Mary Ann Castro v. Manuel Castro, 04-14-00785-CV

Mary Ann Castro v. Manuel Castro

04-14-00785-CV

| Tex. App. | Jun 17, 2015

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Case Information

In the Fourth Court Of Appeals

Fourth Court Of Appeals District

San Antonio Texas Bexar County

Maryann Castro

Manuel Castro

Re: Court Of Appeals Number: 04-14-00785-CV

Trial Court Case 2011 -CI-15957

To The Fourth Court of Justices In Appeals Court

STATEMENT FROM APPELLANT MARYANN CASTRO

MOTION TO ACCEPT FINAL CLOSING ARGUMENT AS TO WHY THE AGREEMENT FOR FINAL DIVORCE SIGNED OCT 30,2013 SHOULD BE MODIFIED,AMENDED EVEN VOIDED AND REWRITTEN REOPENED TO A JUST AND RIGHT DIVORCE DECREE DUE TO THE FOLLOWING MISREPRESENTATION,FRAUD THAT OCCURED IN THE AGREEMENT FOR FINAL DIVORCE AGREEMENT SIGNED OCT 30,2013 THE FRAUD WAS DISCOVERED AFTER THE DATE OF OCT 30,2013

OPINION (see copy of Agreement)

This is an appeal from a final decree of divorce in which wife challenges the Agreement for Final Divorce signed Oct30, 2013.Appellee Manuel Castro and Appellant Maryann Castro have been before the Court. The Courts JUDGES never heard the actual facts in the Marriage of Manuel AND Maryann Castro or even read documents showing the facts as to why the Agreement for Final Divorce should be reopened, modified , amended , rewritten even voided, the ORIGINAL agreement was NEVER filed it was tampered , a copy was filed by Counsel Joseph Appelt who participated with his client Appellee Manuel Castro in fraud, hiding martial asset, prejudice of Appellant Maryann Castro disability the agreement has fraud bankruptcy, non-payment of mortgage, overvalued martial home, hiding martial assets even Adultery, Cruelty. The Trial Court Judges erred in not voiding the Agreement for Final Divorce(If the Spouse seeking post judgement relief longstreet v longstreet, 57 ohio app.3d 55,566 N.E.2d 708 (1989) husband value home at 50,000 but sold it 14 months later for 79,000.(Salem V. Salem, 61Ohio App. 3d 243,572,N.E. 2d 726 (1988)wife made conclusory allegations of nondisclosed assets, citing a news paper article as her only basis for suspecting fraud) The time period for a motion to reopen a judgement is tolled by the automatic stay imposed (A party seeking to reopen a judgement has an obligation to act with reasonable diligence after learning relevant facts. E.G., In re

Gidlund,244 III..App.3d 675,614 N.E. 2d 315(1993)The law of reopening judgements should be changed so that when one spouse commits deliberate and malicious fraud, and the other spouse was unable through due diligence to detect the fraud, there is no time limit on the courts power to grant effective relief.

BACKGROUND FACTS

Martial fraud on the Community estate, Appellant Maryann Castro is the innocent spouse in this divorce fraud in the Community was committed by Appellee Manuel Castro and Counsel Joseph Appelt by committing the following if there were no property then the lift stay does not need to be filed there was 1501 Olive and the lift stay was not filed on Oct 30,2013 that is a violation of family and bankruptcy law Appellant Maryann Castro did not know Appellee Manuel Castro had the subject property 1501 Olive in active bankruptcy and was not making the home mortgage payments. A) APPELLEE MANUEL CASTRO FILED BANKRUPTCY WITHOUT NOTIFYING THE COURT OR APPROVAL OF THE COURT AND DID NOT NOTIFY APPELLANT MARYANN CASTRO THE BANKRUPTCY APPELLEE MANUEL CASTRO FILED WAS ACTIVE ON OCT 30,2013 AND STAY LIFT NOT FILED OR APPROVED BY THE BANKRUPTCY COURT IN ORDER TO PROCEED IN THE DIVORCE APPELLEE MANUEL CASTRO WAS ADVISED BY THE TRUSTEE AND HE DID NOT NOTIFY THE COURT AND STILL PROCEEDED TO HARM APPELLANT MARYANN CASTRO AND THE COURTANOW THE TRUTH ON OCT 30,2013 NOE ITALYANn CASTRO APPELLEE MANUEL CASTRO HAD NOT PAYED THE HOMEMORTGAGE HAD UNPAID ARREARS AND IN HIS BANKRUPTCY PLAN THAT WAS BEING PAYROLL DEDUCTED IN THE PLAN THE MORTGAGE HAD TO BE PAID TOO AND THAT WAS NOT BEING PAID HIS COUNSEL JOSEPH APPELT LIED TO ALL JUDGES IN PRESIDING SAYING IT WAS DISCUSSED AND NOTED IT NEVER WAS APPELLEE MANUEL CASTRO AGREED TO PAY THE MORTGAGE ON OR ABOUT OCT 2011 WHEN THE ACTUAL FILING FOR DIVORCE BEGAN AND IT WAS TO BE PAID IN HIS BANKRUPTCY PLAN AND HE DID NOT FOLLOW THE PLAN HE AGREED TO WHEN HE FILED BANKRUPTCY. B)

WRIGHT VS WRIGHT NO. 11-07-00169-CV FRAUD ON THE COMMUNITY 10 APPELLEE MANUEL CASTRO WITH COUNSEL JOSEPH APPELT TURNED OVER THE COURT A COMPARATIVE MARKET ANALYSIS A REALTORS OPINION TO OVER VALUE THE COMMUNITY 1501 OLIVE AT 125,000 TO GAIN FRAUD EQUITY AT 40,000 WHEN THE COMMUNITY 1501 OLIVE DOES NOT HAVE EQUITY IT HAS ARREARS FROM BANKRUPTCY FILED BY APPELLEE MANUEL CASTRO NONPAYMENTS OF MORTGAGE SEE BSI STATEMENT IF THE COMMUNITY 1501 OLIVE ST GOES INTO FORECLOSURE THERE WILL BE A NEGETIVE AMOUNT OWED IN THE AMOUNT OF 60,000 APPELLANT MARYANN CASTRO HAS RETAINED ATTORNEY MATTHEW OBREMEIER TO PROTECT HER INTEREST IN THE MARTIAL HOME 1501 OLIVE ST WHERE SHE RESIDES AT HER HOMESTEAD APPELLANT MARYANN CASTRO WAS AWARDED THE HOME ON OCT 30,2013 WITH TERMS BUT DID NOT KNOW THE MARTIAL HOME WAS IN ACTIVE BANKRUPTCY FILED APPELLLEE MANUEL CASTRO

*3 COUNSEL JOSEPH APPELT KNEW OF THE BANKRUPTCY AND THAT THE AUTOMATIC STAY LIFT WAS NOT FILED BY APPELLEE MANUEL CASTRO AND TRUSTEE DID ADVISE THIS WAS NEEDED TO BE DONE IN ORDER TO PROCEED IN THE DIVORCE AND IT WAS IGNORED AND NOT DONE COUNSEL JOSEPH APPELLT KNEW THIS AND AS AN OFFICER OF THE COURT STILL PROCEEDED IN THE DIVORCE AND AGREEMENT KNOWNG THE HARM THAT WAS BROUGHT UPON APPELLANT MARYANN CASTRO WHEN IN BANKRUPTCY THE PERSON WHO FILED HAS TO CLEAR WITH THE COURT TO PROCEED IN DIVORCE AND THIS WAS NOT DONE BY APPELLEE MANUEL CASTRO AND COUNSEL JOSEH APPELLT KNEW THIS AND DID NOT FOLLOW THE TRUSTEE ADVISE ONLY TO HARM APPELLANT MARYANN CASTRO WITH AN AGREEMENT THAT WAS NOT CLEARED THROUGH THE BANKRUPTCY COURT APPELLEE MANUEL CASTRO OWED A HIGH DOLLAR AMOUNT AND WAS NOT PAYING THE MORTGAGE THE AGREEMENT IS NOT VALID IT WAS PREPARED UNDER FALSE, MISREPRESENTATION IT CHANGES EVERTHING APPELLEE MANUEL CASTRO DID NOT HAVE PERMISSION FROM THE BANKRUPTCY COURT TO PROCEED IN THE AGREEMENT FOR FINAL DIVORCE HIS BANKRUPTCY WAS ACTIVE AND THE COMMUNITY 1501 WAS UNDER THE BANKRUPTCY COURT PROTECTION APPPELLEE MANUEL CASTRO PUT THE MARTIAL HOME IN BANKRUPTCY AND CONSPIRED TO POCKET 40,000 BY OVERVALUING THE COMMUNITY AND NOT PAYING THE HOMEMORTGAGE THE BANKRUPTCY PLAN HE SIGNED UP WHEN HE FILED BANKRUPTCY ON OR ABOUT AUG 2012.THIS EQUITY WAS ZOMBIE MONEY NOT REAL MONEY MARTIAL FRAUD IN THE AMOUNT OF 40,000 CREATE A NEW DIVORCE DECREE IN THE MARTIAL ESTATE CONCONSTITUTE TO A JUST AND RIGHT DIVISION THE COMMUNITY ESTATE DIMINSHED BY MARTIAL FRAUD OVERVALUED WITH A REALTORS OPINION.(Schlueter V.Schlueter,(Tex.1998)

C) $3^{rd}$ party MISTRESS NON SPOUSE CHRISTINA PACHECO WHO IS INVOLVED IN THIS LAWSUITE HAD A REALTOR FRIEND PREPARE THE CMA-REALTORS OPINION TO BE USED IN CIVIL COURT TO HARM APPELLANT MARYANN CASTRO SHOWING REALTORS OPINION TO VALUE THE MARTIAL HOME AT 351,375 Appellee Manuel Castro aided and Sister Leila Silva and Counsel Joseph Appelt. The Comparative Market Analysis- Realtors opinion it states not to be used as an Appraisal and it was Appellant Maryann Castro has a Certified Appraisal showing the Community to be Valued at 225,000 and that is an actual value tax value is the same. D) APPELLEE MANUEL CASTRO CONSPIRED TO HARM APPELLANT MARYANN CASTRO KNOWING THE CERTIFIED APPRAISAL IS 225,000.AND THAT THERE IS NO EQUITY DUE TO NON PAYMENT OF MORTGAGE INTEREST PENALTIES ATTORNEYS FEES THAT HAVE CAUSED A LOSS IN THE EQUITY OF THE MARTIAL HOME 1501 OLIVE FRAUD WAS ATTEMPTED BY APPELLEE MANUEL CASTRO AND COUNSEL JOSEPH APPELT AND THE NON SPOUSE MISTRESS CHRISTINA PACHECO WHO CONSPIRED TO STEAL 40,000 ON PROPERTY SHE DOES NOT OWN OR HAVE INTEREST IN BY PRESENTING TO THE COURT THE OVERVALUED REALTORS OPINION OVERVALUING THE COMMUNITY AT $125,000 ON THE MARTIAL HOME APPELLEE MANUEL

*4 CASTRO SHARED WITH APPELLANT MARYANN CASTRO KNOWN AS 1501 OLIVE ST. THERE WAS NO REFINACE ALLOWED DUE TO BANKRUPTCY BY APPLEEE MANUEL CASTRO AND UNPAID MORTGAGE CAUSING A NEGETIVE STATUS OF THE ACCOUNT APPELLANT MARYANN CASTRO WAS NEVER NOTIFED OR INFORMED OF NEGETIVE STATUES ON THE HOME MORTGAGE APPELLEE MANUEL CASTRO CAUSED BY NOT PAYING THE HOMEMORTGAGE IF APPELLANT MARYANN CASTRO WOULD OF KNOWN THE TRUTH OF THE STATUS OF THE MORTGAGE APPELLEE MANUEL CASTRO HID FROM THE COURT AND APPELLANT MARYANN CASTRO ON OCT 30,2013 APPELLANT MARYANN CASTRO WOULD OF NEVER SIGNED THE AGREEMENT FOR FINAL DIVORCE ON OCT 30,2013 THIS WAS HIDDEN FROM APPELLANT MARYANN CASTRO APPELLEE MANUEL CASTRO DID THIS TO HARM APPELLANT MARYANN CASTRO CAUSING EXTREME STRESS AND ALMOST LOOSING THE MARTIAL HOME TO FORECLOURE ON JAN 6,2015. E) BANKRUPTCY PROTECTION APPELLEE MANUEL CASTRO WAS UNDER ON OCT 30,2013 SEE STATEMENT FROM THE COURT THE LIFT STAY NEVER FILED BY APPELLEE MANUEL CASTRO AND MORTGAGE PAYMENTS NOT BEING MADE BY APPELLEE MANUEL CASTRO THIS WAS HIDDEN FROM APPELLANT MARYANN CASTRO ON OCT 30,2013 APPELLANT MARYANN CASTRO PAID FOR STAY LIFT FOR APPELLEE MANUEL CASTRO UNDER THE ADVISEMENT OF COUNSEL SARAH LISHMAN APPELLEE MANUEL CASTRO SHOULD OF PAID PRIOR TO OCT 30,2013 IN ORDER TO PROCEED IN DIVORCE ON OCT 30,2013 THIS FEE WAS APPELLEE MANUEL CASTRO RESPONSIBILTY AND APPELLANT MARYANN CASTRO IS ASKING THE COURT FOR A REFUND HE FILED BANKRUPTCY NOT APPELLANT MARYANN CASTRO SHE PAID IN ORDER TO PROCEED WITH DIVORCE

