CAUSE NO. 352-247451-10 TERRY FLEENOR AND STEPHANIE FLEENOR V. AMERICAN HOME MORTGAGE SERVICING, INC.

IN THE DISTRICT COURT TARRANT COUNTY, TEXAS 352nd JUDICIAL DISTRICT

PLAINTIFFS ORIGINAL PETITION NOW COME Terry Fleenor and Stephanie Fleenor, Plaintiff and file this Original Petition, complaining of American Home Mortgage Servicing, Inc., Defendants and would respectfully show unto the Court as follows: NATURE OF THE CASE 1. This is a suit for damages for deceptive trade practices, and for breach of

an agreement, in connection with a mortgage loan modification. SUMMARY OF PLAINTIFFS CONTENTIONS 2. On about June 19, 2009, Plaintiffs entered into a loan modification During the

agreement with Defendant, American Home Mortgage Servicing, Inc.

negotiations about the Agreement, Plaintiffs informed Defendant that Plaintiffs had paid the property taxes that were due, by entering into a loan agreement with a company which agreed to loan the money for that purpose. PARTIES AND SERVICE 4. County Texas. 5. Defendant American Home Mortgage Servicing, Inc. is a corporation, and Plaintiffs Terry Fleenor and Stephanie Fleenor, are residents of Tarrant

may be served through its registered agent:

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American Home Mortgage Servicing, Inc. Through Its Registered Agent: CT Corporation System 350 N. St. Paul Dallas, TX 75201 by Certified Mail, Return Receipt Requested. DISCOVERY 6. Plaintiffs designate that discovery be conducted at Level 3, Texas Rules of

Civil Procedure. JURISDICTION AND VENUE 7. The State of Texas has jurisdiction over the parties because this suit is a

dispute over real property which is located in Tarrant County, 8. Venue is appropriate in Tarrant County because the loan in question

originated in Tarrant County, and the subject property is in Tarrant County, Texas. FACTS 9. On or about February 23, 2004, Plaintiffs signed a mortgage loan

agreement with Prime Lending for the home located at 608 Ragweed, Arlington, Texas. 10. On or about April 15, 2009, Plaintiffs borrowed money from Tax Loans

USA, LLC for the purpose of paying property taxes. 11. On or about July 1, 2009, Plaintiffs entered into a loan modification

agreement with Defendant, American Home Mortgage Servicing, Inc. 12. Plaintiffs informed Defendant that the property taxes had been paid and

the escrow funds should be re-allocated in accordance with applicable law. 13. Defendant failed and refused to re-allocate such funds.

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14.

As a result of Defendants failure and refusal to re-allocate the funds a,

Plaintiffs were forced to pay loans for taxes to Tax Loans USA, LLC. 15. As a proximate result of this double billing for taxes, Plaintiffs faced

financial difficulty and were forced to file for bankruptcy which they did on April 4, 2010. CAUSE OF ACTION: DECEPTIVE TRADE PRACTICES ACT 16. Defendant has engaged in deceptive trade practices in that they have failed

and refused to properly allocate Plaintiffs escrow funds and withhold from Plaintiffs escrow funds for property taxes, when in fact, property taxes had been paid. 17. Plaintiffs are consumers under the Texas Deceptive Trade Practices Act

because Plaintiffs are individuals residing in the State of Texas who sought services offered by Defendants doing business in the State of Texas. 18. Defendants violated the Texas Deceptive Trade Practices Act because

Defendant engaged in false, misleading, or deceptive acts or practices that Plaintiffs relied on to their detriment. TREBLE DAMAGES 19. Because Defendant and its agents acted knowingly, Plaintiffs are entitled

to recover treble damages under the Texas Deceptive Trade Practices Act, Texas Business & Commerce Code section 17.50(b)(1). 20. Defendants conduct was a producing cause of mental anguish suffered by

Plaintiffs for which Plaintiffs are entitled to recover damages. Defendants conduct was committed knowingly. At the time of the act and practices complained of, Defendant had

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actual awareness of the falsity, deception, or unfairness of the acts or practices giving rise to Plaintiffs claim. 21. Plaintiff seeks unliquidated damages in an amount that is within the

jurisdictional limits of the Court. ATTORNEYS FEES 22. Plaintiffs are entitled to recover reasonable and necessary attorney fees

under Texas Business & Commerce Code section 17.50(d). REQUEST FOR DISCLOSURE 23. Pursuant to Texas Rule of Civil Procedure 194, Defendant is requested to

disclose no later than thirty (30) days from receipt these matters contained within Rule 194.2 (a) through (l). PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff prays for damages against Defendant, for general relief, for pre-judgment interest, for post-judgment interest, and for such other and further relief as they may show themselves to be entitled.

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