This is a David and Goliath case. This is a breach of contract, common law fraud, and civil theft, fraudulent lien case brought in District Court in Texas. The claims against the defendants arise out of the contracts and tort.
The defendants are Deutsche Bank and Arklatex Benchmark Mortgage who is ranked 51st largest mortgage loan originator. Arklatex ’s annual turnover is $250,000,00m USD. The basis of the claim is defendants perpetuating and engaging in an illegal course of fraudulent conduct by failing to comply with the terms of the deed of trust and notes. Defendant Mortgagee Arklatex sold its interest in the property and did not release that interest under the terms of the deed of trust. This defendant has made a judicial admission that it did not release its lien. This 100% clear and 100% recovery of all attorney’s fees and damages in this case for breach of contract. Defendant Deutsche did not have an interest in the property. Defendant fraudulently foreclosed on the property assigning a lien to itself. We have an injunction to stop defendants from filing the liens which it violated. We have a finding that the liens are fraudulent. We have motions before the court in August of 2016 to set a show cause hearing for October. Defendants Deutsche maintained dominion over the property using the fraudulent assignments. Demand was made and defendant refused to release. Under Penal Code § 32.46— this act shows intent to defraud and harm. This violates the TXCPRC 12.002 and the DTPA. b. A person may not make, present, or use a document or other record with: i. Knowledge that the document or other record is a fraudulent Court record or a fraudulent lien or claim against real or personal property or an interest in real or personal property;
ii. intent that the document or other record be given the same legal effect as a Court record or document of a Court created by or established under the constitution or laws of this state or the United States or another entity listed in Section 37.01, Penal Code, The defendants sought to cover up these failures through forgery of documents and fraud by concealment.
The damage claims center on loss of employment earnings, hurricane damages, maintenance costs and loss of sales on the property. Several claims include potential criminal violations for fraudulent liens and fraudulent misrepresentation, busting the damage caps for exemplary damages.
This is a documents case containing extensive documentary evidence in support of the Plaintiffs claims. The statute of limitations to collect on the notes by the defendants expired in 2011. There are no counterclaims. The breach of contract and wrongful foreclosure is set for no evidence summary judgment in October/Nov 2016. We intend to continue to file no evidence summary judgments and set a trial for damages once these are complete.
Legal team includes:
35 year experienced trial lawyer and former federal prosecutor, former in house trial counsel for Federal Express, former Navy trial lawyer, experienced in complex civil and criminal litigation, including commercial, intellectual property and employment litigation as well as civil and criminal racketeering, fraud, tax fraud and insider trading. Counsel has expertise in trying ,winning and settling this type of case.
Co-counsel: two decades of experience with real estate, issues who knows and has worked with the judge. Has experience in winning and settling these types of cases.
Judge and Jurisdiction: very experienced and sophisticated judge who was a local real estate attorney practicing with co-counsel for 15 years before becoming the judge. Judge pro plaintiff in cases where the judge feels Plaintiff has been burned.
Judge has recently denied def. motion to dismiss and struck defences and pleadings impairing defendants defences.
We anticipate this case will settle within the next 6-8 months.
Jurisdiction: Jury very pro plaintiff and awards very large damages where fraud personal injury damages have been wronged against Plaintiffs. This Texas County is a jurisdictional choice for large multi-district tort claims.
Damage expert witnesses identified.
We have an opinion letter of counsel with a 80% or better chance of recovery.
Defendants are liquid banks with ability to pay large damages.
Arklatex has made a diminimus settlement offer.
We are offering a % of amount raised for the investment effort ONLY. A total amount of return on your investment is 300%. Should the case settle early or we recover attorney’s fees at an earlier stage in the litigation (i.e. within 4-6 months) your investment return will be less than 300% and made on an attractive ROI.
Disclosures: This is a consolidation of two cases. The first case filed has had several previous attorneys work on it who have resigned. This was due to the increasing complexity in the case and increasing damages.. Previous attorneys were plaintiff’s personal injury attorneys with varying degree of skill for complex litigation. The second case filed had the same attorney until April of 2016. Recent new counsel has been retained with the expertise to take this case to trial. There are no liens on this case.
About the plaintiff: Plaintiff is a 59 year old American lady from Texas. She was working as a corporate finance advisor for a boutique investment bank at the time this occurred. The Plaintiff was a regulated investment banker holding a CF30 banking license where she had worked for 12 years. She had reached a reasonable amount of success in her career over the years earning a mid 6 figure salary. The litigation, loss of the property in a hurricane caused financial soundness issues from having to engage in US litigation. This long running litigation seriously impeded the plaintiff ability to earn a living, and includes loss of her banking license. This is a result of the litigation and its related issues caused the plaintiff to be unqualified to maintain her licence. She is currently working straight commission in an unregulated capacity at a broker dealer. She lives in a homeless shelter which she will shortly have to move from.
Plaintiff is very credible, resourceful, determined, and persistent. She has utilized her banking, regulatory and legal relationships to progress this case. At times she has represented herself, winning several cutting edge motions against the Defendants for Fraud. The plaintiff has invested her savings and 1000s of hours in the case to date. She became an expert witness for the Texas attorney general during the financial crises, assisting with gathering documentation that evidences the massive fraud in the mortgage industry during that time. The attorney general recovered $450 million for Texas as a result of her assistance.
These funds are greatly needed to make a good faith effort to pay new current counsel, and for living expenses and other bills.
clause23 submitted this post on 08/20/2016.
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DAVID AND GOLIATH BREACH OF CONTRACT FRAUD CASE ALREADY FILED AGAINST DEUTSCHE BANK AND BENCHMARK MORTGAGE