APPELLANT MARYANN CASTRO DID NOT BREAK ANY LAWS APPELLANT MARYANN CASTRO DID NOT APPELLANT MARYANN CASTRO IS ASKING THE COURT FOR A JUST AND RIGHT DIVORCE DECREE THAT IS CLEAN AND FAIR WITH NO FRAUD THE DIVORCE PROCESS AND THE AGREEMENT FOR FINAL DIVORCE SHE DID NOT CONSPIRE TO COMMIT FRAUD OR TRY TO STEAL EQUITY ON MORTGAGE THAT WAS OWED APPELLANT MARYANN CASTRO HAS BEEN HONEST WITH THE TRUTH AND FOR OVER A YEAR HAS BEEN TRYING TO PRESENT IT TO THE COURT THIS AGREEMENT HAS CAUSED EXTREME STRESS FINACIAL HARDSHIP ALMOST LOOSING THE MARTIAL HOME DUE TO APPELLEE MANUEL CASTRO DISHONSETY IN THE AGREEMENT FOR FINAL DIVORCE SIGNED OCT 30,2013. E)

APPELLANT MARYANN CASTRO DID NOT KNOW THE HOME MORTGAGE WAS NOT BEING PAID APPELLANT MARYANN CASTRO DID NOT KNOW APPELLEE MANUEL CASTRO HAD THE MARTIAL HOME IN ACTIVE BANKRUPTCY APPELLEE MANUEL CASTRO AND THE MISTRESS WITH APPELLEE MANUEL CASTRO SISTER DIVERTED MORTGAGE MAIL TO APPELLEE MANUEL CASTRO SISTER LEILA SILVA HICKORY SHAWDOW REMOVED APPELLANT MARYANN CASTRO FROM CONTACT PERSON ON HER OWN HOME MORTGAGE

SEE STATEMENT FROM WELLS FARGO APPELLANT MARYANN CASTRO EVEN RECEIVED PICTURE SHOWING HER NAME BEING REMOVED MISTRESS SENT PICTURE VIA TEXT ON CELL AND APPELLANT MARYANN CASTRO WILL TURN OVER TO THE COURT OF APPEALS UPON REQUEST IF NEEDED

F)

THIS IS WHY THE AGREEMENT FOR FINAL DIVORCE SHOULD BE REPOPENED AND VOIDED MODIFIED AMENDED THERE IS FRAUD MISREPRESENTATION IN WHICH HARMED APPELLANT MARYANN CASTRO WHO HAS BEEN THE ONLY ONE HOLDING ON TO THE MARTIAL HOME 1501 OLIVE IT WAS SCHEDULED FOR FORECLOSURE JAN 6,2015 AND APPELLEE MANUEL CASTRO DID NOT AIDE IN STOPPING FORECLOSURE IT WAS APPELLANT MARYANN CASTRO WHO PREVENTED FORECLOSURE FROM BSI BANK SEE COPY OF FORECLOSURE NOTICE AND EMAIL FROM BSI ATTORNEY WITH APPELLANT MARYANN CASTRO ATTORNEY MATTHEW OBREIMER WHO IS A FORECLOSURE LAW SPECIALIST NOW THE NOTE WAS SOLD TO SN SERVICING CORPORATION AND APPELLANT MARYANN CASTRO HAS FILED FOR A LOAN MODIFICATION TO LOWER THE MORTGAGE AND PUT THE UNPAID ARREARS AT THE END OF THE NOTE DUE TO NON PAYMENT OF MORTGAGE APPELLEE MANUEL CASTRO RISKED THE COMMUNITY 1501 OLIVE TO FORECLOSURE BY NOT PAYING THE MORTGAGE AND BY BEING DISHONEST IN THE AGREEMENT FOR FINAL DIVORCE ON OCT 30,2013 .

G) SUMMARY OF ARGUMENT

APPELLEE MANUEL CASTRO ALLOWED FORECLOSURE ON JANUARY 6,2015 BSI FILED TO FORECLOSE IN THE AGREEMENT IT STATES THE FOLLOWING MANUEL CASTRO IS AUTHORIZED TO DO WHAT HE NEEDS TO PREVENT FORECLOSURE OF THE HOME WITHOUT HARMING MARYANN CASTRO INTEREST APPELLEE MANUEL CASTRO DID NOTHING HE COMMENTED YOU WERE PUTTING LIGHTS FOR CHRISTMAS KNOWING FORECLOSURE WAS GOING TO HAPPEN APPELLEE MANUEL CASTRO SAID THE FOLLOWING I WAS GOING TO CRY APPELLANT WAS SHOCKED TO HEAR THIS REMARK FROM APPELLEE MANUEL CASTRO WHO IS GAINFULLY EMPLOYEED MAKES 21 HOURLY AND WORKS OVERTIME APPELLEE MANUEL CASTRO DID NOT OFFER TO STOP FORECLOSURE OR TO REFUND APPELLANT MARYANN CASTRO HIS SHARE TO STOP FORECLOSURE APPELLANT MARYANN CASTRO BORROWED 3500 TO STOP FORECLOSURE SEE COPY OF CHECK AND WANTS TO BE REFUNDED APPELLEE MANUEL CASTRO DID NOTHING TO PROTECT HIS INTEREST IN THE MARTIAL HOME 1501 OLIVE ST IT WAS APPELLANT MARYANN CASTRO WHO CARRIED THE EXPENSE AND IS REQUESTING A REFUND FROM THE COURTS APPELLEE MANUEL CASTRO WAS TO HAVE PREVENTED THE FORECLOSURE AND HE DID NOTHING. APPELLANT MARYANN CASTRO HAS REPAID THE LOAN AND WANTS TO BE REIMBURSED THE 3500 SHE IS NOT EMPLOYEED SHE HAD TO SEEK EMPLOYMENT DUE TO APPELLEE MANUEL CASTRO NOT SUPPORTING HER INSTEAD APPELLEE MANUEL CASTRO USED THE COMMUNITY FUNDS TO SUPPORT HIS AFFAIR WITH MISTRESS CHRISTINA PACHECO IF APPELLANT MANUEL CAN AFFORD TO PAY FOR HIS MISTRESS THEN HE SHOULD PAY ALIMONY FOR APPELLANT MARYANN CASTRO FOR SHE WAS LEGALLY MARRIED TO APPELLEE MANUEL CASTRO FOR 29

*6 YEARS AND IS THE DISABLED SPOUSE WITHIN THE MARRIAGE HER DISABILTY DOLLAR AMOUNT HAS DROPPED DUE TO HER TIME BEING EMPLOYEED AND THIS HARMED HER FINANCIALLY APPELLEE MANUEL CASTRO DUTY WAS TO APPELLANT MARYANN CASTRO AND HE HAS NOT FINANCIALLY SUPPORTED HER THROUGH THE PROCESS OF DIVORCE WHICH WAS TO PAY THE MORTGAGE PAYMENT AND HE DID NOT INSTEAD PAID FOR HIS EXTRA MARTIAL AFFAIR WITH THE NON SPOUSE MISTRESS CHRISTINA PACHECO.

APPELLANT MARYANN CASTRO DOES NOT HAVE A CATERING BUSINESS AS COUNSEL JOSEPH APPELT HAD ATTACKED HER IN CONTESTING HER AFFIDAVIT OF INDIGENCY APPELLEE MANUEL CASTRO KNEW OF APPELLANT MARYANN CASTRO DISABILTY NOW AND DUBING THE MARRIAGE HIS COMMENTS ARE YOU CAN WORK AND SHE CAN'T SHE IS UNDER DOCTOR CARE AND HER DISABILTY FUNDS HAVE BEEN LOWERED DUE TO BEING EMPLOYED APPELLANT MARYANN CASTRO WAS EMPLOYEED ONLY TO SUPPORT THE COMMUNITY 1501 OLIVE APPELLEE MANUEL CASTRO PUT IN BANKRUPTCY AND HAD NOT SUPPORTED THE DEBTS OWED IN THE MARRIAGE OF MANUEL AND MARYANN CASTRO AND SUPPORT THE COST OF LIVING NEEDS OF THE DISABLED SPOUSE APPELLANT MARYANN CASTRO

APPELLEE MANUEL CASTRO HAD NOT SUPPORT APPELLANT MARYANN CASTRO DURING THE PROCESS OF DIVORCE AND ON THE FINAL DIVORCE AGREEMENT OCT 30,2013 APPELLANT MARYANN CASTRO SHOULD HAVE BEEN AWARDED ALIMONY SHE DID NOT GIVE UP HER RIGHT S COUNSEL JOSEPH APPELT TAMPERED WITH THE AGREEMENT THE ORIGINAL WAS NEVER FILED AND THERE WAS NO RECORD THAT'S WHY HE WAS PUSHING TO ENFORCE THE AGREEMENT KNOWING THE FRAUD HE CONSPIRED WITH AND TAMPERED WITH THE AGREEMENT FOR FINAL DIVORCE APPELLANT MARYANN CASTRO HAS BEEN CHALLENGING THE AGREEMENT FOR OVER A YEAR AND A HALF AND THE NOW BEING PRESENTED TO APPEALS COURT THE EVIDENCE THAT SHOWS THE TRUTH AS TO WHY THE DIVORCE SHOULD BE REOPEND AND REWRITTEN TO A JUST AND RIGHT DIVORCE DECREE ALL COUNSEL JOSEPH APPPELT DID WAS PREVENT THE TRUTH FROM BEING SPOKEN IN COURT AND COST APPELLANT MARYANN CASTRO 20,000 IN ATTORNEY FEES AND APPPELLANT MARYANN CASTRO IS ASKING THE COUURT TO REFUND HER DUE TO THE DISHONESTY OF APPELLEE MANUEL CASTRO AND COUNSEL JOSEPH APPELT AND $3^{RD}$ PARTY NON SPOUSE MISTRESS CHRISTINA PACHECO. THAT IS WHY APPELLANT MARYANN CASTRO HAS THIS CASE IN APPEALS COURT FOR THE TRUTH TO BE HEARD PRESENTED AND RULED WITH A JUST AND RIGHT DIVORCE DECREE NOT THE FRAUD CONSPIRACY HIDING MARTIAL ASSETS TAMPERING WITH THE AGREEMENT FOR FINAL DIVORCE THAT WAS COVERED UP ON OCT 30, 2013 COUNSEL JOSEPH APPELT ENFORCED THE AGREEMENT KNOWING APPELLANT MARYANN CASTRO WAS CHALLENGING THE AGREEMENT HE TAMPERED WITH AND JUDGE BARBRA NELLERMOC KNEW APPELLANT MARYANN CASTRO WAS IN COURT TO SPEAK ON HER RIGHT TO PROTECT HER INTEREST AND LIFE IN THE AGREEMENT FOR FINAL DIVORCE ALLOWED PREJUDICE ONLY LISTENED TO COUNSEL JOSEPH APPELT WHO IS KNOWN FOR NOT ABIDING BY THE LAW DID HE NOT RUN FOR JUDGE AND TAMPERED WITH HIS OPPENTS SIGNES WITH

*7 HIS DAUGHTER CAUGHT ON VIDEO COUNSEL JOSEPH APPELT TAMPERED WITH THE LIFE OF APPLELLANT MARYANN CASTRO BY SPEAKING TO JUDGE PRIOR TO COURT BEING DISHONEST THORUGHOUT THE WHOLE PROCESS OF DIVORCE IN THE MARRIAGE OF MANUEL AND MARYANN CASTRO AND THE AGREEMENT FOR FINAL DIVORCE ON OCT 30,2013 HOW IS THAT FAIR FOR APPELLANT MARYANN CASTRO AND COUNSEL SARAH LISHMAN SPEAKING TO JUDGES PRIOR TO COURT APPELLANT MARYANN CASTRO HEARD COUNSEL JOSEPH APPELLT TELL SARAH LISHMAN HE HAD SPOKEN TO JUDGE SALINAS PRIOR TO COURT COUNSEL JOSEPH APPELTWAS ABUSING THE JUDICAL SYSTEM INSTEAD OF ACTING LIKE A PROFESSIONAL OFFICER OF THE COURT HE WAS CONDUCTING HIMSELF IN MISCONDUCT BY CONSPIRING IN FRAUD OVERVALUED COMMUNITY 125,000 FOR HIS CLIENT WITH REALTORS OPINION LEGAL MALPRACTICE PROCESS A DIVORCE IN ACTIVE BANKRUPTCY KNOWING HIS CLIENT HAVE NOT GOTTEN APPROVAL FROM BANKRUPTCY COURT HAD THE COMMUNITY 1501 OLIVE UNDER BANKRUPTCY CLIENT OWED AND HAD NOT MADE THE MORTGAGE PAYMENTS HIDING MARTIAL ASSETS KEOGH PLAN PENSION AND 99 SUBARU AND 95 FLEETWOOD DOUBLEWIDE HE KEPT ATTACKING APPELLANT MARYANN CASTRO IN COURT WHEN HIS CLIENT APPELLEE MANUEL CASTRO WAS COMMITING ADULTERY,FRAUD, TO HARM APPELLANT MARYANN CASTRO.AND THAT IS WHY APPELLANT MARYANN CASTRO IS CONTESTING THE AGREEMENT FOR FINAL DIVORCE AND THAT IS WHY IT SHOULD BE MODIFIED APPELLANT MARYANN CASTRO WAS HARMED.

