Current Amended Original Petition 11-8-10

NO. 03-01-00267-CV



EMERSON HOME BUYERS ASSOCIATION, § IN THE DISTRICT COURT

AN INFORMAL ASSOCIATION, APRIL §

UNDERWOOD, ET AL, §

§

§

Plaintiffs, §

§

V. § 410TH JUDICIAL DISTRICT

§

§

ABN AMRO MORTGAGE GROUP, INC. §

AMERICAN HOME LOAN CORPORATION, §

BANK OF AMERICA, §

BAYVIEW MORTGAGE, INC. §

CHASE HOME FINANCE, LLC. §

CITIMORTGAGE, INC. §

COUNTRYWIDE HOME LOAN, §

FIRST HORIZON LOAN CORPORATION §

FIRST MAGNUS FINANCIAL §

CORPORATION. §

FIRST NATIONAL ACCEPTANCE §

COMPANY OF NORTH AMERICA, §

FLAGSTAR BANCORP, INC. §

FIRST NATIONAL SECURITY §

CORPORATION §

GMAC MORTGAGE §

GREENPOINT MORTGAGE FUNDING, §

INC., §

HOMESIDE LENDING, INC. §

IRWIN MORTGAGE CORPORATION, §

ISLAND MORTGAGE NETWORK, INC., §

JAMES B. NUTTER & CO., §

JUDITH O. SMITH MORTGAGE GROUP, §

INC. §

MATRIX FINANCIAL SERVICES §

CORPORATION §

MIDFIRST MORTGAGE , §





Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 1 of 50

MIT LENDING §

MORTGAGE EDGE CORPORATION §

NETBANK §

EVERHOME MORTGAGE COMPANY §

NEW FREEDOM MORTGAGE §

CORPORATION §

PRINCIPAL RESIDENTIAL MORTGAGE, §

INC, §

SOURCE FINANCIAL MORTGAGE §

US BANK HOME MORTGAGE, INC, §

SYNERGY MORTGAGE SOLUTIONS, §

WASHINGTON MUTUAL HOME LOAN, §

WELLS FARGO HOME MORTGAGE, INC., §

AND WELLS FARGO BANK, N.A. §

§

Defendants. § OF MONTGOMERY COUNTY,

§ TEXAS





PLAINTIFFS' TWENTY-SECOND AMENDED ORIGINAL PETITION





TO THE HONORABLE JUDGE OF SAID COURT:





NOW COME EMERSON HOME BUYERS ASSOCIATION, an INFORMAL

ASSOCIATION consisting of APRIL UNDERWOOD and other individuals, further identified in

herein and hereinafter called “Plaintiff Consumers.” EMERSON HOME BUYERS

ASSOCIATION is appellation for the individual plaintiff consumers, and EMERSON HOME

BUYERS ASSOCIATION does not assert any claim on its own behalf, or any claim on behalf of

others.

SUMMARY OF PLAINTIFF CONSUMERS’ CLAIMS

The 324 Plaintiff Consumers are among over 1,600 individuals and families that

purchased and financed newly installed manufactured home land/home packages from two

Developer/Sellers in or contiguous with Montgomery County, Texas during the period of 1999-

2005. The manufacture homes were purchase with long term mortgage loans, whose original





Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 2 of 50

principle balances were over twice the then current market values.

The long term mortgage loans were procured by mortgage brokers that the

Developer/Sellers chose, many of whom were embedded at the sales locations of the

Developer/Sellers.

The Plaintiff Consumers assert that the originating mortgage lender induced the Plaintiff

Consumer by fraud to enter into negotiable financial instruments, that consisted of loan notes,

deeds of trust, and other transactional and supporting documents, all required by HUD and the

FHA for the funding of the mortgage loan to occur.

The inducement by fraud by the originating mortgage lender to the Plaintiff Consumers

renders such negotiable financial instruments, under Texas law, void ab initio and such

instruments are unenforceable, by not only originating mortgage companies, but also by

subsequent holders in due course.

False Certification by Originating Mortgage Lender

The Plaintiff Consumers assert the nature of the inducement was reliance on the mortgage

brokers’ certified misrepresentations that installed manufactured land/home package was of a

sufficient nature to qualify as both real property under Texas law and for HUD and FHA

participation in the mortgage financing.

Failure to Adhere to HUD Requirements for Notice to Borrower Prior to Clsoing

The Plaintiff Consumers assert that the originating mortgage broker also failed to follow

HUD directives to encourage borrowers to not rely on an appraisal but to have a licensed real

property inspector inspect the property prior to closing. HUD rules require that two such notices

must be provided to and signed by borrowers on the day that the purchase agreement was

executed and at least five days prior to closing. The HUD notices were not provided to Plaintiff

Consumers until the day of closing as two of a massive amount of closing documents, all

executed and dated by Plaintiff Consumers ant the title company closing agent. The originating

mortgage lender commissioned an appraisal, not the Plaintiff Consumers. The originating

mortgage lend provided no copies of the the appraisals prior to closing. Appraisals were first

provided until at closing and was not provided unless specifically requested by Plaintiff



Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 3 of 50

Consumer in writing during the closing.

Subsequent Inspections

Plaintiff Consumers assert that subsequent inspection of the subject properties show that

the subject property did not and never did meet the quality standards required for the type of loan

used to purchase the subject property.

Purpose of Inducement

The Plaintiff Consumers assert that the mortgage brokers earned between $3,000.00 and

$7,000.00 for each loan closed. Plaintiff Consumers assert that the originating mortgage lender

was compensated only if the mortgage loan was funded.

Plaintiff Consumer assert that the originating mortgage lender actions were designed to

hide the un-financeable nature of the property, due to an easily discoverable deficiency had the

Plaintiff Consumers been made aware of HUD’s strong warning to secure an independent real

estate inspector, for such inspections, HUD would have funded up to $200.00. But for the

actions he originating mortgage lender that would have led to the discovery of the true deficient

nature of the subject property, the Plaintiff Consumers would have not have agreed to purchase

and enter into the negotiable financial instruments necessary to purchase of the subject property.

Breach of Contract by ABN AMRO

The Plaintiff Consumers complain that ABN AMRO MORTGAGE GROUP entered into

a contract to settle all claims between ABN AMRO and certain Plaintiff Consumers and ABN

AMRO breached this contract.

SUMMARY OF RELIEF REQUESTED

The Plaintiff Consumers seek relief in equity and in law and reserve their right to elect

the claims and damages prior to trial and/or amend their pleading pursuant to the Texas Rules of

Civil Procedure or as directed by the Court.

Injunctive Relief

Lender Defendants

Plaintiff Consumers seek injunctive relief in the form of a finding that Plaintiff

Consumers were induced by fraud by mortgage loan officer and that the negotiable mortgage





Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 4 of 50

instruments are unenforceable and therefore void. Plaintiff Consumers also request that “credit

clear” be reported to the four major credit reporting agencies, noting that the loan has been paid

fully and eliminating any and all late pays or any other negative credit entries reported as it

concerns the mortgage loan.. In addition, Plaintiff Consumers are also requesting that the

Defendant Lender prepare an exoneration letter detailing what was reported to credit reporting

letter, signed by an officer of the lender.

Monetary Damages

Mortgage Lender Defendants



The Plaintiff Consumers seek damage to the illegal solicitation of monthly payments

consisting of principle, interest, mortgage protection insurance premiums, real property taxes,

hazard insurance premiums (“monthly payments”); diminution of value; wrongful foreclosure;,

eviction; and conversion of personal property are within the jurisdiction of this Court and are

equal to the total amount of all payments made to Lender Defendants since the inception of the

void mortgage loan to the present.





OTHER RELIEF REQUESTED

Trial by Jury, Attorneys’ Fee, and Costs

The Plaintiff Consumers request a Trial by Jury and also seek reasonable attorney’s fees

and costs of litigation.

HISTORY OF THE INSTANT CAUSE

The Plaintiff Consumers assert that several local Montgomery County manufactured

home estate developers marketed some 1,600 manufactured home land/home packages to

generally unsophisticated, low-income, first time homebuyer consumers, over a five-year period

between 2000 and 2005.

The Plaintiff Consumers assert that contractors, used by the Developer/Sellers,

intentionally installed the manufactured homes to a type of foundation that did and do not meet

the standards as required under Texas Law and intentionally filed or caused to be filed a

fraudulent Notice of Installation (Form T) with the Texas Department of Housing and



Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 5 of 50

Community Affairs – Manufactured Housing Division (TDHCA-MHD or TMHD). The filing of

the Form-T led to the wrongful issuance of a Certificate of attachment1 by the TMHD that

wrongly recognized the perfection of an election to treat the manufactured home land/home

package as a real property2 without bothering to inspect the installation. The fraudulent

installation resulted in the buyers and mortgage lenders entering into negotiable instruments for

long term mortgage loans and obtaining mortgage protection insurance which are unenforceable.

The fraudulent installation further resulted in, over a short period of time, not only significant

physical damage3 to the manufactured house but also a significant decrease in the market value4

of the manufactured house land/home packages.

The Plaintiff Consumers assert that the installing Contractor Defendants, through their

acts caused injury to the Plaintiff Consumers.

The Plaintiff Consumers assert that they did not receive the product they bargained for

and misrepresentations made by the Contractor Defendants constitute fraud in the factum, or in

the alternative constitute mutual mistake, rendering the transactions related to the purchase of

that product void ab initio and unenforceable.

The Plaintiff Consumers assert that the State of Texas was negligent in the performance

its ministerial duty of their exclusive administration and enforcement of the laws governing

manufactured housing that resulted in significant amounts of economic harm to the Plaintiff

Consumers.







1

Manufactured Homes that do not qualify as real property are personal property and do not

qualify for long term mortgages and do not qualify for long term FHA mortgage protection

insurance.

2

But for the fraudulent issuance of the Certificate of Attachment, long term mortgage financing

would not have occurred.

3

Physical damages refer to structural damages, ranging from buckling of the exterior and interior

structures to the complete separation of the mated “halves” of the manufactured home,

sometimes rendering the manufactured home uninhabitable,

4

Market values, on the average, have decreased from $100,000.00 at the time of purchase to

under $40,000.00.



Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 6 of 50

DISCOVERY CONTROL PLAN LEVEL

1. Plaintiff Consumers intend that discovery be conducted under Discovery Level 3.

PARTIES AND SERVICE

Plaintiff Consumers

2. The Plaintiff Consumers are purchasers of manufactured home/land packages,

who are fully identified in this petition5. The EMERSON HOME BUYERS ASSOCIATION

refers to a collective appellation for these Plaintiff Consumers. EMERSON HOME BUYERS

assert no claim on its own behalf.

3. The Plaintiff Consumers, named and further identified herein refers to the

individual households. The contact address for the Plaintiff Consumers and Association is C/O

William H, Piper, Attorney at Law, 804 West Dallas Street, Suite 8, Conroe, Texas 77301,

telephone: 936-756-3030, fax: 832-442-3333, email: whpiper@piperlaw.org.



4. As used herein, "Plaintiff" or “Plaintiff Consumer" shall include not only the

named Plaintiff Consumers, but also persons whose claims are being represented by or through

the Plaintiff Consumer and the Plaintiff Consumer’s Household, named herein.



Mortgage Lender Defendants



5. ABN AMRO Mortgage Group, Inc., it heirs, assigns, and successors, is a

mortgage lender doing business in Texas and may be served with a citation directed to said party

at the following address: 777 E Eisenhower Pkwy # 700, Ann Arbor, MI 48108-3273.

6. American Home Loan Corporation, it heirs, assigns, and successors, is a mortgage

lender doing business in Texas and may be served with a citation directed to said party at the

following address: 5846 Camino Empresa, La Jolla, and CA. 92037-7150.





5

Each Plaintiff Consumer, besides by name, is identified by a unique identification number

(“ID”). ID numbers between 1 and 947 indicate plaintiffs who retained legal counsel prior to

January 26, 2005. ID numbers between 2001 and 2037 are plaintiffs who retained legal counsel

between January 27, 2005 and June 26, 2005. ID numbers 3001 and above, are plaintiffs who

retained legal counsel after June 27, 2005.



Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 7 of 50

7. Bank of America, it heirs, assigns, and successors, is a mortgage lender doing

business in Texas and may be served with a citation directed to said party at the following

address::100 North Taylor Street, Charlotte, NC 28255.

8. Bayview Mortgage, Inc., it heirs, assigns, and successors, is a mortgage lender

doing business in Texas and may be served with a citation directed to said party at the following

address: 923 15th NW, Washington, DC 20005.

9. Chase Home Finance, L.L.C., it heirs, assigns, and successors, is a mortgage

lender doing business in Texas and may be served with a citation directed to said party at the

following address: 3415 Vision Drive, Columbus, Ohio 43219.

