This is EXACTLY what happens when you provide your financial information to a debt collection company, or a loan servicing company such as Concord Servicing. America, we used to be in the debt collection business, and you are very lucky that Mr. Brown is providing this to you. If you owe money to Tahiti Resorts or Consolidated Resorts or any of their scam companies, You Are An IDIOT to pay them. This is what companies like Concord Servicing can expect to happen Each and Every time that they try to run checks against your bank account that you did not authorize. I will be testifying before Congress on this matter.
FREDERICK BROWN § IN THE DISTRICT COURT
The ASNY Company LLC et al. §
§ _______ JUDICIAL DISTRICT
PLAINTIFF’SORIGINAL PETITION PURSUANT TO TEXAS DECEPTIVE TRADE PRACTICES ACT, TEXAS THEFT ACT , FRAUD,BREACH OF CONTRACT, AND IDENTITY THEFT _____________________________________________________________________________
TO THE HONORABLE JUDGE OF SAID COURT:
This suit is brought by Frederick Brown, Plaintiff, pursuant to the Texas Deceptive Trade Practices Act, Texas Theft Act, Breach of Contract, Fraud, Identity Theft and Texas Long Arm Statute jointly and severally respectfully.
A. Discovery Control Plan
Plaintiff intends to conduct discovery under Level 2 of Texas Rule of Civil Procedure 190.3 because this suit involves only monetary relief aggregating more than $250,000.00, excluding court cost and prejudgment interest.
Plaintiff is Frederick Brown owner,
Defendants are the following: Chicago Title Company office located at 316 West Mission Avenue, Suite 123, Escondido, CA 92025-1731 and my be served by serving its registered agent Jeanette Haines, Soleil Lv. LLC /or assignee, new owner, The ASNY Company LLC, 801 Rampart Blvd, #200, Las Vegas, Nevada 89145, by serving its registered agent, Glen T Stockton and Concord Servicing Corporation, 4725 North Scottsdale Road Suite 300, Scottsdale, AZ 85251 by serving it registered agent Concord Servicing Corporation. The Plaintiff reserves the right to add additional Parties after discovery is conducted.
C. Jurisdiction & Venue
The Court has subject matter jurisdiction pursuant to the Texas Long-Arm Statute (see U-Anchor Adver, Inc v Burt, 553 S.W.23d760 (1977) and (Ring Power Sys v Int’l DeComercio, 39 S.W.3d 350(
Venue is proper in
D. Background Facts
On or about
E. Count 1 DTPA
Plaintiff is a consumer under the Texas Deceptive Trade Practices Act, and payments for the timeshare was withdrawn from Plaintiff’s bank account in the state of
Defendants’ conduct was the producing cause of injuries to Plaintiff’s reputation and his good name, and the lost of assets totaling approximately One Hundred and Sixty Thousand dollars ($160,000.00) (
F Treble Damages
Because defendant acted knowingly intentionally, plaintiff is entitled to recover treble damages under the Texas Deceptive Trade Practices Act, Texas Business & Commerce Code section 17.50(b)(1).
G. Count 2 Fraud
Plaintiff alleges that each and every one of the representations set forth in the proceeding paragraphs concerned material facts, which are the reasons that plaintiff has had to file this suit concerning the purchased of the timeshare in Las Vegas. Plaintiff further alleges that defendants knew or should have known that the representations were false at the time they were made, and were malicious, and were made to defraud Plaintiff. The fraudulent creation of substitute checks use to withdraw funds from Plaintiff’s bank accounts in the State of
H. Count 3 Breach of Contract
Defendant breached the contract by taking unauthorized mortgage payments for several months at the being of the contract period, and then continued this behavior by taking funds from Plaintiff’s personal bank account without authorization by creating checks to be drawn on a Texas Bank. This illegal behavior makes it impossible for Plaintiff to continue business association with ASNY LLC et al. because of the material breach of contract and deceptive trade practices of the Defendants. Plaintiff seeks liquidated damages in the amount of at least $18,900.00, attorney’s fees and cost of this suit.
The defendant materiality breached the contract, by substituting an inferior unit for the unit that Plaintiff purchased in 2005 that is the basis of the contract. The plaintiff is allowed to recover damages for all foreseeable injuries and obtain equitable remedies, such as a minimum rescission. See Kaiser v Northwest Shopping Ctr. 587 S.W.2d 454, 457 (Tex. App. Dallas 1979 writ ref’d n.r.e).
I Count 4.
Defendant committed theft of Plaintiff fund by creating substitute checks (see Exhibits A, B, C) and presenting those checks to Plaintiff’s bank for payment. Defendant placed Plaintiff bank routing number and account number on these substitute checks without authorization, in violation of the Texas Theft Liability Act. The bank that the funds were drawn has settled with Plaintiff proving that the action by the Defendants, The ASNY Company LLC et al, was an illegal act and violated the Texas Theft Liability Act. The Plaintiff suffered actual damages in an amount to cover the lost of a residence and defamation or $250,000.00. The illegal substitute checks which caused the Plaintiff to overdraw his personal account , which in turn caused the Plaintiff to have his personal checks dishonored by the his bank for legal debts. Subsequently Plaintiff’s condominium was foreclosed which cost the Plaintiff an additional damage for lost of $32,000.00.
J Count 5 Identity Theft Enforcement and Protection Act
The Defendants invaded the plaintiff privacy by using the Plaintiff personal data to perpetrate fraud, and theft of the Plaintiff personal funds from a Texas bank account. This was accomplished by creating unauthorized substitute checks and using those checks for the purpose of withdrawing funds from the Plaintiff’s Texas Bank Account. The Defendants knowingly and intentionally took this funds using information that was from the Plaintiff’s personal checking account after Plaintiff paid the mortgage payments with his personal checks. As a result of these actions Plaintiff has suffered the following injuries lost of residence, lost of banking accounts, lost of money in the bank accounts of $6,000.00 or more and other cost within the jurisdictional limits of the court.
K. Conditions Precedent
All conditions precedent has been performed or has occurred.
L. Demand for Jury
Plaintiff demands a jury trial and tenders the appropriate fee with this petition.
The defendants ASNY LLC et al committed Deceptive Trade Practice in violation of the Texas Deceptive Trade Practice Act, Fraud, Theft in violation of the Texas Theft Act, Breach of Contract, and ID Theft, knowingly and intentionally to deprive Plaintiff from the quite enjoyment of Plaintiff’s timeshare unit( unit 224) and personal damages.
For these reasons, Plaintiff asks that Defendants be cited to appear and answer and, on final trial, the Plaintiff has judgment against Defendant for:
a. Actual damages
b. Damages to credit reputation in the past and future
c. Out-of –pocket expenses
d. Lost of benefit-of-the real property
e. Recession of the contract
f. Specific performance
g. Mental anguish damages
h. Treble damages.
i. Prejudgment and post judgment interests
j. Special damages
k. Attorney fees
l. All other relief, in law and in equity, to which plaintiff may be entitled.
(214) 227-5367 begin_of_the_skype_highlighting (214) 227-5367 end_of_the_skype_highlighting begin_of_the_skype_highlighting (214) 227-5367 end_of_the_skype_highlighting; Fax (214) 227-5329
1. Unauthorized Substitute Check A
2. Unauthorized Substitute Check B
3. Unauthorized Substitute Check C
4. Sales Deed D
5. Statutory Letter E
6. Unsigned Check Authorization F