H) HIDING MARTIAL ASSETS A KEOGH PLAN PENSION 99 SUBARU AND THE 95 FLEETWOOD THE FOLLOWING INFORMATION WAS WITHHELD FROM APPELLANT MARYANN CASTRO SHE DID NOT GIVE UP HER RIGHTS TO THESE MARTIAL ASSETS. I)APPELLEE MANUEL CASTRO COUNSEL JOSEPH APPELT SUBMITTED A MOTION TO JUDGE LITTLEJOHN THESE ASSETS WERE HIDDEN FROM APPELLANT MARYANN CASTRO AND SHE WANTS HER RIGHT TO THE KEOGH PLAN PENSION AND THE 99 SUBARU.

J) THE 95 FLEETWOOD DOUBLEWIDE MOBILE HOME APPELLEE MANUEL CASTRO MISTRESS CHRISTINA PACHECO WERE COMMITING FRAUD WITH THIS ASSET THAT WAS IN THE MARRIAGE OF MANUEL CASTRO AND MARYANN CASTRO SENT TEXT TO APPELLANT MARYANN CASTRO SAYING THE MOBILE HOME WAS SOLD TO THE HERNANDEZ FOR 7000 BY GREENTREE AND THAT THERE WAS A TITTLE TRANSFER NO PAPER WORK . SEE TEXT That was 41/4.

K) APPELLEE MANUEL CASTRO SURRENERED HIS INTEREST ITS LISTED AS EXEMPTED DEBT IN THE AMOUNT OF 15,445.93 LISTED IN SECTION E BANKRUPTCY OF APPELLEE MANUEL CASTRO AND THIS WAS VERIFIED BY THE DAIVIS LAW FIRM APPELLANT MARYANN CASTRO ARGUED THE DEBT WITH GREENTREE THE DEBT WAS OWED BY APPELLEE MANUEL CASTRO AND MARYANN CASTRO AND WHY DID APPELLANT MARYANN CASTRO GET A 1099 IN HER NAME DEBT WRITTEN OFF TO HER SOCIAL SECUITY NUMBER IT WAS SETTLED FOR 7000 AND IT WAS NOT SOLD TO THE HERNANDEZ IT'S A MARTIAL ASSET AND APPELLANT MARYANN CASTRO DID NOT GIVE UP HER RIGHT TO THIS ASSET AND DID NOT KNOW THE DEBT WAS SETTLED AND WRITTEN OFF IN HER

*8 NAME ONLY THIS WAS DONE WITHOUT HER CONCENT APPELLANT MARYANN CASTRO WAS TOLD THERE WAS A NOTE NOT TO BE CONTACTED WHO SET THAT UP REAMAINS UNKNOWN.

L)APPELLANT MARYANN CASTRO CALLED THE DAVIS LAW FIRM HOW CAN APPELLEE MANUEL CASTRO SURRENDER A MARTIAL ASSET WHEN IT'S A DEBT OWED BY BOTH AND PART OF THE DIVORCE AND IT DOES SAY NOT TO MAKE ANY ACCOUNT CHANGES WHILE IN PROCESS OF DIVORCE APPELLANT MARYANN CASTRO WAS TOLD HE CAN?HOW? THE COURT WAS NOT NOTIFIED NOR WAS APPELLANT MARYANN CASTRO LAWS BROKEN TO HARM APPELLANT MARYANN CASTRO ?HOW IS THAT JUSTICE? APPELLEE MANUEL CASTRO AND THE NON SPOUSE MISTRESS WERE CHANGING ACCOUNT MATTERS PUTTING THE DEBT ACCURED IN THE MARRIAGE OF MANUEL AND MARYANN CASTRO ON APPELLANT MARYANN CASTRO THE DEBT OF THE MOBILE HOME WAS SETTLED WITH GREENTREE FOR 7000 AND WRITTEN OFF IN APPELLANT MARYANN CASTRO NAME SOCIAL SECURITY THE 1099 SHE RECIVED FOR 2014 THE NOTE WAS NOT SOLD TO THE HERNANDEZ ONLY AS RENT TO OWN WITH TERMS AND THEY HAVE NOT PAID OR FOLLOWED AGREEMENT SEE COPY APPELLANT MARYANN CASTRO HAS SENT THE HERNANDEZ PARTY IN SOMMERSET TEXAS A NOTICE TO PAY THERE ARE TWO TAX LEINS 2013,2014 FILED AGAINST THE 95 FLEETWOOD IN ATASCOSA COUNTY AND THERE IS NO TITTLE TRANSFER THE 95 FLEETWOOD IS OWED TO APPELLANT MARYANN CASTRO AND SHE HAS SUBMITTED TO THE COURT IN BEXAR COUNTY THE PROOF AND HAS SUBMITTED TO THE HERNANDEZ 30 DAY NOTICE TO PAY OR REPOSSESSION WILL TAKE PLACE APPELLANT MARYANN CASTRO IS NEEDING THE HELP OF THE COURT TO GRANT APPELLANT MARYANN CASTRO THE PERMISSION AND IS NEEDING ALIMONY TO PAY THE UNPAID TAXES SEE COPY SHE CANNOT PAY THE DEBTS OWED BY APPELLEE MANUEL CASTRO APPELLANT MARYANN CASTRO IS DISABLED AND ON A FIX INCOME SEE SOCIAL SECURITY STATEMENT

M) THERE ARE TAXES THAT NEED TO BE PAID APPELLEE MANUEL CASTRO OWES TO THE MOBILE HOME AND TO THE COMMUNITY AT 1501 OLIVE SHE HAS TRIED TO COMMUNITCATE WITH APPELLEE MANUEL CASTRO ABOUT THESE MATTERS AND HE REFUSES TO SUPPORT KNOWING THE COUNTY OF ATASCOSA CAN LEGALLY ENFORCE AND NOTICES HAVE BEEN SENT TO ENFORCE ON THE COMMUNITY APPELLANT MARYANN CASTRO HAS BEEN PAYING MONTHLY THE TAXES THAT ARE OWED BY BOTH APPELLEE MANUEL CASTRO NEEDS THE ALIMONY SUPPORT OF APPELLEE MANUEL CASTRO $\bar{T} \bar{O}$ APPELLANT MARYANN CASTRO IS DISABLED AND NOT EMPLOYED APPELLANT MARYANN CASTRO CURRENTLY UNDER DOCTORS CARE.

M) FRAUD ON THE COMMUNITY AND MARTIAL ASSET A FIDUCIARY DUTY EXISTS BETWEEN THE SPOUSES REGARDING THE COMMUNITY PROPERTY AND APPELLEE MANUEL CASTRO DID CONSPIRE TO COMMIT FRAUD WITH THE AIDE OF HIS MISTRESS NON SPOUSE CHRISTINA PACHECO BY PRESENTING TO THE COURT A FALSIFIED COMPARTIVE MARKET ANALYSIS REALTORS OPINION AND IT SAYS NOT TO BE USED AS AN APPRAISAL IT'S A REALTORS OPINION AND IT WAS USED TO TRY TO FALSELY GAIN FRAUD EQUITY IN THE AMOUNT OF 125,000 TO POCKET 40,000 WHEN THE HOME CERTIFIED VALUE IS 225,000 NOT THE REALTORS OPINION PRESENTED ON OCT 30,2013 THE REALTORS OPINION IS 351,375 THERE ARE ONLY 3 HOMES IN THE AREA AND APPELLEE MANUEL CASTRO KNEW THIS

*9 AND KNEW THE REALTORS OPINION SET UP BY HIS MISTRESS CHRISTINA PACHECO WAS INCORRECT APPELLEE MANUEL CASTRO DID THIS TO HARM APPELLANT MARYANN CASTRO AND IT DID MISREPRESENTING THE COMMUNITY VALUE USING A REALTORS OPINION INSTEAD OF APPELLANT MARYANN CASTRO CERTIFIED APPRAISAL 225,000 A FIDUCIARY DUTY EXISTS BETWEEN THE SPOUSES AND APPELLEE MANUEL CASTRO WAS ALLOWING THE MISTRESS TO HARM APPELLANT MARYANN CASTRO WITH THE REALTORS OPINION BY BEING DISHONEST IN OVERVALUING THE COMMUNITY 1501 OLIVE ST 125,000 THE MARTIAL PROPERTY THAT WAS SHARED BETWEEN APPELLEE MANUEL CASTRO AND APPELLANT MARYANN CASTRO.( IN THE MARRIAGE OF MOORE 890.SW 2D 821,827,TEX-APP-AMARILLO 1994 NO WRIT)IT IS CONSTRUCTIVELY FRAUD WHEN ONE SPOUSE DISPOSE OF THE OTHER SPOUSE INTEREST IN THE COMMUNITY WITHOUT THE CONCENT OF THE OTHER SPOUSE APPELLEE MANUEL CASTRO MISTRESS SENT TEXT TO APPELLANT MARYANN CASTRO SAYING N)THE FOLLOWING TEXT WAS SENT TO APPELLANT MARYANN CASTRO BY $3^{RD}$ PARTY NON SPOUSE CHRISTINA PACHECO GREENTREE SOLD HERNANDEZ MOBILE HOME FOR 7000 AND TITLE TRANSFER NO PAPERWORK THIS WAS A LIE APPELLANT MARYANN CASTRO JUST DISCOVERED THE TRUTH 6/2015 THE $3^{RD}$ PARTY NONSPOUSE MISTRESS CHRISTINA PACHECO KEPT SENDING TEXT MESSAGES TO APPELLANT MARYANN CASTRO PRETENDING TO BE APPELLEE MANUEL CASTRO SELL THE HOME THAT WAS SHARED BY APPELLEE MANUEL CASTRO AND APPELLANT MARYANN CASTRO $3^{RD}$ PARTY NONSPOUSE MISTRESS CHRISTINA PACHECO CONSPIRED TO DISPOSE A MARTIAL ASSET THAT DID NOT BELONG TO HER VALUED AT ALMOST 20,000 SEE TAX VALUE AND WAS TRYING TO SELL APPELLANT MARYANN CASTRO MARTIAL HOME BY USING HER AFFAIR WITH APPELLEE MANUEL CASTRO AND COMMUNICATING WITH COUNSEL JOSEPH APPELT WHO FILED A MOTION TO ENFORCE SELL BY ENFORCING A REALTOR WHO SET UP THE FRAUD IN OVERVALUING THE COMMUNITY AT OVER 125,000 IT WAS DENIED WITH DISRESPECT TO APPELLANT MARYANN CASTRO SHE WAS DISPOSING ATTEMPTING TO DISPOSE AN ASSET THAT HAS VALUE AND THE MARTIAL HOME 1501 OLIVE APPELLANT MARYANN CASTRO SHARED WITH APPELLEE MANUEL CASTRO THE $3^{RD}$ PARTY MISTRESS WAS CONSPIRING TO STEAL,40,000 WITH APPELLEE MANUEL CASTRO AIDING 0)ATASCOSA COUNTY HAS A TAX LEIN 2013,2014 TOTAL DUE 734.71 ON THE 95 FLEETWOOD DOUBLEWIDE SEE COPY .APPELLANT MARYANN CASTRO HAS MADE CONTACT WITH THE URBAN HOUSING AND DEVELOPMENT TO ASSURE THE TITTLE HAD NOT BEEN TAMPERED WITH AND IT HAS NOT IT WILL NOT BE RELEASED TO ANYONE OTHER THAT APPELLANT MARYANN CASTRO AND THE TITTLE WILL NOT BE RELEASED UNTIL THE TAXES ARE PAID 2013,2014 AND THEREFORE HAVE TWO LEINS AS OF 6/14/2015 APPELLEE MANUEL CASTRO HAS BEEN NOTIFIED APPELLANT MARYANN CASTRO NEEDS TO ALIMONY TO MAINTAIN HER COST OF LIVING IT WAS APPELLEE MANUEL CASTRO WHO COMMITED ADULTERY, AND FRAUD AND HAS NOT SUPPORTED APPELLANT MARYANN CASTRO OR THE DEBT THAT OCCURRED IN THE MARRIAGE OF MANUEL AND MARYANN CASTRO APPELLANT MARYANN CASTRO IS DISABLED AND CANNOT SUPPORT THE MARTIAL DEBTS OCCURRED IN THE MARRIAGE OF MANUEL AND MARYANN CASTRO BY HERSELF APPELLEE MANUEL CASTRO MAKES MORE

*10 MONEY THAN APPELLANT MARYANN CASTRO APPELLEE MANUEL CASTRO DID CAUSE THE MARTIAL DEBTS TOO AND SHOULD BE HELD LIABLE LIKE THE UNPAID MORTGAGE HE FAILED TO PAY THAT WAS TO BE PAID TO SUPPORT APPELLANT MARYANN CASTRO INSTEAD HE USED THE COMMUNITY FUNDS TO SUPPORT HIS EXTRA MARTIAL AFFAIR WITH $3^{RD}$ PARTY MISTRESS NON SPOUSE CHRISTINA PACHECO SEE TEXT SENT TO APPELLANT MARYANN CASTRO BY THE $3^{RD}$ PARTY NON SPOUSE MISTRESS CHRISTINA PACHECO NO WORK NO MONEY NO HOUSE PAYMENT COURT OR NOT SORRY NOW IS THAT NOT DISRESPECTING THE COURT AND THE SPOUSE OF APPELLEE MANUEL CASTRO THE PAYMENTS WERE COURT ORDER AND APPELLEE MANUEL CASTRO WAS AIDING THE $3^{RD}$ PARTY MISTRESS CHRISTINA PACHECO IN FRAUD,DISPOSING A MARTIAL ASSET,HIDING MARTIAL ASSETS, AND HARRASSING APPELLANT MARYANN CASTRO ONLY TO HARM HER. APPELLANT MARYANN CASTRO IS ASKING THE COURT TO REFUND HER FOR THE UNPAID MORTGAGE THAT APPELLEE MANUEL CASTRO DID NOT PAY THAT WAS SUPPORT FOR APPELLANT MARYANN CASTRO SEE BSI STATEMENT APPELLEE MANUEL CASTRO MISTRESS CHRISTINA PACHECO ATTEMPTED TO DISPOSE THIS MARTIAL ASSET THAT HAS INTEREST TO APPELLANT MARYANN CASTRO AND IS A MARTIAL ASSET THIS WAS DONE TO HARM APPELLANT MARYANN CASTRO.