10. Citimortgage, Inc. , it heirs, assigns, and successors, is a mortgage lender doing

business in Texas and may be served with a citation directed to said party at the following

address: 15851 Clayton Road, Baldwin, MO 63011-2211

11. Countrywide Home Loan, it heirs, assigns, and successors, is a mortgage lender

doing business in Texas and may be served with a citation directed to said party at the following

address: 5220 Las Virgenes Road, Calabasas, and CA. 91302-1064.

12. EverHome Mortgage Company, it heirs, assigns, and successors, is a successor

mortgage lender for one or more of mortgage loans obtained from NetBank and is doing business

in Texas and may be served with a citation directed to said party at the following address: 8100

Nations Way, Jacksonville, FL 32256.

13. First Horizon Loan Corporation, it heirs, assigns, and successors, is a mortgage

lender doing business in Texas and may be served with a citation directed to said party at the

following address: 629 W. Centerville Rd., Garland, TX 75041. Service of said defendants can

be effected at the above address.

14. First Magnus Financial Corporation, it heirs, assigns, and successors, is a

mortgage lender doing business in Texas and may be served with a citation directed to said party

at the following address: 7000 Mopac # 100, Austin, TX 78731.

15. First National Acceptance Company, it heirs, assigns, and successors, of North

America is a mortgage lender doing business in Texas and may be served with a citation directed



Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 8 of 50

to said party at the following address: 435 East Grand River, East Lansing 2089, MI 48826

16. Flagstar Bancorp, Inc., it heirs, assigns, and successors, is a mortgage lender doing

business in Texas and may be served with a citation directed to said party at the following

address: 5151 Corporate Drive, Troy, MI 48098

17. First National Security Corporation, it heirs, assigns, and successors, is a

mortgage lender doing business in Texas and may be served with a citation directed to said party

at the following address: 1770 St. James Pl., Houston, TX 77056.6

18. GMAC Mortgage, it heirs, assigns, and successors, is a mortgage lender doing

business in Texas and may be served with a citation directed to said party at the following

address: 34551 Hammond Avenue, Waterloo, IA 50702

19. Greenpoint Mortgage Funding, Inc. , it heirs, assigns, and successors, is a

mortgage lender doing business in Texas and may be served with a citation directed to said party

at the following address: 777 Post Oak Blvd, Houston TX 77056

20. Homeside Lending, Inc. , it heirs, assigns, and successors, is a mortgage lender

doing business in Texas and may be served with a citation directed to said party at the following

address:7301 Baymeadows Way, Jacksonville, FL 32256

21. Irwin Mortgage Corporation, it heirs, assigns, and successors, is a mortgage lender

doing business in Texas and may be served with a citation directed to said party at the following

address: 10500 Kincaid Drive, Fishers, IN 46037-979

22. Island Mortgage Network, Inc., it heirs, assigns, and successors, is a mortgage

lender doing business in Texas and may be served with a citation directed to said party at the

following address: 520 Broadhollow Road, Melville, NY. 11747.

23. James B. Nutter & Co. , it heirs, assigns, and successors, is a mortgage lender

doing business in Texas and may be served with a citation directed to said party at the following





6

First National Security Corporation appears to a lender of origin, rather than a holder in due

course, that seems to have ceased doing business and upon confirmation the Plaintiff Consumers

intend to seek leave of the Court to either add natural or fictional persons, who can be shown to

be responsible for the acts performed in the Corporation’s name or move to dismiss this



Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 9 of 50

address: 413 Broadway, Kansas City, MO 64111

24. Judith O. Smith Mortgage Group, Inc., it heirs, assigns, and successors, is a

mortgage lender doing business in Texas and may be served with a citation directed to said party

at the following address: 6125 Interstate 20, Suite 140, Ft. Worth, TX 76132

25. Matrix Financial Services Corporation, it heirs, assigns, and successors, is a

mortgage lender doing business in Texas and may be served with a citation directed to said party

at the following address: 2133 W. Peoria, Phoenix, AZ 85029.

26. MidFirst Mortgage, it heirs, assigns, and successors, is a mortgage lender doing

business in Texas and may be served with a citation directed to said party at the following

address: MidFirst Plaza, 501 N.W. Grand Boulevard, Oklahoma City, OK 73118-6054

27. MIT Lending, it heirs, assigns, and successors, is a mortgage lender doing

business in Texas and may be served with a citation directed to said party at the following

address: 7600 Tidwell Rd., Houston, TX 77040. Service of said defendants can be effected at

the above address.

28. Mortgage Edge Corporation, it heirs, assigns, and successors, is a mortgage lender

doing business in Texas and may be served with a citation directed to said party at the following

address: 3747 Church Road, Mt. Laurel, NJ 08054.

29. NetBank7 , it heirs, assigns, and successors, is a mortgage lender doing business

in Texas and is currently in receivership. Net Bank may be served with a citation directed to

Federal Deposit Insurance Corporation Receiver: NetBank, Attention: Claims Department, DRR,

1601 Bryan Street, Dallas, Texas 75201

30. New Freedom Mortgage Corporation, it heirs, assigns, and successors, is a

mortgage lender doing business in Texas and may be served with a citation directed to said party

at the following address: 2363 South Foothill Drive, Salt Lake City, UT 84109

31. Principal Residential Mortgage, Inc., it heirs, assigns, and successors, is a

mortgage lender doing business in Texas and may be served with a citation directed to said party





defendant.



Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 10 of 50

at the following address: 711 High Street, Des Moines, IA 50392.

32. Source Financial Mortgage, it heirs, assigns, and successors, is a mortgage lender

doing business in Texas and may be served with a citation directed to said party at the following

address: Camano Island, WA 98282

33. US Bank Home Mortgage, Inc. , it heirs, assigns, and successors, is a mortgage

lender doing business in Texas and may be served with a citation directed to said party at the

following address: 17500 Rockside Road, Bedford, OH 44146

34. Synergy Mortgage Solutions , it heirs, assigns, and successors, is a mortgage

lender doing business in Texas and may be served with a citation directed to said party at the

following address: 249 E. Ocean Blvd. Suite 1010, Long Beach, CA 90802

35. Washington Mutual Home Loan, it heirs, assigns, and successors, is a mortgage

lender doing business in Texas and may be served with a citation directed to said party at the

following address: 1201 3rd Avenue, Seattle, WA. 98101.

36. Wells Fargo Home Mortgage, Inc. and Wells Fargo Bank, N.A., their heirs,

assigns, and successors, is a mortgage lender doing business in Texas and may be served with a

citation directed to said party at the following address: MAC X2401-04G 1 Home Campus, Des

Moines, IA 50328-0001.



Previous Defendants



37. All other defendants previously named in this cause are out of business, not to be

found, filed for bankruptcy protection, have settled with Plaintiff Consumers, or are entities that

the Plaintiff Consumers decline to further prosecute at this time and have been dismissed or

nonsuited.8

JURISDICTION AND VENUE

38. The subject matter in controversy is within the jurisdictional limits of this court.





7

Holder in Due Course Net Bank has been placed in Receivership in September, 2007.

8

In previous amendments, the Plaintiff Consumers had named as defendants individuals and

entities that were participants in the sales transactions that served as land sellers, mortgage



Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 11 of 50

39. This court has jurisdiction over the Defendants named herein because said

Defendants are either residents of the State of Texas or because said Defendants purposefully

availed themselves of the privilege of conducting activities in the State of Texas, established

minimum contacts sufficient to confer jurisdiction over said Defendants, and the assumption of

jurisdiction over said Defendants will not offend traditional notions of fair play and substantial

justice and is consistent with the constitutional requirements of due process, because said

Defendants had continuous and systematic contacts with the State of Texas sufficient to establish

general jurisdiction over said Defendants.

40. Venue in MONTGOMERY County is proper in this cause pursuant to Section

17.56 of the Texas Business and Commerce Code and under Section 15.002(a)(1) of the Texas

Civil Practice and Remedies Code and Section 1201.222 (d) of the Texas Occupations Code

because all or a substantial part of the events or omissions giving rise to this lawsuit occurred in

this county.

FACTS

41. The Plaintiff Consumers are individuals, who purchased homes from one of

several Developer/Sellers owned or controlled sales entities that were headquartered in

Montgomery County, Texas that have sold manufactured home land/home packages primarily in

Montgomery County but also in surrounding counties.

42. The Developer/Sellers’ sales staff held themselves out to be a "one-stop"

organization, whereby the sale staff would take information for a credit application, fill out all

the paperwork, and arrange for all the outside services required to qualify for a mortgage, such

services to include mortgage brokerage, appraisals, hazard insurance coverage, inspections,

surveys, title searches, and closing title companies on behalf of the customers.

43. The Plaintiff Consumers assert that the Defendant Developer/Sellers marketed a

$25,000 to $30,000 manufactured home together with $10,000 to $15,000.00 land parcels for

sums, on the average, bordering on $100,000.00, that had, on the average, a fair market value of





brokers, appraisers, insurance agents, and closing title companies.



Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 12 of 50

approximately $40,000.00.

44. The Plaintiff Consumers assert that the excessively charged closing costs, paid to

solicited mortgage brokers, insurance agents, appraisers, surveyors, and title companies, averaged

about 10.0% (or about $10,000.00), such closing costs being added into the mortgage loan

amount.

45. The Plaintiff Consumers assert that the Developer/Sellers solicited the services of

mortgage brokers and intentionally provided inflated manufactured home market information,

assisted in distorting potential buyer financial information and other material information in

order to qualify otherwise marginally qualified and even unqualified buyers.

46. The Developer/Seller Defendants would market, advertise and attract potential

buyers through daily and weekly newspaper advertisements, roadside signs, roadside displays,

banners at their sales locations, and on the Internet. These newspaper advertisements would use

a variety of catch phrases, such as for sale by owner, take over payments, rent to own, close out

sale, government financing available, no one refused, banker is brain dead, and promising terms

of either no money down or $500.00 down and payments of $500.00 per month or less.

47. The Plaintiff would show that the Developer/Sellers contracted the installation of

the manufactured homes to the Contactor Defendants, who failed to install the manufactured

home in accordance with Texas Law.

48. The Plaintiff Consumers assert that the Contractor Defendants filed a fraudulent

Notice of Installation (Form T) with the Texas Department of Community Affairs –

Manufactured Housing Division warranting that the installation met the installation requirements

of Texas Law.

49. The Plaintiff Consumers assert that the installation does not meet the requirements

of Texas Law and the acceptance of the application to elect to treat the subject properties as real

property were improperly granted by the Texas Manufacturing Housing Division.

50. The Plaintiff Consumers assert that the manufactured homes installations did not

meet the mandated requirements under Texas law and the Manufactured Housing Division

breached its ministerial duty by not complying with the governing statutes and negligently



Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 13 of 50

approving and improperly issuing a Certificates of Attachment, and/or improperly perfecting the

election to treat the manufactured home as real property..

51. The Plaintiff Consumers assert that the Texas Manufactured Housing Division’s

self-generated forms required the Plaintiff Consumer to waive inspection of the installation in

violation of one or more chapters of Tex. Occ. $1201, et seq.



MINISTERIAL DUTY



52. The Plaintiff Consumers incorporate by reference paragraphs 1 through 50, as

though they were quoted here verbatim.

53. The Texas Manufactured Housing Division is responsible for protecting state

residents who want to purchase manufactured housing by regulating the construction and

installation of manufactured housing. Tex.Occ. §1201.002 (a)(4).

54. The Texas Manufactured Housing Division has a ministerial duty to administer,

oversee, and enforce manufactured housing program in Texas. Tex. Occ. §§1201.051 and

1201.052.

55. The Texas Manufactured Housing Division is mandated to not permit waiver of

any part of Chapter 1201 by consumer because waiver by a consumer is contrary to public policy

and is void. Tex.Occ. §1201.005 (waiver by a consumer of this chapter is contrary to public

policy and void.)

Ministerial Duties of the Department

56. Texas law provides that a manufactured home is personal property, Tex.Prop.

§2.001(a), unless the owner elects to treat the manufactured home as real property under

Tex.Occ. §1201.207. Tex.Prop. §2.001(b),

57. Under Texas law, manufactured housing may be treated as a permanent

improvement to real property, provided the manufactured home meets two statutorily imposed

criteria:

a. The owner of manufactured housing must elect to treat the manufactured housing

as real property in accordance with §1201.2055. Tex. Occ. §1201.222 (a)(1).





Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 14 of 50

b. The installation of the manufactured housing must meet the long term lending

guidelines established by the FHA, Fannie Mae, or Freddie Mac or the FHA long-

term mortgage insurance guidelines. Tex.Occ. §1201.222(c).

