Upcoming Events or News
February 9. 2009 Current Petition Tab Update (19th Amended Petition filed)
Clients Only Tab Update
May 21, 2008 Current Petition Tab Update (18th Amended Petition filed)
Current Petition Tab Update (Notice Letter to Texas Department of Community Affairs - Manufactured Housing Division)
Clients Only Tab Update
April 22, 2008 See Clients Only tab for new postings.
September 11, 2007 See Clients Only tab for Current and Continuation Status of the Lawsuit for those clients whose mortgage loans have NOT been modified or rescinded.
May 23, 2007 Federal Indictment Posted. See Other Filings tab, item A.14.
May 18, 2007 Conroe Courier
Note: The Courier was incorrect that there was a settlement in January of 2007. As you are aware, loan modifications and rescission have been an ongoing process beginning in December of 2003, and Part B Participants Settlements have been ongoing as well, with the last one concluding in early May 2007. The January settlement referred to in the Courier's article was with Emerson's insurance carrier.
May 16, 2007 Houston Chronicle and Conroe Courier reports on indictments and arrests
May 15, 2007 Federal Government indicts and arrests nine present or former defendants in Emerson Home Buyers lawsuit, Cause Number 03-01-00267CV for involvement in a fraudulent loan scheme in Conroe. Those arrested are
Keith Rayon (developer/seller)
Michael Davis (developer/seller)
David (Pops) Grimes (developer/seller)
Jeannie Nelson (mortgage broker)
Kandy Powell (mortgage broker)
Hollys Heasely (appraiser)
Holly Heasey (appraiser)
Patricia Lennon (appraiser)
Heather Adams (title closing officer)
Please see Other Filings Tab for link to United States Department of Justice - Southern District of Texas or Important New Tab for text of the press release.
News/Event Synopsis
May 5, 2007
Amendment 17 filed in Cause Number 03-01-00267-CV. Please see Important Notices for copy of the filing.
Final Accounting and Interim Accounting statements are being prepared and shall be distributed shortly. See the Clients Only and Important Notices tab.
December 12, 2006
Judge in Federal Case denies Emerson Defendants motion for Summary Judgment that would serve to bar coverage for the events described in our 16thAmended Petition. The Court also held that diminution (loss) of value of the homes due to Emerson's negligent construction, assembly, attachment, land contouring, etc. would be covered under general liability insurance policy, after repairs. See Other Filings, under ABN - Motion for Summary Judgment Ruling 12-08-06
November 14, 2006
Settlement Distributions are delayed - See Important Notice
October 8, 2006
Sixteenth Amended Petition Filed
Emerson Entities Insurance Carrier Files Appearance and Amended Answer on behalf of Emerson Entities
October 8, 2006
Plaintiff Consumers' Sixteenth Amended Petition Filed
Emerson Entities Insurance Carrier Files Appearance and Amended Answer on behalf of Emerson Entities
June 20, 2006
Settlement Agreements with several Defendants finalized - See Important Notice
May 2, 2006
Posting of Letter of Attempt to Conference (Raybon) - See Other Filings
Posting of Motion for Sanctions (Raybon Entities) - See Other Filings
Posting of Notice of Submission Date for Imposition of Sanctions (Raybon Entities) - See Other Filings
April 10, 2006
Court orders mandatory mediation for all counsel and pro se defendants to occur on April 26, 2006.
Court orders that the next trial (Plaintiffs/Defendants not yet designated) to occur during the week of May 30, 2006.
Court orders that Plaintiffs/Defendants to be designated by May 4, 2006.
March 20, 2006
Group Client Meetings Continue. Please click on Important New Tab for further details.
Important Notice section updated
February 7, 2006
Group Client Meetings continue. Please click on Important Notice tab for further details.
Important Notice section updated.
Other Filings section updated.
Clients Only section updated.
January 27, 2006
Pursuant to an order from the 9th Court of Appeals (Beaumont), the Participant Lawsuit has been abated fora period of sixty days, including the trial of the Expedited Group II. Thereafter, a new hearing date will be set for pretrial docket call for the Expedited Group II and the Plaintiff Consumer households will be selected for the Expedited Group III.
January 27, 2006
Updated Notice Letter for Defendants Willard Hodge, Patti Hodge, Island Mortgage, and White Oak Developers, Inc. (See Other Filings.)