PJJOHNSON CONTROL RETIREMENT AND ALIMONY.APPELLANT MARYANN CASTRO DID NOT GIVE UP HER RIGHT TO ALIMONY AND THE MARTIAL ASSET JOHNSON CONTROL RETIREMENT IN THE AMOUNT OF 11,000 AND IS REQUSTING THE APPEALS COURT FOR 10,000 FOR THE MORTGAGE ALIMONY FOR SUPPORT IN THE AMOUNT OF 1500 MONTHLY TO BE PAYROLL DEDUCTED WEEKLY IN THE AMOUNT OF 375 APPELLANT MARYANN CASTRO IS DISABLED AND WAS THE SPOUSE OF APPELLEE MANUEL CASTRO FOR 29 COUNSEL JOSEPH APPELT TAMPERED WITH THE AGREEMENT TO CAUSE HARM TO APPELLANT MARYANN CASTRO THE AGREEMENT FOR FINAL DIVORCE SIGNED OCT 30,2013 AND THAT IS WHY THE AGREEMENT FOR FINAL DIVORCE NEEDS TO BE REOPENED AND MODIFIED APPELLEE MANUEL CASTRO AND COUSEL JOSEPH APPELT AND $3^{RD}$ PARTY NON SPOUSE MISTRESS CHRISTINA PACHECO DID HARM APPELLANT MARYANN CASTRO WITH FRAUD. n. Plades $⟶$ 99 SUBARU APPELLANT MARYANN CASTRO DID NOT GIVE UP HER RIGHT TO THIS MARTIAL ASSET ITS NOT EVEN IN THE AGREEMENT FOR FINAL DIVORCE IT WAS HIDDEN FROM HER AND IS ASKING THE COURT TO RETURN THE 99 SUBARUTO APPELLANT MARYANN CASTRO APPELLEE MANUEL CASTRO WAS GIVEN A 99 FORD COUNTOUR AND STATES THE FOLLOWING IT WAS STOLEN OR BROKEN IN MEDIATION SHE WAS TOLD THIS AND NO POLICE REPORT FILED CAUSING A LOSS IN A MARTIAL ASSET AND DID NOT NOTIFY THE POLICE BUT THE MISTRESS WAS SENDING TEXT TO APPELLANT MARYANN CASTRO FOR TITTLE APPELLANT MARYANN CASTRO NEVER HANDED THE MISTRESS THE TITTLE WHO WAS PRETENIDING TO BE APPELLEE MANUEL CASTRO THE 99 COUNTOUR WAS SOLD TO PAY FOR THE MISTRESS DIVORCE APPELLLEE MANUEL CASTRO AIDED HER IN STEALING FROM APPELLANT MARYANN CASTRO.

*11 KEOGH PLAN PENSION APPELLANT MARYANN CASTRO DID NOT GIVE UP HER RIGHT TO THIS ASSET THAT WAS HIDDEN FROM HER ITS NOT EVEN IN THE AGREEMENT FOR FINAL DIVORCE APPELLANT MARYANN CASTRO WANTS HER SHARE SHE IS ENTITLED TO.

Q) DEBTS THAT OCCURRED WITHIN THE MARRIAGE OF MANUEL AND MARYANN CASTRO APPELLANT MARYANN CASTRO PRAYS FOR THE COURT TO GRANT HER 1500 ALIMONY THE SUPPORT THAT IS NEEDED TO MAINTAIN A COST OF LIVING APPELLANT IS DISABLED AND BECAME DISABLED WITHIN THE MARRIAGE OF MANUEL AND MARYANN CASTRO 29 YEARS AND PREJUDICE WAS BROUGHT UPON HER DISABILITY RIGHTS AS A DISABLED SPOUSE IN A MARRIAGE THAT EXCEEDED IN OVER 10 YEARS AND ENDED DUE TO APPELLEE MANUEL CASTRO CARRYING AN EXTRA MARTIAL AFFAIR WITH $3^{RD}$ PARTY NON SPOUSE MISTRESS CHRISTINA PACHECO LISTED IN THIS LAWSUITE IN THE AGREEMENT FOR FINAL DIVORCE APPELLANT MARYANN CASTRO SOCIAL SECURITY HAS DROPPED TO DUE THE NONSUPPORT OF APPELLEE MANUEL CASTRO WHERE SHE HAS BEEN THE ONLY ONE SUPPORTING THE MARTIAL HOME PREVENTING FORECLOSURE FROM THE BANK AND THE ATACOSA TAX OFFICE BY FUNDING THE EXPENSE THAT APPELLEE MANUEL CASTRO IGNORES AND REFUSES TO PAY AND SUPPORT A DEBT THAT WAS CAUSED BY HIS DISHONESTY IN THE AGREEMENT FOR FINAL DIVORCE SIGNED OCT 30, 2013. BREACH OF FIDUCIARY DUTY BY FRAUD SEPT 1, 2011 THE TEXAS LEGISLATURE ADDED7.009 TO THE TEXAS FAMILY CODE WHICH MANDATES COURTS TO RECONSTITUTE THE COMMUNITY ESTATE UPON FINDING FRAUD. IN ADDITION, ACTS BY EITHER SPOUSE RESULTING IN EXCESSIVE OR ABNORMAL EXPENDITURES,DESTRUCTION, CONCEALMENT,OR FRAUDULENT DISPOSITION OF COMMUNITY PROPERTY, JOINT TENANCY, OR OTHER PROPERTY HELD IN COMMON IS A FACTOR FOR A COURT TO CONSIDER IN AWARDING SPOUSAL MAINTENCE. WHAT CONSTITUTES FRAUD A. SPRICK V. SPRICK ,25 S.W. 3D 7(TEX.APP-EL PASO 1999,PET.DENIED)COMMUNITY FUNDS EXPENDED ON PARAMOURS MATERIAL THAT WAS MISREPRESENTED ACTUAL FRAUD STONEV. LAWYERS TITLE INSURANCE CORP., 554 S.W.2D 183,185(TEX 1977) A BREACH OF FIDUCIARY DUTY IS FREQUENTLY TERMED AS FRAUD ON THE COMMUNITY IN RE MARRIAGE OF MOORE, 890 S.E.2D 821,827(TEX.APP-AMARILLO 1994,NO WRIT) CONSTRUCTIVE FRAUD INCLUDES ACTIONS OF ONE SPOUSE UNFAIRLY DISPOSING OF OR ENCUMBERING THE OTHER SPOUSE INTEREST IN COMMUNITY PROPERTY OR UNFAIRLY INCURRING COMMUNITY INDEBTNESS WITHOUT THE OTHER SPOUSES KNOWLEDGE OR CONCENT. MASSEY V.MASSEY,807 S.W. 2D 391,402(TEX.APP-HOUSTON[1 $^{ST}$ DISTRICT]1991)WRIT DENIED,867 S.W. 2D 766(TEX.1993)CONFIDENCES THAT EXIST AS A RESULT OF THE MARRIAGE.ID.AT 827.

THE FOLLOWING DEBTS OCCURRED IN THE MARRIAGE OF MANUEL AND MARYANN CASTRO MORTGAGE UNPAID ARREARS SEE BSI STATEMENT- SEE STATEMENT APPELLEE MANUEL CASTRO OWES THE DEBT AND CAUSED THE DEBT TO EXCEED DUE TO HIS DISHONESTY.

*12

TAXES 95 FLEETWOOD 2013,378.81 2014 355.90 SEE STATEMENT 1501 OLIVE MARTIAL HOME BALANCE FOR 2013-5725 SEE STATEMENT APPELLANT MARYANN CASTRO PAID 900 DID NOT KNOW TAXES WERE NOT BEING PAID AND DID NOTIFY APPELLEE MANUEL CASTRO. ATTORNEY FEES COST 20,000 IN 3 YEARS APPELLANT MARYANN CASTRO HAS PAID FOR APPELLEE MANUEL CASTRO DISHONESTY AND EXTRA MARTIAL AFFAIR PRAYS FOR THE COURT TO REFUND HER FOR IT WAS MANUEL CASTRO WHO COMMITED FRAUD AND ADULTERY WITH THE $3^{RD}$ PARTY NON SPOUSE MISTRESS CHRISTINA PACHECO APPELLANT MARYANN IS NOT EMPLOYED AND HAS DISABILTY INCOME IN THE AMOUNT OF 854 MONTHLY AND PRAYS THE COURT TO GRANT HER ALIMONY SPOUSAL MAINTENCE IN THE AMOUNT OF 1500 MONTHLY. STUDENT LOAN DEBT IN THE AMOUNT OF 35,000 THIS WAS USED WITHIN THE MARRIAGE OF MANUEL AND MARYANN CASTRO AND IS INDEFFERMENT SEE COPY TOTAL DEBT AS OF JUNE 16,2015 TOTALS TO THE AMOUNT OF 116,459.71 APPELLANT MARYANN CASTRO NEEDS THE SUPPORT OF APPELLEE MANUEL CASTRO APPELLEE MANUEL CASTRO HAS CAUSED THIS DEBT AND HAS NOT SUPPORTED THE COMMUNITY IN THE MARRIAGE OF MANUEL AND MARYANN CASTRO THAT ENDED WHEN HE BEGAN HIS EXTRA MARTIAL AFFAIR ON OR ABOUT JULY 3,2011 AND HAS BEEN USING THE COMMUNITY FUNDS TO FUND HIS EXTRA MARTIAL AFFAIR WITH $3^{RD}$ PARTY NON SPOUSE MISTRESS CHRISTINA PACHECO.APPELLANT MARYANN CASTRO PRAYS FOR THE COURT TO GRANT HER SUPPORT ALIMONY IN THE AMOUNT OF 1500 MONTHLY TO BE PAYROLL DEDUCTED WEEKLY APPELLEE MANUEL CASTRO HAD A FIDUCIARY DUTY TO APPELLANT MARYANN CASTRO AND APPELLEE MANUEL CASTRO COMMITED CONSTRUCTIVE FRAUD TO DECEIVE APPELLANT MARYANN CASTRO AND VIOLATED THE CONFIDENCE TO INJURE APPELLANT MARYANN CASTRO.

RELIEF FROM AGREEMENT

THE PURPOSE WAS TO DEFRAUD APPELLANT MARYANN CASTRO OUT OF THE FOLLOWING HER HOMESTEAD THE MARTIAL HOME SHE HAS RESIDED AT SINCE 1995 APPELLEE MANUEL CASTRO AND COUNSEL JOSEPH APPELT KNEW THE COMMUNITY WAS IN JEPORDY OF FORCLOSURE AND HAD THE MARTIAL HOME IN ACTIVE BANKRUPTCY ON OCT 30,2013.CHANGE OF ADDRESS REMOVE APPELLANT MARYANN CASTRO NAME FROM CONTACT PERSON WELLS FARGO NOTIFIED APPELLANT MARYANN CASTRO THAT CHRISTINA PACHECO HAD TOLD THEM THE FOLLOWING REMOVE APPELLANT MARYANN CASTRO NAME APPELLEE MANUEL CASTRO DIVORCE HER AND THIS WAS WHEN APPELLANT MARYANN CASTRO HAD BEEN IN CONTACT WITH BANK CHECKING STATUS OF A LOAN MODIFICATION TO LOWER MORTGAGE PAYMENT IT WAS 1789.45 AND WHEN APPELLANT MARYANN CASTRO

*13 WAS NOTIFIED SHE WAS TOLD THAT THE REPRESENATIVE DESIREE DID TELL CHRISTINA PACHECO APPELLANT MARYANN CASTRO NEEDS TO SEND IN A LETTER OF REQUEST DESIREE WAS THE CONTACT PERSON THIS WAS DONE ABOUT 8/2012 AND THE NON SPOUSE MISTRESS CHRISTINA PACHECO SENT PICTURE TO APPELLANT MARYANN CASTRO VIA PICTURE SHOWING HER NAME REMOVED AND SENT NOTICE TO WELLSFARGO FORGING APPELLANT MARYANN CASTRO NAME AND APPELLEE MANUEL CASTRO NAME AND MAIL FOWARDED TO APPELLEE MANUEL CASTRO SISTER LEILA SILVA OF ELMINDORF WHO ALSO WAS INVOLVED IN HARMING APPELLANT MARYANN CASTRO OF HER INTEREST IN THE MARTIAL HOME 1502 OLIVE. THE NON SPOUSE MISTRESS ALSO SENT TEXT TO APPELLANT MARYANN CASTRO QUESTIONING HER ABOUT DOCUMENT IS NEEDED FOR MODIFICATION BY BSI SEE TEXT ALSO CALLING HER NASTY NAMES THE MISTRESS CHRISTINA PACHECO CONSPIRED TO COMMIT FRAUD OF PROPERTY THAT IS IN THE MARRIAGE OF MANUEL AND MARYANN CASTRO TO CAUSE HARM TO APPELLANT MARYANN CASTRO WITH THE AIDE OF APPELLEE MANUEL CASTRO WHO ALLOWED THIS TO INTENTIONALLY HARM APPELLANT MARYANN CASTRO WITH FRAUD. APPELLEE MANUEL CASTRO MISTRESS CHRISTINA PACHECO HAS NO INTEREST IN ANY OF THE ASSETS, MARTIAL HOME 1501 OLIVE, 95 FLEETWOOD MOBILE JOHNSON CONTROL AND KEOGH RETIREMENT AND 99 SUBARU THAT WAS IN THE MARRIAGE OF MANUEL AND MARYANN CASTRO THE MISTRESS HAS CONSPIRED IN FRAUD, THEFT, FORGERY, MAILFRAUD AND APPELLEE MANUEL CASTRO AIDED IN CRUELTY TO HARM APPELLANT MARYANN CASTRO DUE TO HIS EXTRA MARTIAL AFFAIR WITH CHRISITNA PACHECO FOR IT WAS APPELLEE MANUEL CASTRO WHO COMMITED ADULTERY.