58. Tex.Occ. §1201.055 permits the owner of manufactured home to elect to treat the

manufactured home as real property if:

a. The real property to which the manufactured housing is to be attached is owned by

the owner of the manufactured home, Tex. Occ. § 1201.055 (a)(1), or

b. The land is leased to the owner of the manufactured home under a long term lease,

as defined by the department. Tex. Occ. §1201.055 (a)(2).

Inspection of Installations of Manufactured Housing

59. The Texas Administrative Code Title 10, Chapter 80.119 (a) mandates the

installer to warrant that the manufactured home was installed properly.

60. To demonstrate compliance with 10 TAC §80.119 (Installer’s warranty and

reporting requirements), the Texas Manufactured Housing Division utilizes Form 1026 (Notice

of Installation), where the installer warrants the installation methodology used for the installation

of manufactured housing. The installer must select on Form 1026 (Notice of Installation) which

of the approved methodologies were used:

a. Long Term Lending Guidelines

i. FHA

ii. Fannie Mae

iii. Freddie Mac

b. Long Term FHA Mortgage Insurance Guidelines

c. Manufacturer’s Specifications

d. Generic Department Approved Specifications

e. Custom Specification.

61. Manufactured housing that is installed and is intended by the owner to continue to

the treated as personal property may be installed using any of the methodologies enumerated in

items 8.a. through 8.e., above.



Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 15 of 50

62. Manufactured housing that is installed and is intended by the owner to be treated

as a permanent improvement to the land, i.e. real property, however, must be installed using one

of the methodologies enumerated in paragraph 8.a. or 8.b. Tex. Occ. §1201.222 (c).

63. Form 1026 (Notice of Installation), nevertheless, is filed and once filed and

accepted by the TMHD is not reviewed later to ascertain whether the installation is intended for

use as personal property or for treatment as a permanent improvement to real property.9

64. From 1996 to 2003, the Texas Manufactured Housing Division required, as

condition to treat the manufactured home as real property, that the long term mortgage lender and

the consumers certify that the installation met statutory standards and that the mortgage lender

and consumer waived inspection of the installations. TMHD Form 1024 (Revised 2/96), Form

1024 (Rev. 9/1/97), or Form 1024 (Rev.1/29/01).

65. In August, 2002 the Manufactured Housing Division revised the Forms 1026 Rev.

8/2/02 (Notice of Installation). The 2002 Revision required the installer to specify whether the

manufactured housing was installed as real property. The installers chose to not respond to the

section, leaving those sections blank as to whether the installed manufactured home was going to

be treated “as real property. The TMHD accepted the form as is, not requiring the installers to

correct the obvious omissions contained on the Notices of Installation.

66. Form 1026 (Notice of Installation) may not be filed concurrently with the

application from the owner to treat the manufactured housing as real property, 10 TAC §80.119

(e). Rather it must be filed by the installer with the Manufactured Housing Division within

fifteen days of the installation, 10 TAC §80.119 (d), that is, prior to the application to treat as real

property.

67. The installation foundation method used was “pier and footer” instead of “pier

and runner,” which is required under HUD, FHA, Fannie Mae, and Freddie Mac long term







9

The 2003 revision of Form 1026 Rev. 8/2/02 (Notice of Installation) requires the installer to

specify whether the manufactured housing was installed as real property. .The 2005 revision of

Form 1026 Eff. 12/11/05 eliminated the requirement to specify the “as real property” declaration.



Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 16 of 50

lending guidelines10 and under the FHA long-term mortgage insurance guidelines.11

68. Tex.Occ. § 1201.303 mandates the TMHD to establish an installation inspection

program in which at least 25 percent of installed manufactured homes are inspected on a sample

basis for compliance with the standards and rules adopted and orders issued by the director.

Post Installation Inspections

69. The Manufactured Housing Division, upon receipt of a consumer complaint,

would dispatch a field office inspector to the address of the manufactured home.

70. The inspector would attempt to meet with the consumer, retailer, and installer

during inspection that was performed in response to the consumer complaint to the Manufactured

Housing Division.

71. The inspector would then generate a Consumer Complaint Inspection Report (no

form number) where the inspector would record his findings and designate the party, or parties,

that would be responsible for the listed warranty items.

72. The inspector would schedule a second inspection to determine whether warranty

items were in fact repaired as directed.

73. The Manufactured Housing Division’s field inspectors, in their Consumer

Complaint Reports found that a manufactured home with a pier and footer foundation did not

have a foundation. In addition, the inspector found that loads on the concrete piers exceeded the

capacity of the 16”x16” poured single concrete footers. The inspector’s findings contained a

further admonishment that the soil conditions under the home will not support the load, even if





10

In addition the majority of the subject mortgage loans are HUD loans that are insured by FHA

mortgage insurance. HUD requires that manufactured home foundations be of the pier and beam

type.

11

Manufactured housing is built around a steel ladder frame similar to an automobile chassis.

The ladder frame is placed upon concrete block piers. The piers are mounted on poured concrete

footers, which are slightly larger than the footprint of the concrete blocks making up the piers.

The concrete block piers should be mounted on poured concrete runners if the foundation is

meant to comply with FHA, Fannie Mae, or Freddie Mac installation guidelines or FHA long

term mortgage insurance guidelines. There are either four concrete runners running

longitudinally or eight concrete runners running laterally. In addition the concrete block piers



Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 17 of 50

the installer reinforced the piers.

Breach of Ministerial Duty

74. Those consumers, who purchased manufacturing housing land/home packages

from developers of manufactured housing estates or communities, were not the owners of record

of the manufactured housing, when it was originally installed.

75. The Texas Manufactured Housing Division was negligent in its acts and breached

it ministerial duty when it failed to protect state residents who desired to purchase manufactured

housing by regulating the construction and installation of manufactured housing in violation of

Tex.Occ. §1201.002 (a)(4).

76. The Texas Manufactured Housing Division was negligent in its acts and breached

its ministerial duty, when it failed to ensure that the installations of the subject manufactured

homes met the requirements of Tex. Occ. 1201.222 (c) prior to its perfection of the election to

treat the manufactured home as real property.

77. The Texas Manufactured Housing Division was negligent in its acts and breached

its ministerial duty when it required, as condition to treat the manufactured home as real

property, that the long term mortgage lender and the consumer to certify that the installation met

statutory standards and to waive inspection of the installations of the manufacture home to

execute TMHD Form 1024 (Revised 2/96), Form 1024 (Rev. 9/1/97), or Form 1024 in violation

of ((Rev.1/29/01).

78. The Texas Manufactured Housing Division was negligent in its acts and breached

its ministerial duty when it accepted as proof of compliance with statutory requirements for

installation by installers of manufactured housing intended to be sold as real property, where

certificates executed by installers did not certify that the installations satisfy the lending

requirements of the FHA, Fannie Mae, Freddie Mac for long term mortgage loans or for FHA

Insurance.

79. The Texas Manufactured Housing Division was negligent in its acts and breached





must be mortared.



Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 18 of 50

its ministerial duty when it required, as condition to treat the manufactured housing as real

property the originating long term mortgage lender and the consumer to waive inspection of the

installation of the manufacture home by executing a waiver, where such waiver is in direct

violation of Tex.Occ. §1201.005 (waiver by a consumer of this chapter is contrary to public

policy and void.)

80. The Texas Manufactured Housing Division knew, should have known, that

installations did not meet the statutory requirement of § 1201.222 (c) when in response to

consumer complaints, an inspection report was generated showing that a perfected election

manufactured home had no foundation.

81. The Texas Manufactured Housing Division knew or should have known, that its

policies and practices of not inspecting any of the installations of manufactured housing intended

to be sold land/home packages would pave the way for unscrupulous developer/sellers/installers

to fraudulently qualify nonconforming manufactured home installations as real property in order

to dishonestly obtain long term mortgages and mortgage insurance, otherwise not accessible,

without fear of being of being caught.

82. The Texas Manufactured Housing Division knew, or should have known, that

being able to obtain long-term mortgage financing and mortgage insurance would encourage

unscrupulous developer/sellers to artificially and significantly inflate sales prices and lower

installation costs, while at the same time keeping monthly payment amounts roughly equal to the

monthly payment amounts that existed for short-term financing if the manufactured home had

remained as personal property.

83. The Texas Manufactured Housing Division knew, or should have known, that

fraud was abounding in the manufactured home subdivisions in which the manufactured homes,

subject of this suit, were installed.

Discovery Rule Pled

84. The Plaintiff Consumers invoke the discovery rule tolling the statue of limitations

because they did not discover that their installations did not meet the statutory requirements until

they were inspected by a licensed real estate inspector.



Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 19 of 50

UNENFORCEABILITY

HOLDERS IN DUE COURS



85. The Plaintiff Consumers adopt and incorporate paragraphs 1 through 84, as

though they were quoted verbatim.

Certificates of Attachment are Void Ab Initio

86. Texas law provides that a manufactured home is personal property, Tex.Prop.

§2.001(a), unless the owner elects to treat the manufactured home as real property under

Tex.Occ. §1201.207. Tex.Prop. §2.001(b),

87. Tex.Occ 1201.222 mandates the conditions that must be fulfilled in order for the

election to treat a manufactured home as real property in order to be perfected under

Tex.Occ.§1201.207.

88. The Texas Administrative Code Title 10, Chapter 80.119 (a) mandates the

installer to warrant that the manufactured home was installed properly. Further, the installer

must submit a Notice of Installation (Form T) within 15 days of the installation. 10 TAC

80.119(d). The completed Form T may not be filed with the application to treat the

manufactured home as real property filed by the owner of the manufactured home. 10 TAC

80.119(e).

89. Tex.Occ.§1201.222 in its pertinent parts requires that the “[i]nstallation of a

manufactured home considered to be real property under this chapter must occur in a manner that

satisfies the lending requirements of FHA, Fannie Mae, or Freddie Mac for long-term mortgage

loans or for FHA insurance.” Tex.Occ §1201.222(c).

90. The Plaintiff Consumers assert that the installers filed fraudulent Notices of

Installation (Form T,) made under oath, with the Texas Department of Housing and Community

Affairs – Manufactured Housing Division.

91. The Plaintiff Consumers assert that the “Form T” fraudulently asserted that the

foundation met the requirements of Tex.Occ.§1201.222(c) for the purpose of fraudulently









Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 20 of 50

obtaining Certificates of Attachment,12without which long term mortgage loans would not

qualify for FHA, Freddie Mac, or Fannie Mae long term mortgage financing and/or would not

qualify for FHA long term mortgage insurance coverage.

92. The Plaintiff Consumers assert that the Manufactured Housing Division failed to

inspect the installation of the manufactured homes in order to ensure the installation’s

compliance with Texas law.

93. The Plaintiff Consumer assert that the Manufactured Housing Division was aware

or should have been that the installations of the subject manufactured home subdivisions

complained of herein, did not meet the statutory requirements, when their field inspectors in

response to consumer complaints, noted that the manufactured home had “no foundation.”

94. The Plaintiff Consumer assert that the Manufactured Housing Division was aware

or should have been that the installations of the subject manufactured home subdivisions

complained of herein, did not meet the statutory requirements, when their field inspectors did not

inspect the installations because they could not find the location the manufactured home to be

inspected.

95. The Plaintiff Consumers assert the installations of the manufactured homes did

not, and still do not, conform to the lending requirements of FHA, Freddie Mac, or Fannie Mae

and do not conform to the FHA long term lending insurance requirements as required to qualify

for the election of real property under Tex.Occ §1201.222(c).

96. The Plaintiff Consumers assert that Certificates of Attachment are void ab initio.

97. The Plaintiff Consumers assert that the manufactured home title was improperly

cancelled and the issuance of Certificate of Attachment is contrary to Texas Law.

98. The Plaintiff Consumers assert that a void Certificate of Attachment constitutes

fraud in the factum and any and all transactional agreements and negotiable instruments that are

based, in whole or in part, to include but not limited to loan notes and deeds of trust, are

unenforceable as a matter of law.





12

As of September 1, 2003 the Certificate of Attachment was replaced by the term Statement of



Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 21 of 50

Mutual Mistake

99. The Plaintiff Consumers incorporate by reference paragraphs 1 through 98, as

though they were quoted here verbatim.

100. Plaintiff Consumers assert that the loan notes and deeds of trust are negotiable

instruments as defined under the Texas Business and Commerce Code, Section 3.104.

101. In the alternative, the Plaintiff Consumers assert they entered into what they and

the mortgage lenders believed to be enforceable and unambiguous contracts and negotiable

instruments with mortgage lenders, the collateralization of which was the real property and

permanent improvements thereto, as indicated by the undeserved perfection of the an election to

treat the improperly installed manufactured home, wrongly issued by the TDHCA-MHD.??

