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IN THE DISTRICT COURT - William H. Piper_ Esq

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					                                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

				
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