APPELLEE MANUEL CASTRO PUT THE COMMUNITY IN BANKRUPTCY WITH THE RISK OF FORECLOSURE KNOWING HE WAS NOT MAKING THE MORTGAGE PAYMENTS AND JEPORADIZING THE INTERST OF APPELLANT MARYANN CASTRO TO HARM HER ON JAN 6,2015 APPELLANT MARYANN CASTRO STOPPED FORECLOSURE FROM BSI APPELLEE MANUEL CASTRO DID NOTHING HE WAS GOING TO ALLOW FORECLOSURE KNOWING APPELLANT MARYANN CASTRO INTERST WOULD BE JEPORADIZE AND WOULD BE HOMELESS BSI BANK LOWERED MORTGAGE TO 1600 BUT WANTED ARREARS ABOUT 45,000 SEE EMAIL FROM ATTORNEY MATTHEW OBREMIER WHO HAS BEEN RETAINED TO PROTECT APPELLANT MARYANN CASTRO INTERST IN THE MARTIAL HOME THAT SHE SHARED WITH APPELLEE MANUEL CASTRO BSI BANK SOLD NOTE TO SN SERVICING AND APPELLANT MARYANN CASTRO HAS SUBMITTED A LOAN MODIFICATION APPLICATION TO LOWER THE MORTGAGE AS OF NOW ITS 1600 APPELLANT MARYANN CASTRO IS NEEDING ALIMONY SUPPORT BY APPELLEE MANUEL CASTRO THAT SHOULD HAVE BEEN ENTERED OCT 30, 2013 APPELLANT MARYANN CASTRO INTEREST IS STILL AT RISK DUE TO NON PAYMENT OF MORTGAGE PRIOR TO APPELLANT, MARYANN CASTRO BEING AWARDED THE MARTIAL HOME 1501 OLIVE APPELLEE MANUEL CASTRO HAD THE HOME IN ACTIVE BANKRUPTCY AND WAS NOT PAYING THE MORTGAGE APPELLEE MANUEL CASTRO WAS PUTTING THE UNPAID DEBT HE WAS TO HAVE PAID ON APPELLANT MARYANN CASTRO BY HIDING FROM THE COURT THE

*14

BANKRUPTCY ACTIVE AND NON PAYMENT OF MORTGAGE AND THIS WAS DONE TO HARM APPELLANT MARYANN CASTRO APPELLEE MANUEL CASTRO OVERVALUED THE COMMUNITY USING A REALTORS OPINION TO HARM APPELLANT MARYANN CASTRO AND IT DID ALMOST LOOSING THE MARTIAL HOME TO FORECLOSURE ON 1/6/2015 APPELLLANT MARYANN CASTRO HAS DISCUSSED WITH APPELLEE MANUEL CASTRO THE MATTERS OF THE MORTGAGE, TAXES, INSURANCE NEEDING SUPPORT AND HE REFUSES SAYS HE HAS NO MONEY HE IS A WELDER AND MAKES 21 HOURLY WORKS OVERTIME AND OWES A HIGH DOLLAR AMOUNT ON THE MORTGAGE HE DID NOT PAY IT IS A DEBT HE CAUSED BY BEING DISHONEST AND CARRYING AN EXTRA MARTIAL AFFAIR WHEN APPELLEE KNEW IT WAS COURT ORDER TO PAY. APPELLLEE MANUEL CASTRO HAS BEEN USING THE COMMUNITY FUNDS TO FUND HIS AFFAIR WITH MISTRESS CHRISTINA PACHECO WHO IS EMPLOYED AND HAS A HOME HE HAS BEEN LIVING WITH HER DURING THE MARRIAGE OF MANUEL AND MARYANN CASTRO WHICH ENDED DUE JULY 2011 APPELLEE MANUEL CASTRO COMMITED ADULTERY WITH NON SPOUSE MISTRESS CHRISTINA PACHECO WHO IS PART OF THIS LAWSUITE AND NOT ENTITLED TO ANY MONETARY FUNDS RETIREMENT KEOGH PENSION PLAN JOHNSON CONTROL RETIREMENT ASSETS 95 FLEETWOOD MOBILE HOME,99 SUBARU,1501 OLIVE ST THE MARTIAL HOME WHERE APPELLANT MARYANN CASTRO LIVES AND WAS AWARDED UNDER MISREPRESENTATION THAT HOME WAS BEING PAID AND APPELLEE MANUEL CASTRO HAD THE MARTIAL HOME IN ACTIVE BANKRUPTCY ON THE DAY THE AGREEMENT FOR FINAL DIVORCE WAS SIGNED OCT 30,2013.

THE PRAYER APPELLANT REQUEST

REOPEN THE DIVORCE AGREEMENT AMEND MODIFY REWRITE THE AGREEMENT FOR FINAL DIVORCE TO A JUST AND RIGHT DIVORCE DECREE APPELLANT MARYANN CASTRO WAS HARMED AND THE APPELLANT BRIEF HAS STATES HER REQUEST AND TO INCLUDE 95 FLEETWOOD DOUBLEWIDE A MARTIAL ASSET THAT WAS HIDDEN FROM HER DISCOVERED 6/2015

*15 APPELLANT MARYANN CASTRO PRAYS FOR RELIEF SHE WILL ACCEPT THE AWARD OF THE MARTIAL HOME BUT NEEDS THE SUPPORT OF ALIMONY FOR COST OF LIVING IN THE AMOUNT OF 1500 MONTLY IT WAS APPELLANT MARYANN CASTRO'STHE ONLY WHO HAS PREVENTED FORECLOSURE AND PROTECTED HER INTERST IN THE RESIDENCE 1501 OLIVE WHILE APPELLEE MANUEL CASTRO WAS CARRYING ON HIS EXTRA MARTIAL AFFAIR WITH $3^{RD}$ PARTY NON SPOUSE MISTRESS CHRISTINA PACHECO.

APPELLANT MARYANN CASTRO PRAYS FOR JUSTICE AND THE RELIEF SHE IS ENTITLED TO.

RESPECTFULLY MARYANN CASTRO PRO-SE APPELLANT 1501 OLIVE JOURDANTON TEXAS 78026 PACATTITUDE 2014@GMAIL.COM 830-496-0133 SENT 6/16/2015 AND DELIVERED TO APPELLEE MANUEL CASTRO AT 624 W. GOODWIN PLEASANTON TEXAS 78026 BY NATALIE LUGO

*16 In the matter of the matoughed Manuel Castor yound May 24mm Castro New Spave Respondent The Pashese agreement for final Divorce

On the 30 day of october, 2013, came on to be heard the above styled and numbered cause of action.

Pertioner and Respondent appeared in person and announced ready. After conference, the parties reached an agreement on the terms and conditions set forth below.

By the signatures below the parties acknowledge that the same number of the percutive understanding and accord of the parties in consent that the Council of the State of the Republic of the United States's inter binding orders in accordance with this agreement.

Grounds: I've adnialble differnces
Property Award Retitioner Manuel Castro Guardalice of his 401E resultant from employment of American controls and by assistance of his reduced equity as an offeset in interest in property located at 1500 olive street, Joradanton Texas 78026. (6) Auvided 140,000 in equity of the home located at 1501 olive street, Joradanton Texas at time of refinancing but no later than February 18,2014 11:50 am. (9) All personal property in his possession of single at 1501 olive street, Joradanton Texas 78026. (10) Auvided 140,000 in equity of the home residence located at 1501 olive street, Joradanton Texas 78026 subject to 140,000 equality award to husband and any and all contents in home and her possession and subject to her control. (11) the animals in her possession.
Debts: Each party is responsible for the debts in their name.
Each party pouns two athoney fees +cont associated with this fitential. Many Pan Castro is responsible for the mortgage + related expenses of the home awarded to him at 1501 olive street, Joradanton Texas 78026. Manuel Castro responsible for his hardship by payment

*17

CAUSE NO. 2011 - 01-16957 Page Temporary/Permanent Injunction: NOALimony AWARDS All parties agree in goodfacts to corporate in overiteall documents necessary to effectute the desired intent and comment of the partur. All parties fither agree to no impede or otherwise interier with many non castro's attempts to refirance the nav act 1500 othive street tiontortort theses reoos.

See Attachment Apt for other terms

SIGNED and ENTERED on this 30 day of Octobere 2013

JUDGE PRESIDING, Dovid Canales

APPROVED AS TO FORM:

OnkOmeiradOa

Attorney for Retitioner JOSEON Aspealt TEN: 00784864

APPROVED AS TO FORM AND SUBSTANCE:

(Please provide complete mailing address below.)

Coly /plake / Zipeode

$830 / 570 - 5870$ Telephone Number If Respondent or Petitioner is unrepresented, always include a mailing address.

*18 The pasties retain their position and rigors to assert any and alle claims and of defeness pastains to the fausuit, whelping the mobile buntic w/ open the seuncing.

*19

*20

IN THE MATTER OF THE MARRIAGE OF MANUEL G. CASTRO AND MARY ANN CASTRO

11 OCT 12 AM 9:50 IN THE DISTRICT COURT DEPUYY $\frac{5}{5}$ $\frac{5}{5}$ 45TH JUDICIAL DISTRICT $\frac{5}{5}$ BEXAR COUNTY, TEXAS

ORIGINAL COUNTERPETITION FOR DIVORCE

Discovery Level

Discovery in this case is intended to be conducted under level 2 of rule 190 of the Texas Rules of Civil Procedure. 2. Parties

This suit is brought by MARY ANN CASTRO, Counterpetitioner. The last three numbers of MARY ANN CASTRO's driver's license number are 756. The last three numbers of MARY ANN CASTRO's Social Security number are $\frac{755}{575}$ .

MANUEL G. CASTRO is Counterrespondent. 3. Domicile

Counterpetitioner has been a domiciliary of Texas for the preceding six-month period and a resident of this county for the preceding ninety-day period. 4. Service

Service of this document may be had in accordance with Rule 21a, Texas Rules of Civil Procedure, by serving Counterrespondent's attorney of record, JOSEPH P. APPELT, JR., 5825 Callaghan Rd, 104, San Antonio, Texas 78228 in open court.

*21

Protective Order Statement

No protective order under title 4 of the Texas Family Code is in effect, and no application for a protective order is pending with regard to the parties to this suit.

Dates of Marriage and Separation

The parties were married on or about July 21, 1984 and ceased to live together as husband and wife on or about July 3, 2011.

Grounds for Divorce

The marriage has become insupportable because of discord or conflict of personalities between Counterpetitioner and Counterrespondent that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation.

Counterrespondent is guilty of cruel treatment toward Counterpetitioner of a nature that renders further living together insupportable.

Counterrespondent has committed adultery.

Child of the Marriage

There is no child born or adopted of this marriage, and none is expected.

Marital-Property Agreement

Counterpetitioner and Counterrespondent will likely enter into a marital-property agreement defining their rights to all their property, both community and separate. Counterpetitioner requests

*22 the Court to enforce the agreement and divide the marital estate in accordance with its terms. 10. Separate-Property Confirmation

Counterpetitioner owns certain separate property that is not part of the community estate of the parties, and Counterpetitioner requests the Court to confirm such separate property as Counterpetitioner's separate property and estate. 11. Reimbursement

Counterpetitioner requests the Court to reimburse Counterpetitioner's separate estate for funds or assets expended by Counterpetitioner's separate estate for the benefit of the community. Those expenditures resulted in a direct benefit to the community estate. Counterpetitioner's separate estate has not been adequately compensated for or benefited from the expenditure of those funds or assets, and a failure by the Court to allow reimbursement to Counterpetitioner's separate estate will result in an unjust enrichment of the community estate at the expense of Counterpetitioner's separate estate. 12. Postdivorce Maintenance

The Counterpetitioner also requests the Court to order that she be paid postdivorce maintenance for a reasonable period in accordance with chapter 8 of the Texas Family Code.

*23

Request for Temporary Orders

Counterpetitioner requests the Court to dispense with the issuance of a bond and after notice and hearing be temporarily enjoined, pending the further order of this Court, from:

Communicating with Counterpetitioner in person, by telephone, or in writing in vulgar, profane, obscene, or indecent language or in a coarse or offensive manner.
Threatening Counterpetitioner in person, by telephone, or in writing to take unlawful action against any person.
Placing one or more telephone calls, anonymously, at any unreasonable hour, in an offensive and repetitious manner, or without a legitimate purpose of communication.
Causing bodily injury to Counterpetitioner.
Threatening Counterpetitioner with imminent bodily injury.
Destroying, removing, concealing, encumbering, transferring, or otherwise harming or reducing the value of the property of one or both of the parties.
Falsifying any writing or record relating to the property of either party.
Misrepresenting or refusing to disclose to Counterpetitioner or to the Court, on proper request, the existence, amount, or location of any property of one or both of the parties.