102. Texas recognizes mutual mistake as a valid defense to avoid performance in a

contract. de Monet v. PERA, 877 S.W.2d 352 (Tex.App. - Dallas 1994, no. writ). “A party

seeking to avoid a contract on the grounds of mutual mistake must show (1) a mistake of fact, (2)

held mutually by the parties, (3) which materially affects the agreed-upon exchange.” Id. at 357.

103. The Plaintiff Consumers assert that reliance on a fraudulent Certificate of

Attachment that improperly re-characterizes the manufactured home as real property constitutes a

mistake of fact.

104. The Plaintiff Consumers assert that the mistake of fact was mutually held by the

parties.

105. The Plaintiff Consumers assert the mistake of fact materially affects the agreed

upon exchange.

106. The Plaintiff Consumers assert that the mutual mistake thwarts enforcement of

any resulting formation of contracts and negotiable instruments.

107. The Plaintiff Consumers assert the contracts and negotiable instruments are

unenforceable by way of mutual mistake.



Wrongful Foreclosure





Ownership and Location (SOL,) by way of a regulatory revision.



Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 22 of 50

108. The Plaintiff Consumers incorporate by reference paragraphs 1 through 107, as

though they were quoted here verbatim.

109. The Plaintiff Consumers assert that the manufactured homes are personal

property. 13

110. The Plaintiff Consumers assert the foreclosure of the contracts and negotiable

instruments are wrongful and the foreclosures should be rescinded and removed from any

negative credit reporting.



Wrongful Eviction



111. The Plaintiff Consumers incorporate by reference paragraphs 1 through 110, as

though they were quoted here verbatim. The Plaintiff Consumers assert that manufactured home,

as personal property, was not a permanent improvement to the land.

112. The Plaintiff Consumers assert that no liens were recorded with the Texas

Manufactured Housing Division against the manufactured home, as required under Tex.Occ.

§1201.2055 (c), and any alleged liens filed in any other location or with any other governmental

agency are invalid and not enforceable so as to not entitle the lender/presumptive lien holder to

take possession of the manufactured home as part of foreclosure on real property that served as

collateral for a long term mortgage loan.

113. The Plaintiff Consumers assert that title to the manufactured home remains vested

in the Plaintiff Consumers.

114. The Plaintiff Consumers assert that eviction from the Plaintiff Consumers’

personal property was wrongful and such evictions should be rescinded and any negative credit

reporting should be removed against the Plaintiff Consumers.

115. The Plaintiff Consumers assert that eviction controverts any possible claim of

abandonment of the subject property.



Conversion





13

The Texas Uniform Commercial Code defines an unattached manufactured home as a “good,”



Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 23 of 50

116. The Plaintiff Consumers incorporate by reference paragraphs 1 through 115, as

though they were quoted here verbatim.

117. The Plaintiff Consumers assert that the taking and sale of the manufactured home

to third parties constitutes conversion of the Plaintiff Consumers’ personal property and is

wrongful.

118. The Plaintiff Consumers assert that the improperly foreclosed manufactured

homes were sold by the lenders and/or their designated agents, to bona fide third-party purchasers

and are not recoverable.

119. The Plaintiff Consumers assert that they are entitled to recovery of the cost value

of the manufactured home.



Holders in Due Course





120. The Plaintiff Consumers incorporate by reference paragraphs 1 through 119, as

though they were quoted here verbatim.



121. The Plaintiff Consumers assert that enforcement of the negotiable instruments was

pursued by “Holders in Due Course”,14 who had not dealt with the parties to the financing

instruments.

122. The Plaintiff Consumers assert that holders in due course are subject to the

defenses of performance by the Plaintiff Consumers on the grounds of fraud in the factum,

fraudulent inducement, and mutual mistake. Texas Business & Commerce Code, Section 3.302.

123. The Plaintiff Consumer assert that they were induced by the originating loan

officer to enter to negotiable financial instrument by fraud and that these negotiable financial

instrument are unenforceable under Texas law. Tex.Bus&Com §3.305 (1)(a)(2).

124. The Plaintiff Consumers assert that all the documents executed or made part of





that is personal property. Tex. UCC 9.102 (44)(v)

14

Holders in Due Course are individuals or entities to which interest in an instrument have been

transferred, as defined under U.C.C. § 3-302.



Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 24 of 50

the mortgage loan closing documents are negotiable financial instruments, as necessary

documents without which the mortgage loan would not have closed.

125. The Plaintiff Consumers assert that the defense of unenforceability are available

to Plaintiff Consumers under Tex.Bus.&Com. 3.305 (1)(a)(2) against the originating lenders and

all Holders in Due Course.

126. The Plaintiff Consumers request that any prior negative credit reporting made by

the Defendants and/or by third parties be caused to be removed from the Plaintiff Consumers

credit, such negative reporting includes, but not limited to, late payment, nonpayment, loan note

acceleration, and loan foreclosures.

127. The Plaintiff Consumers assert that they were economically damaged by Lender

Defendants and seek recovery of those damages stemming from the unlawful solicitation of

monthly payments, consisting of principle, interest, mortgage protection insurance premiums,

real property taxes, hazard insurance premiums (“monthly payments”); diminution of value;

wrongful foreclosure;, eviction; and conversion of personal property are within the jurisdiction

of this Court and are equal to the total amount of all payments made to Lender Defendants since

the inception of the void mortgage loan to the present.

128. Plaintiff Consumers assert that the injunctive relief and monetary damages herein

pled are within the jurisdiction of the Court.



UNJUST ENRICHMENT



129. The Plaintiff Consumers incorporate by reference paragraphs 1 through Error!

Reference source not found.161, as though they were quoted here verbatim.

130. The Plaintiff Consumers would show that the Contractor Defendants were paid

out of proceeds at the closing of the sale and/or mortgage loan closing.

131. The Plaintiff Consumers would show that the Installation Contractor Defendants

were unjustly enriched by the amount of the cost of the use of an unapproved and inadequate

foundation consisting of stacked piers on concrete footers instead of the approved foundation

consisting of mortared stacked piers on full length, poured concrete beam, also called “runners”.





Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 25 of 50

BREACH OF CONTRACT

ABN AMRO MORTGAGE GROUP

132. The Plaintiff Consumers incorporate by reference paragraphs 1 through 131, as

though they were quoted here verbatim.

133. The Plaintiff Consumers assert that ABN AMRO Mortgage Group, Inc. (herein

after ABN AMRO) entered into an unambiguous, enforceable contract with the relevant Plaintiff

Consumers and their Attorney of Record, whereby ABN AMRO offered every manufactured

home buyer whose mortgage lender was ABN AMRO and whose mortgage loan closed at Old

Republic Title Company, that relevant twenty-eight (28) Plaintiff Consumer had the option to

modify or rescind their mortgage loan. In additional ABN AMRO agreed to send notice to the

three major credit reporting agencies, such notice to eradicate all previous reported negative

credit information, to include but not limited foreclosures, late pays, etc.(credit clean). ABN

AMRO Mortgage Group, Inc. breached that contract and failed to honor the agreement, did not

modify or rescind the mortgage loan, and the relevant Plaintiff Consumers were damaged

thereby.

134. The agreement also specified that ABN AMRO would pay the Plaintiff

Consumers’ Attorney of Record the amount of a sum certain for each represented Plaintiff

Consumer. ABN AMRO’s failure to honor its agreement for those twenty-eight (28) relevant

Consumer Plaintiff Consumers caused injury and Plaintiff Consumers’ attorney was damaged.

135. Further, ABN-AMRO breached the contract with certain Plaintiff Consumers,

whose mortgage loans were rescinded and whose credit was not “cleaned,” causing continuing

damage to credit.

DAMAGE TO CREDIT

136. The Plaintiff Consumers assert that ABN AMRO’s failure to perform under the

terms of the contract that provided for rescission or modification of mortgage loans and repair of

credit reporting caused damages to Plaintiff Consumers.



CONDITIONS PRECEDENT







Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 26 of 50

137. The Plaintiff Consumers assert that all conditions precedent has been met. All

DTPA Defendants have received such notice and the sixty-day period has run.



CAUSE OF ACTION PLEADING BY DEFENDANT



138. ABN AMRO Mortgage Group, Inc. The Plaintiff Consumers as herein below

identified assert Breach of Contract, as to the following that closed at Old Republic Title

Company:

ABN AMRO Mortgage Group, Inc.



1. 754 Brown, Michael 19315 Timberland Blvd, Purchase 617024461

Porter, Texas 77365

2. 758 Clifton, Michael 16438 Brittany Way, Purchase 617817368

Conroe, Texas 77306

3. 762 Cryer, Kaleb 27012 Pecos Ranch Drive, Refinance 622804272

Magnolia, Texas 77355

4. 115 Dana, Debra 16397 Crockett Crossing, Refinance 618058909

Conroe, Texas 77303

5. 119 Davis, Alisha 187 Carmen Blvd, Refinance 621110749

Conroe, Texas 77306

6. 621 Gonzales, 810 Palmdale Street, Refinance 622832551

Margarita Montgomery, Texas 77316

7. 193 Gross, Jayme 9607 Maple Ridge Drive, Refinance 616671851

Willis, Texas 77318

8. 202 Hamilton, Linda 16447 Brittany Way, Refinance 616793938

Conroe, Texas 77306

9. 293 Knappenberger, 16382 Crockett Crossing, Refinance 621097081

Gwendolyn Conroe, Texas 77303

10. 314 Longoria, Shirley 16435 Emerson Circle, Refinance 617217794

Conroe, Texas 77306

11. 325 Maldonado, 89 Woodfarm Road , Refinance 621368660

Roberto Huntsville, Texas 77320

12. 620 Melchor, Jeremy 26406 Country Woods Trail, Refinance 621143338

Magnolia, Texas 77355

13. 401 Obalek, Robert 26202 Country Ridge, Refinance 623918191

Magnolia, Texas 77355

14. 707 Pidgeon, Tom 26314 Country Hollow, Refinance 623544703

Magnolia, Texas 77355

15. 808 Popp, Michael 158 Orion Lane, Refinance 619673699

Conroe, Texas 77306







Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 27 of 50

16. 715 Rodish, Steven 16331 Crockett Crossing, Refinance 627624856

Conroe, Texas 77303

17. 503 Smith, Michael 16455 Emerson Circle, Refinance 616627322

Conroe, Texas 77306

18. 645 Stevens, Melody 16318 Crockett Bend Drive, Purchase 624540994

Conroe, Texas 77303



19. 26 Barger, William 11696 Old Oak Trail West, Refinance 617818234

Willis, Texas 77378

20. 272 Jones, Harry 151 Orion Lane, Refinance 620192757

Conroe, Texas 77306

21. 321 Lunsford, David 13041 Oak Manor Court, Refinance 617205277

Willis, Texas 77318

22. 770 Luthi, Edward 95 CR 2800, Refinance 615363286

Cleveland, Texas 77327

23. 380 Morales, Sara 167 Orion Lane, Refinance 619546080

Conroe, Texas 77306

24. 785 Pahl, Raymond 194 Carmen Blvd, Refinance 622018383

Conroe, Texas 77306

25. 465 Ruiz, Primtivo 16455 Brittany Way, Purchase 618092293

Conroe, Texas 77306 Conventional

Uninsured

26. 470 Sanchez, 16501 Emerson Circle, Refinance 617024791

Abraham Conroe, Texas 77306

27. 525 Sykes, Brett 186 Carmen Blvd, Refinance 621325862

Conroe, Texas 77306

28. 541 Truster, Tarylon 154 Carmen Blvd, Refinance 621371084

Conroe, Texas 77306

29. 3003 Prescott, Tracy 19158 Ranch Crest Drive Refinance

Magnolia, Texas 77355





139. Holders in Due Course. The Plaintiff Consumers, as herein below identified,

assert Affirmative Defense of Fraud in the Factum, Affirmative Defense of Mutual Mistake,

Wrongful Foreclosure, Wrongful Eviction, Conversion, and Damage to Credit, against the

following

A ABN AMRO Mortgage Group, Inc.