January 19, 2006
Letter of Conference served on Keith Raybon, as pro se representative, for EMERSON MANUFACTURED HOMES, LTD, RAYBON LAND & COMPANY, LTD, EMERSON LAND LTD, RAYBON HOMES, LLC, TRAKE HOMES, LLC, W.E.R. INVESTMENTS, LTD, and THE HOME CENTER, LTD, demanding compliance with Case Management Oder I, Case Management Order II, and Case Management Order III. (See Other Filings.)
December 20, 2006
Depositions completed of Expedited Group II Consumers and Appraiser Michael Bowden (to be uploaded when e-transcript received.)
September 21, 2005
We are closing the office effective 3 PM on Wednesday, September 21, 2005 until Monday, September 26, 2005, so that the office staff can prepare for the possible effects of Hurricane Rita. We are planning to be open for business on Monday, September 26, 2005.
August 25, 2005 Amended CMO III
Discovery for Extended Cases (those not designated to an Expedited Group) Discovery Abatement
lifted.
August 11, 2005 HUD serves subpoena on us for access to all documents in our
possession or control in this case.
(See Other Filings, paragraph numbered D.)
July 26, 2005 Status Hearing
Case Management Order III Negotiated
Trial Dates Set
Expedited Group II Cases (Selected 15 Cases) set for trial on 1-30-06
Like Expedited Groups to be tried the last week of succeeding month that
containsfive weeks. Succeeding Expedited Groups to number between
12-18 Cases
July 22, 2005 Deposition Transcripts Uploaded
Jeannie Nelson (Royal Lion Mortgage) (Video taped)
Steven Scholl (Foremost Insurance) (Video taped)
Willard Hodge (Lodge Homes, Lodge Mortgage) (Video Taped)
Kerrie Berglan (Am West, Allied Houston)
Michael Davis (Emerson Manufactured Homes)
Deborah Smith Boam (Foremost Insurance) (Video taped)
Eric Lipar (Lodge Homes, Lodge Mortgage) (Video Taped)
Tom Wilson (Lodge Homes) (Video Taped)
Hurlene Savage (Walker County Title Company) (Video taped)
Hollys Heasley (Appraiser) (Video Taped)
Holly Heasley (Appraiser) (Video taped)
Rebecca Blankenship (Blankenship Insurance) (Video taped)
Kandy Powell (Royal Lion Mortgage)
C. Wren (Lodge Mortgage Document Custodian)
June 27, 2005 Plaintiffs 14th Amended Original Petition Filed
June 26, 2005 Plaintiffs 13th Amended Original Petition Filed
May 26, 2005 Status Hearing for state of settlement negotiations and disposition of remaining parties
February 11, 2005 Trial date continued, pending Status hearing on May 16, 2005.
February 3, 2005 Trial date continued from February 7 until February 14, 2005 based on state of negotiations for ongoing settlement negotiations.
January 25, 2005 Mediation occurred for Expedited Plaintiffs, expanded to include certain Defendants for Extended Plaintiffs.
December 17, 2004 Deadline for amendments of petitions (Plaintiffs), counter (Defendants against Plaintiffs), third party (Defendants against parties not named by Plaintiffs, and cross claims (Defendants against other Defendants).
December 15, 2004 Deadline for selection for identity of court order mediator.
December 15, 2004 Mr. Raybon's confirmation of his Chapter 13 Plan postponed due to objection filed by National City. Update: the Bankruptcy Court denied Mr. Raybon'splan for reorganization. The Court left open the issue of presenting another plan, withdrawing his petition, or converting to Chapter 7 (liquidation).
December 2, 2004 Pretrial hearing before Judge Mayes: trial date confirmed, pretrial discovery deadline dates amended, Amended CMO to be prepared by Defense Counsel prior to entry. Will be posted upon receipt. (See other filings)
December 2, 2004 Defendant Patricia Lennon d/b/a Ameristar (Appraiser Defendant) files for Chapter 7 Bankruptcy.
October -2004 National City Mortgage Company intervenes.
October 4, 2004 First Meeting of Creditors for Mr. Raybon before the Bankruptcy Trustee.
September 28, 2004 Depositions of the 13 Expedited begun and now completed.
September 17, 2004 FBI issues statement concerning investigation of rampant mortgage fraud, run in the Conroe Courier: .http://www.cnn.com/2004/LAW/09/17/mortgage.fraud/
September 15, 2004 Plaintiffs' Counsel and Defendants' Counsel reach agreement on deposition schedule for fact witnesses in the Expedited Cases. See other filings for details.