*24

Damaging or destroying the tangible property of one or both of the parties, including any document that represents or embodies anything of value.
Tampering with the tangible property of one or both of the parties, including any document that represents or embodies anything of value, and causing pecuniary loss to Counterpetitioner.
Selling, transferring, assigning, mortgaging, encumbering, or in any other manner alienating any of the property of Counterpetitioner or Counterrespondent, whether personalty or realty, and whether separate or community, except as specifically authorized by order of this Court.
Incurring any indebtedness, other than legal expenses in connection with this suit, except as specifically authorized by order of this Court.
Making withdrawals from any checking or savings account in any financial institution for any purpose, except as specifically authorized by order of this Court.
Spending any sum of cash in Counterrespondent's possession or subject to Counterrespondent's control for any purpose, except as specifically authorized by order of this court.
Withdrawing or borrowing in any manner for any purpose from any retirement, profit-sharing, pension, death, or other employee benefit plan or employee savings plan or from any individual retirement account or Keogh account, except as

*25 specifically authorized by order of this Court. 16. Entering any safe-deposit box in the name of or subject to the control of Counterpetitioner or Counterrespondent, whether individually or jointly with others. 17. Withdrawing or borrowing in any manner all or any part of the cash surrender value of life insurance policies on the life of Counterpetitioner or Counterrespondent, except as specifically authorized by order of this Court. 18. Changing or in any manner altering the beneficiary designation on any life insurance on the life of Counterpetitioner or Counterrespondent. 19. Canceling, altering, failing to renew or pay premiums, or in any manner affecting the present level of coverage of any life, casualty, automobile, or health insurance policies insuring the parties' property or persons. 20. Opening or diverting mail addressed to Counterpetitioner. 21. Signing or endorsing Counterpetitioner's name on any negotiable instrument, check, or draft, such as tax refunds, insurance payments, and dividends, or attempting to negotiate any negotiable instrument payable to Counterpetitioner without the personal signature of Counterpetitioner. 22. Taking any action to terminate or limit credit or charge cards in the name of counterpetitioner.

*26

Discontinuing or reducing the withholding for federal income taxes on Counterrespondent's wages or salary while this case is pending.
Destroying, disposing of, or altering any financial records of the parties, including but not limited to records from financial institutions (including canceled checks and deposit slips), all records of credit purchases or cash advances, tax returns, and financial statements.
Destroying, disposing of, or altering any e-mail or other electronic data relevant to the subject matters of this case, whether stored on a hard drive or on a diskette or other electronic storage device.
Terminating or in any manner affecting the service of water, electricity, gas, telephone, cable television, or other contractual services, such as security, pest control, landscaping, or yard maintenance, at 1501 Olive, Jourdanton, Texas 78026; 6026 Hazel Valley, San Antonio, Texas 78242 and/or 665 N. General McMullen, San Antonio, Texas 78228 or in any manner attempting to withdraw any deposits for service in connection with those services.
Excluding Counterpetitioner from the use and enjoyment of the residence located at 1501 Olive, Jourdanton, Texas 78026; 6026 Hazel Valley, San Antonio, Texas 78242 and/or 665 N. General McMullen, San Antonio, Texas 78228.

*27

Entering, operating, or exercising control over the 2003 Saturn and 1998 Dodge Van in the possession of Counterpetitioner. Counterpetitioner requests that Counterrespondent be authorized only as follows:

To make expenditures and incur indebtedness for reasonable and necessary living expenses for food, clothing, shelter, transportation, and medical care.

To make expenditures and incur indebtedness for reasonable attorney's fees and expenses in connection with this suit.

To make withdrawals from accounts in financial institutions only for the purposes authorized by the Court's order.

Counterpetitioner requests that Counterrespondent be ordered as follows:

To make payments to the Counterpetitioner for the support of the Counterpetitioner pursuant to Texas Family Code $$ 6.502$ .

To make payments of reasonable interim attorney's fees and expenses to Counterpetitioner's attorney pursuant to Texas Family Code $$ 6.502$ . 14. Request for Temporary Orders Concerning Use of Property

Counterpetitioner requests the Court, after notice and hearing, for the preservation of the property and protection of the parties, to make temporary orders, and issue any appropriate temporary injunctions respecting the temporary use of the parties' property as deemed necessary and equitable, including but not

*28 limited to the following: Awarding Counterpetitioner exclusive use and control of the 2003 Saturn and 1998 Dodge Van and enjoining Counterrespondent from entering, operating, or exercising control over it.

Awarding Counterpetitioner the exclusive use of the following property and enjoining Counterrespondent from exercising possession or control of any of this property: her personal property, lawn tools, and any other items the Court deems appropriate. 15. Request for Temporary Orders for Discovery and Ancillary Relief

Counterpetitioner requests the Court, after notice and hearing, for the preservation of the property and protection of the parties, to make temporary orders for discovery and ancillary relief as deemed necessary and equitable, including but not limited to the following:

Ordering Counterrespondent to provide a sworn inventory and appraisement of all the separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties substantially in the form and detail prescribed by the Texas Family Law Practice Manual ( $3^{rd}$ ed), form 7-1; 16. Attorney's Fees, Expenses, Costs, and Interest

It was necessary for Counterpetitioner to secure the services of EDWARD P. PIKER, JR., a licensed attorney, to prepare and prosecute this suit. To effect an equitable division of the estate

*29 of the parties and as a part of the division, judgment for attorney's fees, expenses, and costs through trial and appeal should be granted against Counterrespondent and in favor of Counterpetitioner for the use and benefit of Counterpetitioner's attorney; or, in the alternative, Counterpetitioner requests that reasonable attorney's fees, expenses, and costs through trial and appeal be taxed as costs and be ordered paid directly to Counterpetitioner's attorney, who may enforce the order in the attorney's own name. Counterpetitioner requests postjudgment interest as allowed by law.

Prayer

Counterpetitioner prays that citation and notice issue as required by law and that the Court grant a divorce and all other relief requested in this counterpetition.

Counterpetitioner prays that the Court, after notice and hearing, grant this request for a temporary injunction.

Counterpetitioner prays for attorney's fees, expenses, costs, and interest as requested above.

Counterpetitioner prays for general relief.

Respectfully submitted,

Edward P. Piker, Jr. 315 S. Main Ave. San Antonio, Texas 78204 Tel: (210) 226-0026 Fax: (210) 226-8402

*30

UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

In re: MANUEL GUADALUPE CASTRO JR. Debtor(s)

CHAPTER 13 STANDING TRUSTEE'S FINAL REPORT AND ACCOUNT

Mary K. Viegelahn, chapter 13 trustee, submits the following Final Report and Account of the administration of the estate pursuant to 11 U.S.C. § 1302(b)(1). The trustee declares as follows:

1) The case was filed on $08 / 31 / 2012$ . 2) The plan was confirmed on $11 / 26 / 2012$ . 3) The plan was modified by order after confirmation pursuant to 11 U.S.C. § 1329 on NA. 4) The trustee filed action to remedy default by the debtor in performance under the plan on NA. 5) The case was dismissed on $10 / 03 / 2014$ . 6) Number of months from filing to last payment: $\underset{―}{25}$ . 7) Number of months case was pending: $\underset{―}{33}$ . 8) Total value of assets abandoned by court order: NA. 9) Total value of assets exempted: $$ 15, 445.93$ . 10) Amount of unsecured claims discharged without payment: $$ 0.00$ . 11) All checks distributed by the trustee relating to this case have cleared the bank.

UST Form 101-13-FR-S (9/1/2009)

*31

Receiuts:

Total paid by or on behalf of the debtor Less amount refunded to debtor $20, 000.48$ $2,812.32

NET RECEIPTS: $17,188.16

Expenses of Administration:

Attorney's Fees Paid Through the Plan Court Costs Trustee Expenses &; Compensation Other TOTAL EXPENSES OF ADMINISTRATION: Attorney fees paid and disclosed by debtor: $500.00 $3,881.52 $500.00

Scheduled Creditors:

| Creditor Name | Class | Claim Scheduled | Claim
Asserted | Claim
Allowed | Principal Paid | Int. Paid | | :--: | :--: | :--: | :--: | :--: | :--: | :--: | | ATASCOSA COUNTY | Secured | 1,569.41 | 1,298.30 | 1,298.30 | 0.00 | 0.00 | | ATASCOSA COUNTY | Secured | 402.66 | 420.84 | 420.84 | 0.00 | 0.00 | | Bexar County Clerk | Unsecured | 798.00 | NA | NA | 0.00 | 0.00 | | BSI FINANCIAL SERVICES INC | Secured | 34,554.10 | 37,478.58 | 37,478.58 | 13,306.64 | 0.00 | | BSI FINANCIAL SERVICES INC | Secured | 222,286.00 | 251,847.20 | 251,847.20 | 0.00 | 0.00 | | Bus &; Prof Svc | Unsecured | 252.00 | NA | NA | 0.00 | 0.00 | | City Employees Federal | Unsecured | NA | NA | NA | 0.00 | 0.00 | | GENERATIONS FEDERAL CREDIT UN | Unsecured | 4,910.00 | 4,910.03 | 4,910.03 | 0.00 | 0.00 | | GENERATIONS FEDERAL CREDIT UN | Unsecured | 5,868.00 | 5,868.30 | 5,868.30 | 0.00 | 0.00 | | GENERATIONS FEDERAL CREDIT UN | Unsecured | 7,614.00 | 7,614.16 | 7,614.16 | 0.00 | 0.00 | | GREEN TREE SERVICING, LLC AS SE | Secured | 6,000.00 | 6,157.81 | 0.00 | 0.00 | 0.00 | | GREEN TREE SERVICING, LLC AS SE | Secured | 18,792.00 | 26,553.11 | 26,553.11 | 0.00 | 0.00 | | INTERNAL REVENUE SERVICE | Priority | 869.56 | 761.78 | 761.78 | 0.00 | 0.00 | | INTERNAL REVENUE SERVICE | Unsecured | NA | 126.95 | 126.95 | 0.00 | 0.00 | | Med Data Sys | Unsecured | 113.00 | NA | NA | 0.00 | 0.00 | | PALISADES ACQUISITION DX LLC | Unsecured | NA | 234.95 | 0.00 | 0.00 | 0.00 |

UST Form 101-13-FR-S (9/1/2009)

*32 | Summary of Disbursements to Creditors: | | | | | :--: | :--: | :--: | :--: | | | Claim | Principal | Interest | | | Allowed | Paid | Paid | | Secured Payments: | | | | | Mortgage Ongoing | $0.00 | $0.00 | $0.00 | | Mortgage Arrearage | $37,478.58 | $13,306.64 | $0.00 | | Debt Secured by Vehicle | $0.00 | $0.00 | $0.00 | | All Other Secured | $280,119.45 | $0.00 | $0.00 | | TOTAL SECURED: | $317,598.03 | $13,306.64 | $0.00 | | Priority Unsecured Payments: | | | | | Domestic Support Arrearage | $0.00 | $0.00 | $0.00 | | Domestic Support Ongoing | $0.00 | $0.00 | $0.00 | | All Other Priority | $761.78 | $0.00 | $0.00 | | TOTAL PRIORITY: | $761.78 | $0.00 | $0.00 | | GENERAL UNSECURED PAYMENTS: | $18,519.44 | $0.00 | $0.00 | | Disbursements: | | | | | Expenses of Administration | $3,881.52 | | | | Disbursements to Creditors | $13,306.64 | | | | TOTAL DISBURSEMENTS : | | | $17,188.16 |

12) The trustee certifies that, pursuant to Federal Rule of Bankruptcy Procedure 5009, the estate has been fully administered, the foregoing summary is true and complete, and all administrative matters for which the trustee is responsible have been completed. The trustee requests a final decree be entered that discharges the trustee and grants such other relief as may be just and proper.

Dated: 05/21/2015 By:/s/ Mary K. Viegelahn Trustee

STATEMENT: This Unified Form is associated with an open bankruptcy case, therefore, Paperwork Reduction Act exemption 5 C.F.R. § 1320.4(a)(2) applies.

UST Form 101-13-FR-S (9/1/2009)

*33

MANUEL G CASTRO JR
1501 OLIVE ST
JOURDANTON, TX 78026-2220
Loan Number:
44675
Property Address:
1501 OLIVE STREET
JOURDANTON, TX 78026

NOTICE OF DEFAULT AND INTENT TO ACCELERATE

Dear MANUEL G CASTRO JR:

This letter is formal notice by BSI Financial Services, Inc. (herein as "BSI") the Servicer of the above-referenced loan, on behalf of MLB SUB I, LLC that you are in default under the terms of the documents creating and securing your Loan described above, including the Note and Deed of Trust/Mortgage/Security Deed ("Security Instrument"), for failure to pay the amounts due.

The loan is due for $12 / 01 / 2011$ and subsequent payments, plus late charges, fees and costs. As of today, the total delinquency and reinstatement amount is $$ 73, 967.02$ , which consists of the following:

| Next Payment Due Date | | | :-- | --: | | Total Monthly Payments Due: | | | (35@$1,732.72) | | | Late Charges | $$ 4, 204.26$ | | Other Fees: | $$ 3, 395.00$ | | Unapplied Balance: | $$ 0.00$ | | TOTAL YOU MUST PAY TO CURE | $$ 73, 967.02$ |

It is possible that after payment of the amounts detailed above there may be other fees still due and owing, including but not limited to other fees, escrow advances or corporate advances that BSI paid on your behalf or advanced to your account.