1. 32 Barrios, Janie 109 Ashley Lane, Refinance 619055305

Huntsville, Texas 77340

2. 754 Brown, Michael 19315 Timberland Blvd, Purchase 617024461

Porter, Texas 77365







Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 28 of 50

3. 2011 Caldwell, Charles 75 Horseshoe Lake Road, Purchase 622591805

Huntsville, Texas 77320

4. 758 Clifton, Michael 16438 Brittany Way, Purchase 617817368

Conroe, Texas 77306

5. 762 Cryer, Kaleb 27012 Pecos Ranch Drive, Refinance 622804272

Magnolia, Texas 77355

6. 115 Dana, Debra 16397 Crockett Crossing, Refinance 618058909

Conroe, Texas 77303

7. 117 Daniel, Mark 26126 Country Woods Trail, Purchase 621761246

Magnolia, Texas 77355 Conventional

Uninsured

8. 119 Davis, Alisha 187 Carmen Blvd, Refinance 621110749

Conroe, Texas 77306

9. 764 Eastes, Hassie 446 Ryan's Ferry Road, Purchase 0 624256923

Huntsville, Texas 77340

10. 2021 Fenner, Paul 22622 Susana Lane, Purchase 626811098

Spring, Texas 77389

11. 610 Fleig, Mary 16314 Lone Star Ranch Purchase - FHA 616248744

Drive, Conroe, Texas 77302 493-6538358

12. 175 Gilliam, Patricia 5419 Jimbo Lane, Refinance 621403710

Spring, Texas 77389

13. 621 Gonzales, 810 Palmdale Street, Refinance 622832551

Margarita Montgomery, Texas 77316

14. 184 Granville, Selester 109 Ashley Lane, Refinance 622262302

Huntsville, Texas 77340

15. 193 Gross, Jayme 9607 Maple Ridge Drive, Refinance 616671851

Willis, Texas 77318

16. 196 Gunter, Charles 11720 Oak Moss , Refinance 622212050

Willis, Texas 77378

17. 678 Hahn, Arthur 16212 Lone Star Ranch Purchase 619946068

Drive, Conroe, Texas 77302 Conventional

Insured

18. 202 Hamilton, Linda 16447 Brittany Way, Refinance 616793938

Conroe, Texas 77306

19. 603 Harris, Jeffrey 101 Earl Road, Refinance 622880889

Huntsville, Texas 77340

20. 246 Howard, Tad 49 Erin Drive, Refinance 618236904

Huntsville, Texas 77340

21. 270 Johnson, Tommy 107 Ashley Lane, Refinance 622239233

Huntsville, Texas 77327

22. 273 Jones, Marcus 16454 Hill Country Drive, Purchase 615575910

Conroe, Texas 77302 Conventional

Uninsured









Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 29 of 50

23. 274 Jones, Martin 26202 Country Woods Trail, Refinance 621238296

Magnolia, Texas 77355

24. 293 Knappenberger, 16382 Crockett Crossing, Refinance 621097081

Gwendolyn Conroe, Texas 77303

25. 314 Longoria, Shirley 16435 Emerson Circle, Refinance 617217794

Conroe, Texas 77306

26. 319 Lugo, Guadalupe 110 Ashley Lane, Purchase - FHA 626483455

Huntsville, Texas 77320 493-7207637-796

27. 325 McDaniel James 131 Horseshoe Lane, Refinance 621368660

Huntsville, Texas 77340

28. 346 McDaniel , John 131 Horseshoe Lane , Refinance 618233514

Huntsville, Texas 77340

29. 620 Melchor, Jeremy 26406 Country Woods Trail, Refinance 621143338

Magnolia, Texas 77355

30. 397 Nixon, Michael 29 Holiday Village, Refinance 618576074

Pointblank, Texas 77365

31. 401 Obalek, Robert 26202 Country Ridge, Refinance 623918191

Magnolia, Texas 77355

32. 707 Pidgeon, Tom 26314 Country Hollow, Refinance 623544703

Magnolia, Texas 77355

33. 808 Popp, Michael 158 Orion Lane, Refinance 619673699

Conroe, Texas 77306

34. 435 Randle, Pearla 860 Woodfarm Road , Refinance 621076042

Huntsville, Texas 77340

35. 612 Richard , Stacey 16273 Wild Oak Lane, Purchase - FHA 621124404

Conroe, Texas 77302 493-7074051-703

36. 715 Rodish, Steven 16331 Crockett Crossing, Refinance 627624856

Conroe, Texas 77303

37. 503 Smith, Michael 16455 Emerson Circle, Refinance 616627322

Conroe, Texas 77306

38. 645 Stevens, Melody 16318 Crockett Bend Drive, Purchase 624540994

Conroe, Texas 77303

39. 749 Wiens-Shurley, 16256 Wrangler Avenue, Purchase

Nelda Conroe, Texas 77302



40. 26 Barger, William 11696 Old Oak Trail West, Refinance 617818234

Willis, Texas 77378

41. 272 Jones, Harry 151 Orion Lane, Refinance 620192757

Conroe, Texas 77306

42. 321 Lunsford, David 13041 Oak Manor Court, Refinance 617205277

Willis, Texas 77318

43. 770 Luthi, Edward 95 CR 2800, Refinance 615363286

Cleveland, Texas 77327

44. 380 Morales, Sara 167 Orion Lane, Refinance 619546080

Conroe, Texas 77306





Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 30 of 50

45. 785 Pahl, Raymond 194 Carmen Blvd, Refinance 622018383

Conroe, Texas 77306

46. 465 Ruiz, Primtivo 16455 Brittany Way, Purchase 618092293

Conroe, Texas 77306 Conventional

Uninsured

47. 470 Sanchez, 16501 Emerson Circle, Refinance 617024791

Abraham Conroe, Texas 77306

48. 525 Sykes, Brett 186 Carmen Blvd, Refinance 621325862

Conroe, Texas 77306

49. 541 Truster, Tarylon 154 Carmen Blvd, Refinance 621371084

Conroe, Texas 77306

B American Home Loan

1. 376 Moore, Elizabeth 16426 Trenda Court, Conroe, Purchase - FHA 203924029

Texas 77306 493-7654907-703



C Bank of American

1. 91 Clark, John 16534 Leafy Meadow Drive, Purchase - FHA

Conroe, Texas 77302 493-6673889-796

2. 221 Henry, Sharon 4492 Grand Oaks Drive, Refinance

Willis, Texas 77318 Conventional

Uninsured 6281688462

3. 280 Kancilja, Gregory 16517 Leafy Meadow Drive, Purchase - FHA 30063440/28

Conroe, Texas 77302 493-6691751-703 759280

4. 326 Malik, Dawn 16522 Leafy Meadow Drive, Purchase - FHA 3006274-

Conroe, Texas 77302 493-6652242-729 28807253

5. 404 Ortega, Jose 16350 Lone Star Ranch Purchase - FHA

Drive, Conroe, Texas 77302 493-6586006-703

6. 452 Robinson, James 16538 Leafy Meadow Drive, Purchase - FHA 3006105/286

Conroe, Texas 77302 493-6664683-703 55579

7. 601 Deming, Kenny 16309 Lone Star Ranch Purchase

Drive, Conroe, Texas 77302 Conventional

Insured 6373978888

8. 747 Stone, Louis 16088 Nikita Circle, Purchase - FHA

Conroe, Texas 77302 493-6649821-703 3005955



D Bayview

1. 802 Tamlin, Jason 122 Carmen Blvd, Purchase - FHA

Conroe, Texas 77306 493-7870670-796







E Chase Home Finance





Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 31 of 50

1. 12 Anderson , James 142 Carmen Blvd, Purchase - FHA

1928174663

Conroe, Texas 77306 493-7326491

2. 2034 Ballengee, 7010 Forest Meadow, Purchase - FHA

Raymond Magnolia, Texas 77354 493-7356543-796

3. 33 Barrow, Nathan 16344 Lone Star Ranch Purchase - FHA

Drive, Conroe, Texas 77302 493-6623377-703 1512358648

4. 763 Dewees, Edgar 16207 Kelcey Circle, Purchase - FHA

1928260380

Magnolia, Texas 77355 493-746774-703

5. 206 Harding, Rex 16489 Hill Country Drive, Purchase - FHA

27086396

Conroe, Texas 77302 493-6872891-796

6. 2035 Inferrera, Ron 16539 Bunny Hill Court, Purchased

Conroe, Texas 77302 Conventional 1522097223

Insured

7. 263 Jankovic, Scott 16172 Western Echo, Purchase - FHA 3006063-

Conroe, Texas 77302 493-6608538-703 1512394109

8. 264 Jenkins, Leatha 16588 River Ranch Drive, Purchase - FHA 30057301/51

Conroe, Texas 77302 493-6636790-703 2371602

9. 652 Jordan-Kidd, 16473 Hill Country Drive, Purchase Later

Carol Conroe, Texas 77302

10. 727 Long, Edgar 31431 Ashland Timbers Purchase - FHA

Court, Magnolia, Texas 493-7441851-796

77355

11. 337 Mataska, Ray 16205 Lone Star Ranch Purchase - FHA

Drive, Conroe, Texas 77302 493-6466160

12. 339 Mathews, Richard 7011 Forest Meadow, Purchase - FHA

1928171960

Magnolia, Texas 77354 493-7321290-703

13. 353 McKinley, Glen 16258 Daisy View Court, Refinance - FHA

293887650

Conroe, Texas 77302 493-7153279-796

14. 370 Mitchell, Michelle 26206 Country Heights, Refinance

Magnolia, Texas 77355 Conventional

Uninsured

15. 384 Morris, Margaret 16579 River Ranch Drive, Purchase - FHA

3005156

Conroe, Texas 77302 493-6608386-703

16. 391 Murphy, Joe 16472 Hill Country Drive, Purchase - FHA

1519487365

Conroe, Texas 77302 493-3896426-796

17. 729 Myers, Kevin 16335 Crockett Bend Drive, Purchase - FHA

Conroe, Texas 77303 493-7471558-703

18. 419 Perry, Rebecca 16224 Lone Star Ranch Purchase - FHA

Drive, Conroe, Texas 77302 493-6533889-796

19. 459 Rouse, Nathan 16552 Desert Star Court, Purchase - FHA

1988333867

Conroe, Texas 77302 493-6809745-796

20. 2031 Shaffer, Vicki 22619 Susana Lane, Spring, Purchase - FHA

Texas 77389 493-7236140-76

21. 493 Slusser, Robert 16560 River Ranch Drive, Purchase - FHA

1512379386

Conroe, Texas 77302 493-6644354-703





Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 32 of 50

22. 2008 Wilburn, William 16406 Evergreen Timbers, Purchase - FHA

1928187541

Magnolia, Texas 77355 493-7329592-703

23. 25 Barclay, Ramona 16576 River Ranch Drive, Purchase - FHA

300598

Conroe, Texas 77302 493-6644377-703

24. 35 Battaglia, Paul 16284 Lone Star Ranch Purchase - FHA

3005731

Drive, Conroe, Texas 77302 493-6603530-703

25. 716 Burke, Ryan 16430 Tamra Court, Purchase - FHA

200332448

Conroe, Texas 77306 493-7441533-796

26. 73 Butler, Michael 16556 Desert Star Court, Purchase - FHA

Conroe, Texas 77302 493-6791571

27. 864 Cadena, Erik 16328 Lone Corral Court, Purchase FHA

Conroe, Texas 77302 493-7393806-796

28. 86 Castle, Patricia 16297 Lone Star Ranch Purchase - FHA

5810823996

Drive, Conroe, Texas 77302 493-6396228

29. 146 Emmons, 24 Cogan's Grove, Purchase - FHA

1517983242

Catherine Huntsville, Texas 77320 493-7354979-703

30. 618 Eudy, Mary 159 Crockett Martin Road, Purchase - FHA

Conroe, Texas 77303 493-7604867-703

31. 738 Gordon, Jorge 16315 Lone Star Ranch Purchase – FHA

Drive, Conroe, Texas 77302 493-6433757-703

32. 719 Harvey, Lorna 187 Aquarius Court, Purchase - FHA

2000288388

Conroe, Texas 77306 493-7365023-703

33. 220 Henry, Robert 16476 Brittany Way, Purchase - FHA

200282477

Conroe, Texas 77306 493-7356458

34. 672 Hommel, Jason 16059 Nikita Circle, Purchase - FHA

Conroe, Texas 77302 493-6608436-703

35. 658 Howell, Jeffrey 16351 Lone Star Ranch Purchase - FHA

Drive, Conroe, Texas 77301 93-6531054

36. 257 Hyman, Pamela 16435 Trenda Court, Purchase - FHA

1928177901

Conroe, Texas 77306 493-7315698-796

37. 265 Johnson, Don 16458 Hill Country Drive, Purchase - FHA

Conroe, Texas 77302 493-6932394