September 13, 2004 Other Defendant Groups file Master Request for Document Production and Interrogatories for Expedited Cases, answers due October 12, 2004
September 1, 2004 Defendant Foremost's counsel files Master Request for Document Production and Interrogatories for Expedited Cases, answers due October 1, 2004.
August 27, 2004 Keith Raybon, individually, files for Chapter 13 bankruptcy protection against his creditors.
August 15, 2004 Rule 194 Master Disclosure Due from Plaintiffs and Defendants
July 20, 2004 Amendment 12 Filed; title insurance underwriters added; defendant groupings adjusted (Developer/Seller/Mortgage Broker, Appraiser, Hazard Insurance Agent, Hazard Insurance Carrier, Title Company, Title Insurance Underwriter, and Charitable Gift)
July 20, 2004 Hearing in 410th, finalization of CMO, finalization of Expedited Cases
July 09, 2004 Second Meeting of Counsel
July 01, 2004 Plaintiffs' and Defendants' Counsel meet in Houston (selection of Expedited Cases, terms of CMO)
July 01, 2004 ORT and Non ABN Borrowers reach settlement.
June 02, 2004 Potential Defendants Notified
June 02, 2004 Plaintiff publish Draft CMO;
May 18, 2004 Third Conroe Courier Hearing published
May 17, 2004 First hearing before the trial Judge. Over 600 Plaintiffs attend. Defendant Groupings identified (Developer/Seller, Mortgage Broker, Appraiser, Hazard Insurance Agent, Hazard Insurance Carrier, Title Company)
May 17, 2004 Second Conroe Courier article published
April 23, 2004 ABN Loan modification settlement at Old Republic Title Conroe at 10:00 AM
April 21, 2004 Settlement Meeting with National City in Miamisburg, Ohio (Bill and Ellis attending)
February 12, 2004 Trial Court moved from 359th District Court to 410 District Court
February 12, 2004 Trial date set for November 1, 2004 at 8:30 AM, 410th District Court, Montgomery County Court House, Conroe, Texas.
February 12, 2004 Court orders electronic filing
February 10, 2004 Negotiations begin with National City Mortgage.
February 3, 2004 Settling Plaintiffs to ignore ABN booklet received
showing a payment due on 3/1/04
Pay instead the amount shown in the one time letter to the person and address
shown in the letter for the February payment; remember payment is late
only after 15th of the Month.
February 1, 2004 Conroe Courier publishes article about the lawsuit.
www.zwire.com/site/news.cfm?newsid=10898555&BRD=1569&PAG=461&dept_id=180945&rfi=8
(highlight the web address, right click your mouse and paste onto the address bar on your web browser)
February 1, 2004 Plaintiff Count: 455 homesites
January 27, 2004 Mercury Homes and the Home Center added as defendants
January 26, 2004 Plaintiff Count: 452 homesites
January 26, 2004 Settlement discussions with National City formally commence (135 homesites)
January 16, 2004 ABN and Old Republic settle with 20 plaintiffs
January 13, 2004 Formal negotiations begin with National City
December, 2003 ABN and Old Republic settle with 150 plaintiffs
December, 2003 Old Republic dismissed as defendant against settling plaintiffs
November, 2003 Settlement reached with ABN AMRO and Old Republic Title (ORT).
Settlement allows qualifying plaintiffs to modify existing loan terms or rescind.
November, 2003 Plaintiff Count: 437 homesites
October 31, 2003 Petition Amendment 7 filed
October, 2003 Lodge Homes (Lone Star Ranch) added as defendant
October, 2003 Plaintiff Count: 404 homesites
October 2, 2003 Amended DTPA Notification Letter mailed.
March, 2003 Settlement Discussion commence with Old Republic (National)
January 13, 2002 Original Petition filed under Cause Number 03-01-0267-CV in Montgomery County, Texas; 359th District Court.
January, 2003 Mercury Homes and The Home Center formed
November, 2002 Meeting with Keith Raybon's attorney
Positions defined, no resolution reached.
October 14, 2002 Statutory Response Deadline
ABN AMRO Responds
Royal Lion Responds
Other addressees do not respond
September, 2002 Settlement discussions commence with ABN AMRO. (220 homesites out of 700 total loans to Emerson)
August 8, 2002 Deceptive Trade Practices Act Notification Letter mailed.