This letter is a formal demand to pay $$ 73, 967.02$ . If the default, together with additional payments that subsequently become due, is not cured by $11 / 13 / 2014$ , BSI will accelerate the note so that the entire debt is immediately due and payable, and take steps to terminate your ownership in the property by a foreclosure proceeding or other action to seize the property.

IF YOU ARE UNABLE TO BRING YOUR ACCOUNT CURRENT, BSI offers consumer assistance programs designed to help resolve delinquencies and avoid FORECLOSURE. These services are provided without cost to our customers. You may be eligible for a loan workout plan or other similar alternatives. If you would like to learn more about these programs, you may contact the Loss Mitigation Department at (800) 327-7861, Monday-Wednesday 8 am to 8 pm EST, Thursday 8 am to 6 pm EST, Friday 8 am to 5 pm EST, Saturday 8 am to 12 pm EST. WE ARE VERY INTERESTED IN ASSISTING YOU.

The default above can be cured by payment of the total delinquency and reinstatement amount plus any

*34

Comparative Market Analysis

Property At:

Prepared For:
Manuel Castro
1501 Olive
Jourdanton, TX 78026

THE IS A BROKER PRICE OPINION OR COMPARATIVE MARKET ANALYSIS AND SHOULD NOT BE CONSIDERED AN APPRAISAL. In making any decision that relies upon my work, you should know that I have not followed the guidelines for development of an appraisal or analysis contained in the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation.

*35

Comparative Market Analysis

Property At: 1501 Olive Street

Prepared For:
Maryann Castro
1501 Olive Street
Jourdanton, TX 78026

Prepared By:
Karen Potts

Dowdy Real Estate, LLC

Office Phone: (830) 569-6883 Direct Line: (830) 569-6883 Personal Fax Number: Email: karen@dowdyrealestate.com

THIS IS A BROKER PRICE OPINION OR COMPARATIVE MARKET ANALYSIS AND SHOULD NOT BE CONSIDERED AN APPRAISAL making any decision that relies upon my work, you should know that I have not followed the guidelines for development of a appraisal or analysis contained in the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation.

*36

*37

Comparative Market Analysis

Property At:

Prepared For:
Manuel Castro
1501 Olive
Jourdanton, TX 78026

Office Phone: (830) 281-5263 Direct Line: (210) 347-7330 Personal Fax Number: (210) 569-6211 Email: marmolejoerchle@aol.com

THIS IS A BROKER PRICE OPINION OR COMPARATIVE MARKET ANALYSIS AND SHOULD NOT BE CONSIDERED AN APPRAISAL. In making any decision that relies upon my work, you should know that I have not followed the guidelines for development of an appraisal or analysis contained in the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation.

*38

Seller's Statement
Property At:

Prepared For: Manuel Castro 1501 Olive Jourdanton, TX 78026

Suggested Marketing Price: $351,375

*39

*40

*41

*42

Statement of Account

ATASCOSA COUNTY TAX OFFICE

1001 OAK STREET JOURDANTON, TX 78026

| Owner ID: 87397 Ownership: 100.00\% | | | | | | | | | | | | | | | Value Information | | | | | | | | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | | CASTRO MANUEL &; MARYANN | | | | | | | | | | | | | | | | | | | | 159,770 | | PO BOX 495 | | | | | | | | | | | | | | | | | | | | 0 | | PLEASANTON, TX 78064 | | | | | | | | | | | | | | | | | | | | 54,810 | | | | | | | | | | | | | | | | | | | | | | 0 | | | | | | | | | | | | | | | | | | | | | | 0 | | | | | | | | | | | | | | | | | | | | | | 0 | | Entity | Description | | | | | | | | | | | | | | | | | | | | | FMLR | FARM TO MARKET ROAD | | | | | | | | | | | | | | | | | | | | | GAT | ATASCOSA COUNTY | | | | | | | | | | | | | | | | | | | | | SJO | JOURDANTON ISD | | | | | | | | | | | | | | | | | | | | | WEV | EVERGREEN WATER DIST | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Entity | Year | Statement ID | Tax Rate | | | | | | | | | | | | | | | | | | | FMLR | 2013 | 53838 | 0.076000 | | | | | | | | | | | | | | | | | | | GAT | 2013 | 53838 | 0.340600 | | | | | | | | | | | | | | | | | | | WEV | 2013 | 53838 | 0.006000 | | | | | | | | | | | | | | | | | | | Total for Year 2013 | | | | | | | | | | | | | | | | | | | | |

| | | | | | | | | | | | | | | | | | | | | | | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | | Total For All Years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

*43

City, Zip, Neighborhood, Address or MLS# Search

San Antonio Metro Area $& g t; 78026 & g t; 1501$ Olive Street, Jourdanton, TX 78026

1501 Olive Street Jourdanton, TX 78026

1501 Olive Street is located in Jourdanton, TX. At this time, the property has an estimated value of $$ 254, 400$ and yearly taxes of $$ 3, 281$ . This home has approximately 2,404 sqft of living space. The property was built in 2005. Similar homes nearby sell for around $$ 250, 000$ .

*44

UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

In re: MANUEL GUADALUPE CASTRO JR.

Debtor(s)

Case No. 12-52696 G

CHAPTER 13 STANDING TRUSTEE'S FINAL REPORT AND ACCOUNT

Mary K. Viegelahn, chapter 13 trustee, submits the following Final Report and Account of the administration of the estate pursuant to 11 U.S.C. § 1302(b)(1). The trustee declares as follows:

9) Total value of assets exempted: $$ 15, 445.93$ . 10) Amount of unsecured claims discharged without payment: $$ 0.00$ . 11) All checks distributed by the trustee relating to this case have cleared the bank.

UST Form 101-13-FR-S (9/1/2009)

*45 | Summary of Disbursements to Creditors: | | | | | :--: | :--: | :--: | :--: | | | Claim
Allowed | Principal
Paid | Interest
Paid | | Secured Payments: | | | | | Mortgage Ongoing | $0.00 | $0.00 | $0.00 | | Mortgage Arrearage | $37,478.58 | $13,306.64 | $0.00 | | Debt Secured by Vehicle | $0.00 | $0.00 | $0.00 | | All Other Secured | $280,119.45 | $0.00 | $0.00 | | TOTAL SECURED: | $317,598.03 | $13,306.64 | $0.00 | | Priority Unsecured Payments: | | | | | Domestic Support Arrearage | $0.00 | $0.00 | $0.00 | | Domestic Support Ongoing | $0.00 | $0.00 | $0.00 | | All Other Priority | $761.78 | $0.00 | $0.00 | | TOTAL PRIORITY: | $761.78 | $0.00 | $0.00 | | GENERAL UNSECURED PAYMENTS: | $18,519.44 | $0.00 | $0.00 | | Disbursements: | | | | | Expenses of Administration | $3,881.52 | | | | Disbursements to Creditors | $13,306.64 | | | | TOTAL DISBURSEMENTS : | | | $17,188.16 |

Dated: 05/21/2015 By:/s/ Mary K. Viegelahn Trustee

STATEMENT: This Unified Form is associated with an open bankruptcy case, therefore, Paperwork Reduction Act exemption 5 C.F.R. § 1320.4(a)(2) applies.

UST Form 101-13-FR-S (9/1/2009)

*46

MalaiSE Law Firm

J. TOOD MALAISE
STEVEN G. CENNAMO
PAT B. FosSEtT
Kristina L. Gonzales

909 NE LOOP 410, STE 300 SAN ANTONIO, TX 78209

(OFFICE) (210) 732-6699 (FACSIMILE) (210) 732-5826 www.malaiselawfirm.com

STEPHEN K. LUSTON Mikhail Nadorny EdUARDO V. RODRIGUEZ* DAVID C. WERNER

SAN Antonio ・ Brownsville - Corpus Christi - Harlingen - Mc AlLen

September 11, 2014

Ms. Mary Ann Castro PO Box 495 Pleasanton, Texas 78064 RE: Chapter 13 Bankruptcy Case No. 12-52696, In Re Manuel Guadalupe Castro, Jr.

Dear Ms. Castro:

Please find the enclosed copies of the following:

Motion of BSI Financial Services, as Servicer for Wells Fargo Bank, NA, its Successors and Assigns for Relief from Automatic Stay and Co-Debtor Stay against Property as to 1501 Olive Street, Jourdanton, Texas 78026 and
Debtor's response to the motion.

Please call if you have questions/comments.

SGC/Deb Enclosures

Enclosure

*47

UNITED STATES BANKRUPTCY COURT
WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION

IN RE: CHAPTER 13 MANUEL GUADALUPE CASTRO JR.

DEBTOR(S) CASE NO.: 12-82696 G

CERTIFICATE OF SERVICE

I hereby certify that a copy of the attached document was served on the parties listed below by ordinary U.S. Mail or served electronically through the Court's ECF System at the e-mail address registered with the Court on this July 30, 2014.

Debtor(s):

IS/ JESSICA L. HANZLIK

*48

NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA.

NO. 2011-CI-1595?

| IN THE MATTER OF | § | IN THE DISTRICT COURT | | :-- | :-- | :-- | | THE MARRIAGE OF | § | | | | § | | | MANUEL G. CASTRO | § | 45TH JUDICIAL DISTRICT | | AND | § | | | MARY ANN CASTRO | § | BEXAR COUNTY, TEXAS |

MOTION TO DECLARE AGREEMENT FOR FINAL DIVORCE VOID

Comes now Respondent, Mary Ann Castro, and submits this Motion to Declare Agreement for Final Divorce Void, and in support thereof would respectfully show this Court as follow:

On September 30, 2011, Petitioner Manuel G. Castro (hereafter "Manuel") filed for divorce from Respondent/Movant Mary Ann Castro (hereafter "Mary Ann").
On October 10, 2012, Manuel, a Debtor in an ongoing Chapter 13 bankruptcy proceeding, was advised that a Motion to Lift the Automatic Stay to Proceed with Divorce would be required by the bankruptcy court to proceed with this divorce. See Trustee's Amended Objection to Motion to Approve Agreement for Final Divorce Nunc Pro Tunc and Request for Hearing, a true and correct copy of which is attached and incorporated herein as "Exhibit A." Mary Ann was not similarly advised that a lifting of the stay was required to proceed with the divorce.
Manuel disregarded this information, and on October 30, 2013, he entered into an Agreement for Final Divorce (hereafter, "the Agreement") with Mary Ann, a true and correct copy of which is attached and incorporated herein as "Exhibit B." The agreement was signed by Judge David Canales on that same date. On information and belief, Judge Canales was not informed of the ongoing bankruptcy proceeding. Motion to Declare Agreement for Final Divorce Void: Castro

*49

The Agreement was an attempt by Manuel to divide assets which are part of the bankruptcy estate, which violated the automatic stay of the bankruptcy proceeding. See 11 U.S.C. $§ 362 (b) (2) (A) (i v)$ .
At the time of the execution of the Agreement, Manuel did not have approval from the bankruptcy court, nor had he even attempted to have the automatic stay lifted for this purpose. As such, the Agreement is void as a matter of law. See York v. State, 373 S.W. 3d 32 (Tex. 2012).
The Agreement purports to award Mary Ann the marital home, but obligates her to refinance within a specified period of time. Exhibit B at 1 and "Attachment A." Mary Ann has been unable to do so due to the home being subject to Respondent's ongoing bankruptcy proceeding. See Affidavit of Mary Ann Castro, attached and incorporated herein as "Exhibit C."
Further, Manuel failed to make mortgage payments as he was ordered to do in the temporary orders in this matter, and the home is in default to the tune of approximately $$ 60, 000.00$ . Exhibit C. This information was concealed from Mary Ann at the time she entered into the Agreement. But for her belief that the home was not in default, Mary Ann would not have executed the Agreement with Manuel. Id.
In addition, at the time of the execution of the Agreement, Manuel presented a falsified Market Analysis to Mary Ann, a true and correct copy of which is attached and incorporated herein as "Exhibit D," which indicated that the house was worth $$ 200, 000.00$ more than what is was actually worth. This was tantamount to fraud upon the community and, as a result, the Agreement was not a just and right division of the marital estate based upon the fraud committed

*50 by Manuel. But for Manuel's misrepresentation of the value of the home, Mary Ann would not have executed the Agreement with Manuel. 9. Mary Ann subsequently learned that the Market Analysis was completed by a friend of Manuel's lover. Exhibit C. Mary Ann thereafter obtained another Market Analysis, a true and correct copy of which is attached and incorporated herein as "Exhibit E," revealing the disparity between the market value proffered by Manuel and the actual market value of the home. 10. On March 12, 2014, Mary Ann filed a Motion to Rescind and/or Notice of Repudiation, seeking to have the Agreement nullified by the Court based upon fraud by Manuel and the fact that it violated the bankruptcy stay. At the hearing on said Motion, the Court determined that because neither party had obtained a lifting of the bankruptcy stay it did not have authority to make any determination that would affect property of the bankruptcy estate, including making any ruling with respect to the Agreement. As such, the Court declined to hear the matter unless and until the stay was lifted for such purpose. 11. Despite having full knowledge that Mary Ann was repudiating the Agreement and that Mary Ann's counsel was seeking to have the Agreement declared void, Manuel presented the Agreement to the bankruptcy court for its approval on June 4, 2014. See Motion to Approve Agreement for Final Divorce Nunc Pro Tunc, a true and correct copy of which is attached and incorporated herein by reference as "Exhibit F." This Motion was never served on Mary Ann's counsel, Jamie L. Graham (who filed a Notice of Appearance on March 11, 2014). Mary Ann's counsel only learned of Manuel's actions from a search of the bankruptcy court's online docket. 12. Upon learning that Manuel was attempting to have the bankruptcy court approve the Agreement, on July 16, 2014 Mary Ann filed motions in the bankruptcy court objecting to such