38. 307 Leigh, Kelvin 102 Earl Road, Purchase - FHA

Huntsville, Texas 77320 493-7338188-703

39. 316 Loveday, Chad 12959 Hill Street, Refinance

Conroe, Texas 77304

40. 794 Lowery, Albert 19074 Ranch Crest Drive, Refinance

Magnolia, Texas 77355

41. 364 Martin , Thomas 16384 Red Tail Hawk Purchase - FHA

1988671688

Court, Conroe, Texas 77302 493-6917380-796

42. 353 McKinley, Glen 16258 Daisy View Court, Refinance - FHA

293887650

Conroe, Texas 77302 493-7153279-796

43. 363 Miller, Robert 16176 Western Echo, Purchase - FHA 3005656/151

Conroe, Texas 77302 493-6615387-703 2365654







Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 33 of 50

44. 391 Murphy, Joe 16472 Hill Country Drive, Purchase - FHA

1519487365

Conroe, Texas 77302 493-3896426-796

45. 402 Olexa, Steven 16093 Nikita Circle, Purchase - FHA

3005762

Conroe, Texas 77302 493-6608442-703

46. 417 Perkins, Tiffany 113 Earl Road, Purchase - FHA

Huntsville, Texas 77320 493-7351908

47. 430 Prima, Mathew 16566 Desert Star Drive, Purchase - FHA

1988322758

Conroe, Texas 77302 493-6809695-796

48. 441 Richardson, Alan 16257 Wrangler Avenue, Purchase - FHA

3006225

Conroe, Texas 77302 493-6681471-703

49. 787 Riley, Judy 16203 Kelcey Circle, Purchase - FHA

Magnolia, Texas 77355 493-7465365-703

50. 451 Roberts , Anita 16403 Crockett Bend Drive, Purchase - FHA

1928263730

Conroe, Texas 77303 493-7477544-703

51. 468 Salas, Eric 16484 Brittany Way, Conroe, Purchase - FHA

Texas 77306 493-7347780-703

52. 481 Scott, Michael 16393 Red Tail Hawk Court, Purchase - FHA

1948354840

Conroe, Texas 77302 493-6924845-796

53. 504 Smith, 16180 Lone Star Ranch Purchase - FHA

1988717891

Montgomery Drive, Conroe, Texas 77302 493-6947382-796

54. 698 Stern, Jeffrey 16397 Crockett Bend Drive, Purchase - FHA

1928264697

Conroe, Texas 77303 493-7459035-703

55. 748 Tigner, Hank 16092 Nikita Circle, Purchase - FHA

1512373540

Conroe, Texas 77302 493-661962-703

56. 771 Tomlinson, Bertha 31219 West Timberloch Purchase - FHA

1928173106

Trail, Magnolia, Texas 77355 493-7321363-703

57. 539 Trevino, Robert 2 Ellen Street, Huntsville, Purchase - FHA

1928255980

Texas 77320 493-7288886-703

58. 546 Venoy, Kevin 16570 Desert Star Drive, Purchase - FHA

Conroe, Texas 77302 493-6796194-796

59. 551 Walker, David 1 Jacob Street, Purchase - FHA

1928187235

Huntsville, Texas 77320 493-7341295-703

60. 2032 Wallace, Kevin 31522 Bryan Street, Purchase - FHA

Magnolia, Texas 77355 493-7473434-796



F Citimortgage, Inc.

1. 72 Burton, Robert 16268 Wrangler Avenue, Purchase - FHA 6006272-

Conroe, Texas 77302 493-6682897-729 28840452

2. 138 Dugas, Alton 16239 Wild Oak Lane, Purchase 2.0009E+10

Conroe, Texas 77302 Conventional

Uninsured

3. 148 Evans, Kenn 16345 Lone Star Ranch Purchase - FHA 3004524/452

Drive, Conroe, Texas 77302 493-6582129-703 9863







Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 34 of 50

4. 275 Jones, Zorn 16529 Leafy Meadow Drive, Purchase - FHA 3006338/288

Conroe, Texas 77302 493-7222397-703 64270

5. 286 Kersh, Russell 16217 Lone Star Ranch Purchase - FHA

Drive, Conroe, Texas 77302 493-63696178

6. 437 Reese, Michael 16259 Lone Star Ranch Purchase - FHA

Drive, Conroe, Texas 77302 493-6543420-703

7. 619 Torres, Pedro 16347 Crockett Crossing, Refinance Re-scan

Conroe, Texas 77303

8. 922 Garnett, Paul 16543 Leafy Meadow Drive, Purchase - FHA 20108996

Conroe, Texas 77302 493-664-9844-703



9. 268 Johnson, Stephen 16332 Lone Corral Court, Purchase – FHA 3006361/288

Conroe, Texas 77302 493-6716298-703 85804

10. 400 Nye, Paul 11737 Small Oak Lane, Purchase 60982466

Willis, Texas 77378 Conventional

Uninsured

11. 619 Torres, Pedro 16347 Crockett Crossing, Refinance Re-scan

Conroe, Texas 77303



G Countrywide

1. 714 Barrientos, 16206 Lone Star Ranch Refinance - FHA 9059352

Alfredo Drive, Conroe, Texas 77302 493-6796323-703

2. 671 Benevides, Rafael 16310 Lone Coral Court, Purchase – FHA

Conroe, Texas 77302 493-6741634-796

3. 584 Wood, Tommy 16529 Desert Star Court, Purchase 493- 27579056

Conroe, Texas 77302 7382210-703

4. 642 Cahill, Michael 16357 Crockett Bend Drive, Purchase - FHA 36980957

Conroe, Texas 77303 493-7604423

5. 87 Charbonier, 16097 Lone Star Ranch Purchase - FHA 20242113

Harry Drive, Conroe, Texas 77302 493-7116700

6. 159 Freeman, Shannon 16333 Lone Corral Court, Purchase - FHA 20784718

Conroe, Texas 77302 493-6797387-796

7. 673 Gahan, James 16542 Leafy Meadow Drive, Purchase - FHA 3006104/286

Conroe, Texas 77302 493-6662032-703 2609

8. 323 Maggio, Peter 16287 Wild Oak Lane, Purchase - FHA

Conroe, Texas 77302 493-7243809-703

9. 935 Matthews, Grady 16585 Desert Star Drive, Refinance - FHA 20913355

Conroe, Texas 77302 493-6803368

10. 365 Miller, David 16520 Spring Rain Court, Purchase - FHA 20645715

Conroe, Texas 77302 493-7173221-796

11. 395 Neeb, Lexi 16267 Kanani Court, Purchase - FHA

Conroe, Texas 77302 493-7054337-796

12. 396 Newberry, 16319 Hill Country Drive, Purchase - FHA

Claudia Conroe, Texas 77302 493-7346047-796





Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 35 of 50

13. 399 Nolte, David 16281 Wild Oak Lane, Purchase - FHA 2668291

Conroe, Texas 77302 493-7113647-796

14. 712 Ortiz, Alexis 16593 Desert Star Court, Purchase - FHA

Conroe, Texas 77302 493-6796542796

15. 797 Ragus, Michael 19087 Ranch Crest Drive, Purchase - FHA

Magnolia, Texas 77355 493-7611125-703

16. 461 Rubin, Scott 16544 Desert Star Court, Purchase - FHA 20858783

Conroe, Texas 77302 493-6793799-796

17. 644 Trahan, Wilbert 16319 Wild Oak Lane, Purchase - FHA

Conroe, Texas 77302 493-7095165-703

18. 557 Watters, Rubbie 16322 Crockett Bend Drive, Refinance 20304604

Conroe, Texas 77303 Conventional

Uninsured

19. 566 Wheeler, Dana 16251 Wild Oak Lane, Purchase - FHA

Conroe, Texas 77302 493-7065877-703

20. 956 Wilkinson, Brian 16450 Kyle Reid Road, Purchase - FHA

Conroe, Texas 77302 493-7066939-796



H EverHome Mortgage



1. 625 Drake, Donald 16377 Crockett Bend Drive, Purchase –FHA

Conroe, Texas 77303 493-7513419-796 300036743-0

2. 2038 Dyer, Morris 31523 W. Timberloch Trail, Purchase - FHA 0

Magnolia, Texas 77355 2000379819

3. 213 Hebert, 16338 Crockett Crossing, Purchase

Christopher Conroe, Texas 77303

4. 730 Lake, Tammy 16347 Crockett Bend Drive, Purchase

Conroe, Texas 77303 2000361683

5. 723 Noll, Scott 167 Aquarius Court, Purchase – FHA

Conroe, Texas 77306 493-7579870-703 2003908

6. 810 McFarland, 31411 Ashlyn Timbers, Purchase

Frederick Magnolia, Texas 77355 200038629-2

7. 723 Noll, Scott 167 Aquarius Court, Purchase – FHA

Conroe, Texas 77306 493-7579870-703 2003908

8. 695 Ritter, Bobby 16381 Crockett Bend Drive, Purchase - FHA

Conroe, Texas 77303 493-7480861-796

9. 556 Washington, 34 Victoria Way, Huntsville, Purchase - FHA

Rodney Texas 77320 493-7516841 2000371334





I First Horizon Home Loan Corp.

1. 21 Bailey, Raymond 16449 Kyle Reid Road, Purchase - FHA 0028937886

Conroe, Texas 77302 493-7121825-796







Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 36 of 50

2. 18 Atkinson, Ronald 16388 Red Tail Hawk Court, Purchase - -FHA

Conroe, Texas 77302 493-6920385-796

3. 31 Barrera, Ernest 16362 Texas Star Court, Purchase - FHA 2763458

Conroe, Texas 77302 493-6974178-796

4. 67 Brumlow, 16279 Wrangler Avenue, Purchase - FHA 1951898

Kenneth Conroe, Texas 77302 493-6844044-796

5. 68 Buckley, Daniel 16366 Texas Star Court, Purchase - FHA 0027700137

Conroe, Texas 77302 493-6985640

6. 139 Duncan, Charles 16493 Hill Country Drive, Purchase - FHA 27063122

Conroe, Texas 77302 493-6866788

7. 685 Fisher, Keith 16553 Desert Star Court, Purchase - FHA 17885476

Conroe, Texas 77302 493-6830305

8. 191 Griffin, Julie 16370 Texas Star Court, Purchase 27790526

Conroe, Texas 77302 Conventional

Uninsured

9. 226 Hicks, Randy 16484 Hill Country Drive, Purchase - FHA 27104199

Conroe, Texas 77302 493-6877818-796

10. 281 Kean, Russell 16209 Wild Oak Lane, Purchase - FHA 0029212730

Conroe, Texas 77302 493-7153971-796

11. 283 Kellogg, Jeffery 16396 Red Tail Hawk Court, Purchase - FHA 0027175397

Conroe, Texas 77302 493-6893958-796

12. 312 Lewis, Kathy 16577 Desert Star Court, Purchase - FHA 0027063155

Conroe, Texas 77302 493-7203527

13. 315 Lopez, Jairo 16229 Sunny Morning Court, Purchase - FHA 002812462

Conroe, Texas 77302 493-7020336-796

14. 317 Loving, Rebecca 16323 Texas Star Drive, Purchase Not

Conroe, Texas 77302 Scanned

15. 333 Marshall, Rick 16586 Desert Star Drive, Purchase - FHA 17697434

Conroe, Texas 77302 493-6786171-796

16. 717 Martinez, Ramico 22 Cogan's Grove, Purchase - FHA

Huntsville, Texas 77320 493-1361986-703

17. 413 Parris, Kristi 16375 Texas Star Court, Purchase - FHA 27515311

Conroe, Texas 77302 493-6957315-796

18. 472 Sapsky, Samuel 16509 Misty Oak Court, Purchase - FHA 0029056603

Conroe, Texas 77302 493-7142825

19. 638 Sayles, Jeffery 16148 Lone Star Ranch Purchase - FHA 27532837

Drive, Conroe, Texas 77302 493-6958589-703

20. 488 Shook, Thomas 16589 Desert Star Court, Purchase - FHA 17749938

Conroe, Texas 77302 493-6800673-796

21. 508 Smothers, 16465 Hill Country Drive, Purchase - FHA 27192329

Amanda Conroe, Texas 77302 493-6862191-796

22. 514 Spruill, David 16287 Wrangler Avenue, Purchase - FHA 17861519

Conroe, Texas 77302 493-6817519-796

23. 517 Stanley, Lawrence 16315 Texas Star Court, Purchase - FHA 28033181

Conroe, Texas 77302 493-7011804-796





Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 37 of 50

J First Magnus Financial Corp.

61.



62. 150 Ewah, Francis 16267 Wild Oak Lane, Purchase - FHA

Conroe, Texas 77302 493-709179-796 5705002327

63. 297 Kyle, Shawn 16259 Kanani Court, Purchase - FHA

Conroe, Texas 77302 493-7115871 5705002578

64. 649 Thomas, Charles 16415 Tamra Court, Conroe, Purchase - FHA

Texas 77306 493-7642734-796 5735000712



K First National Acceptance Corp.

1. 65. 130 Dockum, Delbert 13907 Anchor Court, Purchase 0

Willis, Texas 77318

2. 66. 768 Ogans, Bobby 139 Pegasus Court, Purchase 0

Conroe, Texas 77306

3. 67. 703 Terry, Willie 4541 Grand Oaks Drive, Purchase 0

Willis, Texas 77378

4. 68. 565 Werner, Ronald 16458 Emerson Circle, Purchase 0

Conroe, Texas 77306



L First National Security

1. 16200 Lone Star Ranch Purchase Later

112 Crowe, Earl Drive, Conroe, Texas 77302 3003342

2. 16555 River Ranch Dr., Purchase - FHA 3005689/151

491 Singleton, Gary Conroe, Texas 77302 493-6630201-703 2373175



M Flagstar

1. 735 McDonald, Oran 4496 Grand oaks, Purchase

Willis, Texas 77378 Conventional 998081472

Uninsured



N General Motors Acceptance Corp.

1. 878 Fulgenzi, 16356 Lone Star Ranch Purchase

Margaret Drive, Conroe, Texas 77302 Conventional

Insured 060023533

2. 948 Inks, Brenda 16290 Lone Star Ranch Purchase FHA 293781671-

Drive, Conroe, Texas 77302 493-6574390-251 A84









Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 38 of 50

3. 594 Haberman, Mark 26006 Country Timber, Refinance

Magnolia, Texas 77355 Conventional T15602

Insured



O Greenpoint Mortgage

1. 676 Bachman, Lonnie 16491 Pisces Lane, Purchase 0080290992

Conroe, Texas 77306 Conventional

Uninsured

2. 77 Caldwell, Betty 16330 Crockett Bend Drive, Purchase 106303431

Conroe, Texas 77303 Conventional

Insured

3. 445 Riggar, Hazel 4518 Emerson Court, Purchase 80253081

Willis, Texas 77378 Conventional

Insured



P Homeside Lending

1. 496 Smith, Charles 4529 Grand Oaks Drive, Purchase - FHA

Willis, Texas 77378 493-6799517-703 4139



Q Irwin Mortgage

1. 560 Weitman, Phillip 16445 Kyle Reid Road, Purchase - FHA 570-

Conroe, Texas 77302 493-7116588-703 50022462





R Island Mortgage Network, Inc.

1. 79 Caldwell, 16327 Lone Star Ranch Purchase - FHA

Christopher Drive, Conroe, Texas 77302 493-6501863-703 1789217



S James B. Nutter, Inc.

1. 60 Brewer, Peter 16323 Wild Oak Lane, Purchase - FHA

Conroe, Texas 77302 493-7126533-796 5705002703

2. 126 DeLeon, Michael 16549 Desert Star Court, Purchase - FHA

Conroe, Texas 77302 493-7340050-703

3. 623 Gordon, Greg 16351 Lone Star Ranch Purchase FHA

Drive, Conroe, Texas 77302 493-7362981-729

203B-751 566243

4. 235 Hogg, Michael 16218 Lone Star Ranch Purchase - FHA

Drive, Conroe, Texas 77302 493-6531987









Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 39 of 50

5. 351 McKee, James 16213 Wild Oak Lane, Purchase - FHA

Conroe, Texas 77302 493-7139458-703 295159

6. 409 Owens, Jerry 16260 Wrangler Avenue, Purchase - FHA

Conroe, Texas 77302 493-6941078-703 3006260

7. 432 Ramos, Jose 16252 Wrangler Avenue, Purchase - FHA

Conroe, Texas 77302 493-6706097 3006337



T Judith O. Smith Mortgage Group, Inc.

1. 782 Parker, Thomas 33163 McKinley Circle, Purchase Not

Magnolia, Texas 77354 Scanned 21052834

U Matrix Financial

1. 484 Selfridge, Valerie 27028 Sonora Trial, Purchase - FHA

Magnolia, Texas 77355 493-7236186-703 2692470



V Midfirst Mortgage

1. 680 Abke, Darrell 16265 Lone Star Ranch Purchase - FHA

Drive, Conroe, Texas 77302 493-6396336

2. 47 Bird, Jason 16574 Desert Star Court, Purchase - FHA

Conroe, Texas 77302 493-6785763-796 1040R

3. 69 Burk, Michael 16380 Red Tail Hawk Court, Purchase - FHA

Conroe, Texas 77302 493-6903188 48850896



W MIT Lending

1. 43 Berry, Steven 16309 Wild Oak Lane, Purchase - FHA

Conroe, Texas 77302 493-7094295-796 T14784



X Mortgage Edge Corporation

1. 50 Booth, Spencer 16246 Lone Star Ranch Purchase - FHA 2934324A-

Drive, Conroe, Texas 77302 493-6499198 84

2. 140 Duncan, Jan 16318 Lone Star Ranch Purchase - FHA

Drive, Conroe, Texas 77302 493-6580554







Y Net Bank – EverHome Mortgage Company

1. 54 Bowie, Richard 5 Jacob Street, Huntsville, Purchase - FHA

Texas 77320 493-7345318 2000279806

2. 728 Bryan, Andre 33167 McKinley Circle Purchase – FHA

Magnolia, Texas 77355 493-7411174-703





Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 40 of 50

3. 143 Eisenberg, Gayle 31506 West Timberloch Purchase - FHA

Trail, Magnolia, Texas 77355 493-7319919-703 2000269056

4. 656 Gilmore, Daurece 16483 Pisces Lane, Conroe, Purchase - FHA

Texas 77306 493-7321392-703 2000382461

5. 730 Lake, Tammy 16347 Crockett Bend Drive, Purchase

Conroe, Texas 77303 2000361683

6. 724 Lopez, Thelma 7006 Forest Meadow, Purchase - FHA

Magnolia, Texas 77354 493-7381344-796

7. 657 Reyes, Fernando 16343 Crockett Bend Drive, Purchase - FHA

Conroe, Texas 77306 493-7543672 2000382461

8. 726 Styers, Keith 16211 Kelcey Circle, Purchase

Magnolia, Texas 77355

9. 2001 Trzcinski, Tyler 31434 Ashlyn Timbers Purchase – FHA

Magnolia, Texas 77355 493-7433992-703



Z New Freedom Mortgage

1. 372 Mohr, Scott 16193 Western Echo, Purchase – FHA

Conroe, Texas 77302 493-7408004-729 3005932

2. 425 Polka, Mark 16468 Hill Country Drive, Purchase - FHA

Conroe, Texas 77302 493-6839992-796







AA Principal Residential Mortgage

1. 28 Barnes, Jeremy 177 County Road 2803, Refinance

Cleveland, Texas 77327 Conventional

Uninsured 6155770-8

2. 740 Manzi, Jason 16317 Lone Corral Court, Purchase

Conroe, Texas 77302 1640366-9

3. 959 Perez, Alicia 16553 Emerson Circle, Refinance

Conroe, Texas 77306 Conventional

Uninsured 6159854-6



BB Source Financial

1. 423 Pierce, Sarah 16291 Lone Star Ranch Purchase - FHA

Drive, Conroe, Texas 77302 493-6426704 702244515



CC U.S. Bank

1. 2020 Fayard, Oretha 33139 McKinley Circle, Purchase - FHA

Magnolia, Texas 77354 493-7574170 7810361037









Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 41 of 50

2. 165 Galvan, Cheryl 16427 Tamra Court, Conroe, Purchase - FHA

Texas 77306 493-7580550 7810362253

3. 259 Ivey, Robert 179 Crockett Martin Road, Purchase - FHA

Conroe, Texas 77303 493-7566571-703

4. 2033 Young, Michelle 33116 Wedgewood Drive, Purchase - FHA

Magnolia, Texas 77354 493-7370210-796



DD Synergy

1. 2013 Koopman, Jason 16410 Evergreen Timbers, Purchase - FHA

Magnolia, Texas 77355 493-7193567 108381



EE Washington Mutual

1. 53 Bowen, Gina 16193 Sunny Morning Court, Purchase - FHA

5019191826

Conroe, Texas 77302 493-7017389-703

2. 753 Brookshire, Mary 150 Aquarius, Conroe, Texas Purchase

Louise 77306

3. 65 Brown, Kendra 19 Cogans Grove, Huntsville, Purchase

Texas 77320 Conventional

Uninsured

4. 596 Buchanan, Frank 26 Jacob Street, Huntsville, Purchase - FHA

60725653

Texas 77320 493-7377514-703

5. 85 Carter, Reginald 18 Victoria Way, Huntsville, Purchase - FHA

Texas 77340 493-7287641-796

6. 137 Drennan, Temple 16101 Lone Star Ranch Purchase - FHA

Drive, Conroe, Texas 77302 93-704-3094-703

7. 266 Johnson, Florine 4477 Grand Oaks Drive, Refinance

Willis, Texas 77378 Conventional 17613142

Uninsured

8. 294 Knight, Lorie 16301 Wild Oak Lane, Purchase - FHA

Conroe, Texas 77302 493-715403-796

9. 386 Moten, Roy 9 Jacob Street, Huntsville, Purchase - FHA

Texas 77320 493-7284464-703

10. 699 Parker, Willie 9 McFadden Road, Purchase

Huntsville, Texas 77320 Conventional

Uninsured

11. 466 Rutledge, Mandy 33181 Wedgewood Drive, Refinance

Magnolia, Texas 77354 Conventional

Uninsured

12. 2015 Watson, Willie 33188 Wedgewood Drive, Purchase - FHA

606985802

Magnolia, Texas 77354 493-7349700-703



FF Wells Fargo



Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 42 of 50

1. 701 Aaron, Timothy 163 Crockett Martin Road, Purchase - FHA

Conroe, Texas 77303 493-7697093

2. 684 Adams, Vinn 31340 Ashlyn Timbers, Purchase - FHA 189201

Magnolia, Texas 77355 493-7426825 346

3. 750 Andre, Rhonda 19171 Ranch Crest Drive, Purchase - FHA

5183159268

Magnolia, Texas 77355 493-7257868-796

4. 907 Andrews, Stephen 16505 Leafy Meadow Drive, Purchase - FHA

0184130706

Conroe, Texas 77302 493-6681442-796

5. 752 Baines, Charles 19060 Ranch Crest Drive, Purchase - FHA

Magnolia, Texas 77355 493-7700679-796

6. 598 Jankowski, Nancy 16276 Wrangler Avenue, Purchase - FHA

Conroe, Texas 77302 493-6755501

7. 2019 Bonds, Mark 5411 Denny Road, Spring, Purchase - FHA

981920638

Texas 77389 493-7192766

8. 2006 Brown, Victor 31410 Timberloch Trail, Purchase - FHA

Magnolia, Texas 77355 493-7712575-703

9. 700 Carmical, Arthur 16373 Red Tail Hawk Court, Purchase - FHA

Conroe, Texas 77302 493-6937855-796

10. 757 Cherry, Curtis 16449 Pisces Lane, Conroe, Purchase - FHA

Texas 77306 493-7641780

11. 98 Cole, James 310 Raven Terrace, Huntsville, Purchase - FHA

Texas 77320 493-7301011

12. 759 Collins, Arto 31422 E. Timberloch Trail, Purchase

192295522

Magnolia, Texas 77355

13. 3004 Cook, Kyle 31619 Bryan Street, Magnolia, Purchase - FHA

190978155

Texas 77355 493-7592355-703

14. 696 Cooper, David 16311 Crockett Crossing, Purchase - FHA

184036472

Conroe, Texas 77303 493-7306146-703

15. 737 Corneluis, Cheryl 16275 Wrangler Avenue, Purchase

Conroe, Texas 77302

16. 761 Couch, James 16415 Trenda Court, Conroe, Purchase - FHA

Texas 77306 493-7710676-703

17. 108 Covington, 16210 Sunny Morning Court, Purchase - FHA

4213983

Johnny Conroe, Texas 77302 493-6984668

18. 3001 Cummins-Lucas, 155 Crockett Martin Road, Purchase - FHA

196462865

Diane Conroe, Texas 77303 493-7929152

19. 2007 Fowler, Kay 31414 Timberloch Trail, Purchase - FHA

194678363

Magnolia, Texas 77355 493-7840224-796

20. 766 Gabriel, Mark 16471 Pisces Lane, Purchase - FHA

Van Conroe, Texas 77306 493-7755564

21. 640 Galindez, James 16342 Crockett Crossing, Purchase - FHA

Conroe, Texas 77303 493-7266369

22. 668 Garrett, Timothy 42 Victoria Way, Huntsville, Purchase - FHA

Texas 77320 493-7600372-703





Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 43 of 50

23. 188 Greene, Damond 16131 Lone Star Ranch Drive, Purchase - FHA

9376157

Conroe, Texas 77302 493-7039985-703

24. 777 Gurney, Mark 31502 E. Timberloch Trail, Purchase - FHA

Magnolia, Texas 77355 493-7689515

25. 212 Heatherly, Ray 16406 Trenda Court, Conroe Purchase - FHA

77306 493-7364355-703

26. 215 Helyes, Lawrence 16524 Bunny Hill Court, Purchase - FHA

4720962802

Conroe, Texas 77302 493-6741943-796

27. 222 Hernandez, Dalia 16523 Bunny Hill Court, Purchase - FHA

186043113

Conroe, Texas 77302 493-6733839-796

28. 795 Hestand, Randy 31426 E. Timberloch Trail, Purchase - FHA

192623536

Magnolia, Texas 77355 493-7708528

29. 933 Hicks, Steve 16582 Desert Star Drive, Purchase

Conroe, Texas 77302

30. 891 Hines, Beverly 16453 Kyle Reid Court, Purchase - FHA

Conroe, Texas 77302 493-7128767-796

31. 2025 Holt, Timothy 31526 Bryan Street, Magnolia, Purchase - FHA

195150818

Texas 77355 493-7836572

32. 796 Hosford, Marvin 16202 Oak Lace Lane, Purchase - FHA

192057958

Magnolia, Texas 77355 493-7681575-703

33. 251 Hughes, Kenneth 9639 Cypress Drive, Willis, Purchase

Texas 77318 Conventional

Uninsured

34. 260 Jackson, Jeffery 31507 West Timberloch Trail, Purchase - FHA

185066305

Magnolia, Texas 77355 493-7351185-796

35. 662 Jameson, Lloyd 167 Crockett Martin Road, Purchase – FHA

Conroe, Texas 77303 493-7700685-703 192376903



36. 2016 Jayroe, Joshua 31430 Timberloch Trail, Purchase - FHA

191884610

Magnolia, Texas 77355 493-7666021

37. 3002 Jeffers, Howard 16203 Evergreen Timbers, Purchase - FHA 70801920864

Magnolia, Texas 77355 493-7402625 78



38. 2026 Jennings, Joshua 31510 E. Timberloch Trail, Purchase - FHA

195706411

Magnolia, Texas 77355 493-7834230-703

39. 679 Johnson, Jarrod 5 Bluebird Drive, Huntsville, Purchase - FHA

182298208

Texas 77320 493-7194851-796

40. 791 Johnson, Misty 31426 Ashlyn Timbers, Purchase – FHA

191669514

Magnolia, Texas 77355 493-1654023-703

41. 2027 Jones, Goldie 4 Victoria Way, Huntsville, Purchase - FHA

19193656

Texas 77320 493-7619123

42. 890 Kopinak, Kristina 16210 Evergreen Timbers, Purchase FHA

193908829

Magnolia, Texas 77355

43. 303 Larsen, Jason 16335 Texas Star Court, Purchase - FHA

191150226

Conroe, Texas 77302 493-7014484-796







Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 44 of 50

44. 2029 Liles, William 31435 Ashlyn Timbers, Purchase - FHA

194218268

Magnolia, Texas 77355 493-7831660-703

45. 779 Macias, Erick 16214 Kelcey Circle, Magnolia, Purchase - FHA

191504406

Texas 77355 493-7647101-796

46. 659 Maddux, Michael 16247 Daisy View Court, Purchase - FHA

506657

Conroe, Texas 77302 493-7121180-703

47. 789 Madison, Lorene 31406 E. Timberloch Trail, Purchase - FHA

Magnolia, Texas 77355 493-7762303-796

48. 342 McCollum, Chad 16359 Crockett Crossing, Purchase - FHA

182019133

Conroe, Texas 77303 493-7198183-796

49. 375 Montgomery, 16343 Crockett Crossing, Purchase - FHA

185228384

Mary Conroe, Texas 77306 493-7261472-796

50. 720 Myers, Sam 158 Aquarius Court, Conroe, Purchase - FHA

Texas 77306 493-7824790-703

51. 960 O'Neil, Ronnie 33203 Wedgewood Drive, Purchase - FHA

183778034

Magnolia, Texas 77354 493-7280196-703

52. 406 Oualline, Jimmie 38 Victoria Way, Huntsville, Purchase - FHA

182092007

Texas 77320 493-7198121-796

53. 790 Palmer, Raymond 31418 E. Timberloch Trail, Purchase

Magnolia, Texas 77355

54. 414 Payette, Robert 16232 Lone Star Ranch Drive, Purchase - FHA

3004309

Conroe, Texas 77302 493-6590959-703

55. 697 Pope, Roadell 126 Carmen Blvd, Conroe, Purchase - FHA

191936822

Texas 77306 493-7597930-703

56. 807 Popp, Michael 16419 Tamra Court, Conroe, Purchase Not

194550281

Texas 77306 Scanned

57. 426 Porter, James 16546 Leafy Meadow Drive, Purchase - FHA

3006135

Conroe, Texas 77302 493-6636811-703

58. 429 Price, Tony 33177 Wedgewood Drive, Refinance - FHA

Magnolia, Texas 77354 493-7207608-796

59. 431 Proske, Chris 16461 Hill Country Drive, Purchase - FHA

Conroe, Texas 77302 493-6875902-796

60. 706 Psencik, Ronald 27 Jacob Street, Huntsville, Purchase - FHA

191760263

Texas 77320 493-7653527-703

61. 3007 Purnhagen, 16215 Evergreen Timbers, Purchase - FHA

192567089

Arthur Magnolia, Texas 77355 493-7708302-703

62. 609 Quintanilla, 16430 Trenda Court, Conroe, Purchase - FHA

Mario Texas 77306 493-7729847-796

63. 705 Ramsey, Carl 146 Carmen Blvd, Conroe, Purchase - FHA

4937657020

Texas 77306 493-7465365-703

64. 958 Rials, Jerome 154 Aquarius Road, Conroe, Purchase - FHA

Texas 77306 493-7812984-703

65. 444 Riendeau, 2 Victoria Way, Huntsville, Purchase - FHA

181934878

Patricia Texas 77340 493-7199516-796







Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 45 of 50

66. 449 Roberts, James 16327 Crockett Bend Drive, Purchase - FHA

188667667

Conroe, Texas 77303 493-7479052-703

67. 710 Rumbaugh, J.C. 16597 Emerson Circle, Conroe, Purchase - FHA

Texas 77306 493-7809814-703

68. 774 Rummage, 19154 Ranch Crest Drive, Refinance

Margaret Magnolia, Texas 77355 Conventional 9864737

Uninsured

69. 473 Scarborough, 16475 Brittany Way, Conroe, Purchase - FHA

183785377

Donald Texas 77306 493-7194924-703

70. 474 Schaeffer, 9518 Live Oak Trail, Willis, Purchase - FHA

183782788

Michelle Texas 77318 493-7260358-703

71. 607 Shellenberger, 16479 Taurus Court, Conroe, Purchase - FHA

Michelle Texas 77306 493-7315611-796

72. 506 Smith, Steven 16423 Trenda Court, Conroe, Purchase - FHA

Texas 77306 493-7627086-703

73. 509 Smyth, Steven 16277 Wild Oak Lane, Conroe, Purchase

Texas 77302

74. 515 Staggs, Walter 16285 Lone Star Ranch Drive, Purchase

2962068

Conroe, Texas 77302

75. 806 Steel, Michael 16288 Wrangler Avenue, Refinance - FHA

Conroe, Texas 77302 493-7634586-703

76. 746 Stoehr, Thomas 16547 Leafy Meadow Drive, Purchase - FHA

Conroe, Texas 77302 493-665-2531-703



77. 809 Sweat, Antoinette 23 Victoria Way, Huntsville, Purchase - FHA

193411584

Texas 77340 493-7711318-703

78. 532 Tolan, Mary Jo 9537 Maple Ridge , Purchase - FHA

183160555

Willis, Texas 77318 493-7264873-796

79. 547 Vick, John 16569 Desert Star Court, Purchase - FHA

Conroe, Texas 77302 493-6820627-796

80. 549 Walczak, Kelly 16092 Lone Star Ranch Drive, Purchase - FHA

Conroe, Texas 77302 493-7018588-703

81. 2018 Waller, Ronald 16422 Tamra Court, Conroe, Purchase - FHA

194408696

Texas 77306 493-7821430-703

82. 580 Wilson, Mathew 16250 Daisy View Court, Purchase - FHA

Conroe, Texas 77302 493-7152425-796

83. 581 Wind, Dustin 16359 Texas Star Court, Purchase - FHA

Conroe, Texas 77302 493-6960553-796

84. 585 Woodfork, Henry 16331 Crockett Bend Drive, Purchase - FHA 70801910763

Conroe, Texas 77303 493-7596583-703

85. 592 Yuengel, Anthony 178 Carmen Blvd, Purchase

Conroe, Texas 77306 Conventional 24292740

Uninsured









Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 46 of 50

ECONOMIC AND ACTUAL DAMAGES



173. Plaintiff Consumers sustained the following economic and actual damages as a result of

the actions and/or omissions of Defendants described hereinabove:





A. Out-of-pocket expenses,





i. Loss of credit and damage to credit reputation.





ii. Overpayment of principal and interest, hazard insurance escrows, real

property tax escrows, mortgage protection insurance paid that exceeded

the fair market value.



iii. Repairs made or required to be made by Plaintiff Consumers to subject

property that can be traced to the installation of an unapproved and

inadequate foundation that can be traced to the installation of an

unapproved and inadequate foundation.



iv. Improvements made or required to be made by Plaintiff Consumers to

subject property.

B. Loss of the "benefit of the bargain."

C. Diminished or reduced market value.

D. Value of Converted Personal Property.



174. The Plaintiff Consumers specifically allege they sustained damages and these

damages are within the jurisdiction of this Court.







EQUITABLE RELIEF







Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 47 of 50

175. The Plaintiff Consumers request that the Negotiable Instruments executed by

Plaintiff Consumer be declared unenforceable, null, and void. The Plaintiff Consumers request

to be returned to a status quo ante in conjunction reimbursement of actual (out of pocket)

damages, punitive damages, costs of suit, and reasonable attorneys’ fees, within the jurisdictional

limits of this Court.



ATTORNEY'S FEES



176. Request is made for all costs and reasonable and necessary attorney's fees incurred by or

on behalf of Plaintiff Consumers herein, including all fees and costs necessary in the event of an

appeal of this cause to the Court of Appeals and the Supreme Court of Texas, as the Court deems

equitable and just, as provided by: (a) Section 17.50(d) of the Texas Business and Commerce

Code; (b) common law; and (c) the Texas Tort Claims Act, such funds computed to be in the

amount of $586,090.61, as of April 30, 2008, not including fees necessary in the event of an

appeal to the Court of Appeals and/or Court of Appeals and Supreme Court,

177. Attorneys also claim on their own behalf attorneys’ fees that should have been paid as a

result of ABN AMRO’s breach of contract, in addition to the attorney’s fees made known in

paragraph 114, above. Attorney asserts these claims are within the jurisdiction of this Court.



TRIAL BY JURY



178. The Plaintiff Consumers hereby demand a jury trial and have paid the jury fee.



RESERVATION OF RIGHT TO AMEND AND TO ELECT REMEDY



179. The Plaintiff Consumers reserve their right to amend this Petition and/or elect

remedy in accordance with the Texas Rules of Civil Procedure and Orders of the Court.



PRAYER



WHEREFORE, PREMISES CONSIDERED, Plaintiff Consumers, APRIL

UNDERWOOD and all of the above named Plaintiff Consumers respectfully pray that the

Defendants be cited to appear and answer herein, and that upon a final hearing of the cause,





Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 48 of 50

judgment be entered for the Plaintiff Consumers against Defendants for the economic and actual

damages requested hereinabove in an amount in excess of the minimum jurisdictional limits of

the Court, together with prejudgment and postjudgment interest at the maximum rate allowed by

law, consequential damages, attorney's fees, costs of court, and such other and further relief to

which the Plaintiff Consumers may be entitled at law or in equity, whether pled or un-pled.





Respectfully submitted





/s/William H. Piper

William H. Piper

State Bar Number 24011497

Munoz & Piper

804 West Dallas Street, Suite 8

Conroe, Texas 77301

Tel 936 756 3030

Fax 832-442-3333

whpiper@piperlaw.org

Attorney for Plaintiff Consumers









Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 49 of 50

CERTIFICATE OF SERVICE



I, the undersigned, do hereby certify that a true and correct copy of the above 21st Amended

Original Petition was served on all parties of record by Lexis File & Serve, pursuant to the E-

filing order of the Court, on November 28, 2008.





/s/William H. Piper

William H. Piper









Twenty-Second Amended Original Petition

Emerson Homebuyers Association, et al v. Emerson Manufactured Homes, et al

Page 50 of 50