*51 action, as well as to lift the automatic stay to allow a state court to hear her challenges to the validity of the Agreement. This required her to retain additional counsel and incur substantial additional legal fees. 13. On July 31, 2014, a hearing was held in the bankruptcy court on both Manuel's and Mary Ann's motions. On information and belief, Manuel's counsel misrepresented to the bankruptcy court that the state court had already denied Mary Ann's attempt to have the Agreement rescinded and/or declared void. The bankruptcy court declined to accept the Agreement and ordered that the automatic stay would be lifted so that the parties could address their concerns in state court. 14. At this time, pursuant to the lifting of the stay, Mary Ann seeks to have the Court declare that the Agreement is void because it violates the automatic stay of the bankruptcy proceedings. In addition or in the alternative, Mary Ann seeks to repudiate the Agreement because it was procured by fraud committed by Manuel in grossly misrepresenting the value of the home and in intentionally failing to inform Mary Ann that the home was in default due to his failure to make mortgage payments as ordered. Further, its terms are illegal and/or impossible to comply with, as Mary Ann cannot refinance the home as required by the Agreement without further violating the automatic stay- a criminal offense. 15. Mary Ann seeks an award of her reasonable and necessary attorney's fees and costs in both this proceeding and in the bankruptcy proceeding. Mary Ann was forced to retain counsel and incur these attorney's fees and costs due to Manuel's failure to obtain a lifting of the stay prior to entering into a property division, and Manuel's bad acts in attempting to get the bankruptcy court's approval of the Agreement without notice to Mary Ann or her counsel, and at

*52 a time when he was fully aware that Mary Ann was challenging the validity of the Agreement and had repudiated the Agreement.

Respondent/Movant Mary Ann Castro prays that this Court grant her request to Declare Agreement for Final Divorce Void on the ground that it was executed in violation of the automatic stay of the bankruptcy court, and in addition to or in the alternative, upon the ground that it was procured by fraud, and is impossible and/or illegal to comply with its terms. In the alternative, Mary Ann Castro prays that this Court find that she has sufficiently revoked her consent to or repudiated the Agreement for Final Divorce, and it is therefore unenforceable. Mary Ann Castro further prays for an award of her reasonable and necessary attorney's fees and costs, and for such other and further relief as she may be entitled at law or in equity.

Respectfully submitted, LAW OFFICES OF JAMIE L. GRAHAM 310 S St. Mary's St, Suite 845 San Antonio, Texas 78205 Tel. (210) 308-6448 Fax: (210) 308-5669 By: Sarah Anne Lishman State Bar No. 24086267 Jamie L. Graham State Bar No. 24027335 Attorney for Mary Ann Castro

*53

Notice of Hearing

The above motion is set for hearing on August 25, 2014 at 9:00 a.m. in the Presiding District Court, Room 109 of the Bexar County Courthouse, 100 Dolorosa St., San Antonio, Texas 78205.

Gloria Saldaña

SIGNED on Presiding Judge

$438^{th} District Court$

Bexar County, Texas Judge or Clerk

Certificate of Service

I certify that a true copy of the above was served on each attorney of record or party in accordance with the Texas Rules of Civil Procedure on August 12, 2014.

*54

Affidavit of Mary Ann Castro

Mary Ann Castro appeared before me in person today and stated under oath as follows: "My name is Mary Ann Castro. I am above the age of eighteen years, and I am fully competent to make this affidavit. I am the movant in the Motion to Declare Agreement for Final Divorce Void. The facts stated in this affidavit are within my personal knowledge and are true and correct. "On September 30, 2011, my husband Manuel Castro filed for divorce. At that time, he, had already filed for Chapter 13 bankruptcy, and to date, that bankruptcy proceeding has not yet been discharged.

$2 Ω 2$

"In the temporary orders for this divorce, Manuel Castro was ordered to make all mortgage payments on our home, 1501 Olive Street, Jourdanton, Texas 78026, where I still reside. "On October 30, 2013, Manuel Castro and I entered into an Agreement for Final Divorce, dividing up our marital estate. Manuel Castro never informed me prior to executing this Agreement for Final Divorce that he had failed to make mortgage payments as ordered in the temporary orders and the house was in default. "Prior to executing the Agreement for Final Divorce, Manuel Castro provided me with a Market Analysis prepared by Argentina Marmolejo, which represented the fair market value of the house to be $$ 351, 375.00$ . I relied on this Market Analysis when agreeing to the property division in the Agreement for Final Divorce. "The Agreement for Divorce awarded me the home, but required me to refinance by February 28, 2014.

*55 "On or about December 1, 2013, I learned that Argentina Marmolejo was a friend of Manuel Castro's lover, and therefore became suspicious of the Market Analysis that he provided to me at the time I signed the Agreement for Final Divorce. I therefore had my own Market Analysis prepared by Karen Potts, who appraised the home at a fair market value of only $$ 184, 000.00$ . "I have made multiple attempts to refinance the home, as per the terms of the Agreement for Divorce, but have been told that no lender will refinance while the home is still subject to the Manuel Castro's bankruptcy proceeding. Further, I was told that Manuel Castro removed me as an authorized person for the current mortgage holder to communicate with, and I have therefore had an extremely difficult time getting information with respect to the status of the mortgage. All mortgage statements were diverted from my address to Manuel Castro's sister's address, and so I never received any information with respect to the status of mortgage payments after Manuel Castro was ordered to make those payments in the temporary orders. "I had a credit report done, and from that I learned that the home is currently in default for approximately $$ 60, 000.00$ .

*56

VERIFICATION REQUIRED

Mail will be forwarded for the following individual only:

MARYANN

CASTRO

Your mail will be forwarded to your NEW address, as you requested,

on: Sep 30, 2014

YOUR OLD ADDRESS

MARYANN CASTRO 23302 HICKORY SHADOW ELMENDORF TX 78112-6172

YOUR NEW ADDRESS

If the information contained on this page is incorrect, or you have not received mail at your new address for 10 Postal business days or more, please call 1-800-ASK-USPS (1-800-275-8777). If you need to view or cancel this Change-of-Address Order or change the date to start forwarding your mail, visit managemymove.usps.com and enter the Confirmation Code: 1429450110109450 Visit managemymove.usps.com to add your email address and receive email reminders of mail forwarding expiration dates.

NOTIFY CORRESPONDENTS WHO SEND YOU MAIL

Mail forwarding may be available for up to 12 months and covers only certain classes of mail.

To ensure delivery of all your mail and to avoid forwarding delays, you should notify everyone who sends you mail.

MAIL FORWARDING EXPIRATION DATES

First Class Mail, Priority &; Express.... Sep 30, 2015 Newspapers, Magazines............... Nov 29, 2014 Packages!.............................. Sep 30, 2015 Catalogs ................................ Not Forwarded ^[1] Standard Mail .............................. Not Forwarded ^[1]

Some restrictions apply 2. Unless requested by mailor

IMPORTANT MESSAGES FROM THE U.S. POSTAL SERVICE REGARDING YOUR MAIL FORWARDING REQUEST:

Yellow stickers with your new address are placed on mail forwarded by the U.S. Postal Service. To receive your mail faster, notify the sender of your new address.

Please retain this Official Change of Address Confirmation page for your records as local agencies and/or resources may require it for proof of your move.

WHY THE YELLOW LABELS?

Yellow labels indicate the correspondent doesn't know your new address

If you receive mail with a yellow label attached, notify the sender of your new address.

All of the paper used to produce the USPS* Official Change of Address Confirmation Letter was sourced from sustainable forests.

*57

October 15, 2013

MANUEL G CASTRO JR 23302 HICKORY SHADOW ELMENDORF TX 78112-6172

Subject: Transfer of the servicing of your mortgage loan Wells Fargo Home Mortgage loan number: 0150044675 Dear MANUEL CASTRO JR, Effective November 1, 2013 the servicing of your mortgage loan is being transferred to BSI Financial Services, Inc. While the transfer of servicing is very common in today's mortgage industry, we recognize it often raises a number of questions.

Since you may have questions about this change to your mortgage servicing, we're providing you with information to help make this transition easier for you. Rest assured, this does not affect any terms or conditions of your mortgage. This transfer simply affects how your mortgage is serviced, like where you send your payments.

Please read the reverse side of this letter - The Notice of Assignment, Sale or Transfer of Servicing Rights provides you with important required Real Estate Settlement Procedures Act (RESPA) information.

Important payment information

Beginning on November 1, 2013, BSI Financial Services, Inc will begin receiving payments on your mortgage loan. As of the same date, Wells Fargo Home Mortgage will no longer be accepting payments on such mortgage loan, therefore you must make your loan payments payable to BSI Financial Services, Inc and send them to the following address:

BSI Financial Services, Inc P.O. Box 660605

Dallas, TX 75266 BSI Financial Services, Inc will be sending you a letter that will include payment instructions. If you do not receive payment instructions from BSI Financial Services, Inc before your next payment is due, please write your loan number on your check or money order and mail it to BSI Financial Services, Inc at the address listed above.

About mortgage payment assistance

If you are currently receiving paymep£ assistance from a third party, you will need to contact that party to notify them of the change in servicer.

About PMA® Package benefits

If you have a Wells Fargo PMA Package, transfer of your Wells Fargo serviced mortgage loan may eliminate the ability to link your mortgage to your PMA qualifying relationship balance and may result in your combined balance falling below the minimum required for the PMA Package monthly service fee waiver as well as certain other PMA benefits.

*58

*59

VEIERCATION REGGREED

I will be forwarded for the following individual only:

MARYANN
CASTRO
Your mail will be forwarded to your NEW address, as you requested,
on: Sep 30, 2014

If the information contained on this page is incorrect, or you have not received mail at your new address for 10 Postal business days or more, please call 1-800-ASK-USPS (1-800-275-8777). If you need to view or cancel this Change-of-Address Order or change the date to start forwarding your mail, visit managemymove.usps.com and enter the Confirmation Code: 1429 4501 1010 9450 Visit managemymove.usps.com to add your email address and receive email reminders of mail forwarding expiration dates.

YOUR OLD ADDRESS

MARYANN CASTRO 23302 HICKORY SHADOW ELMENDORF TX 78112-6172

YOUR NEW ADDRESS

00000067002 MB 0.435 T:0004

Hill+Hill+Hill+Hill+Hill+Hill+Hill+Hill+Hill MARYANN CASTRO PO BOX 495 PLEASANTON TX 78064-0495

BEXAR COUNTY SHERIFF'S OFFICE

NOTE: If you wish to pursue criminal charges, please contact the Criminal Investigations Division at (210)335-6070

APPELLEE

MANNE CASTRO Sister Culled polie on Appetrant moyannn Cast when Appelecs was tivine with mistress 7/17/11 Adulteey-Adultry Cauelttay-cruelty

*60

Dear MANUEL CASTRO JR, Effective November 1, 2013 the servicing of your mortgage loan is being transferred to BSI Financial Services, Inc. While the transfer of servicing is very common in today's mortgage industry, we recognize it often raises a number of questions.

Important payment information

Beginning on November 1, 2013, BSI Financial Services, Inc will begin receiving payments on your mortgage loan. As of the same date, Wells Fargo Home Mortgage will no longer be accepting payments on such mortgage loan, thereforeyou must make your loan payments payable to BSI Financial Services, Inc and send them to the following address: BSI Financial Services, Inc P.O. Box 660605 Dallas, TX 75266

BSSI Financial Services, Inc will be sending you a letter that will include payment instructions. If you do not receive payment instructions from BSI Financial Services, Inc before your next payment is due, please write your loan number on your check or money order and mail it to BSI Financial Services, Inc at the address listed above.

About mortgage payment assistance

If you are currently receiving paymepf assistance from a third party, you will need to contact that party to notify them of the change in servicer.

About PMA® Package benefits

If you have a Wells Fargo PMA Package, transfer of your Wells Fargo serviced mortgage loan may eliminate the ability to link your mortgage to your PMA qualifying relationship balance and may result in your combined balance falling below the minimum required for the PMA Package mouthly service fee waiver as well as certain other PMA benefits.

*61

12-52596-cag Doc#63 Filed 09/04/14 Entered 05/04/14 20:37:39 Main Document Pg 4 of 5

COnn 651 &; 44675

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion for Relief from Automatic Stay and Affidavit in Support of Motion for Relief from Automatic Stay was served on September 5, 2014 to the following parties at the addresses indicated by deposit in the United States Mail, first class postage prepaid, and/or by electronic notice on September 4, 2014. MANUEL GUADALUPE CASTRO, JR. P.O. BOX 47776

SAN ANTONIO, TX 78265 DEBTOR MARY CASTRO 23302 HICKORY SHADDOY ELMENDORF, TX 78112 CO-DEBTOR MARY ANN CASTRO 1501 OLIVE JOURDANTON, TX 78026 CO-DEBTOR MARYANN CASTRO P.O. BOX 495

PLEASANTON, TX 78064 CO-DEBTOR JEFFREY R. DAVIS 5710 IH 10 WEST SAN ANTONIO, TX 78201 ATTORNEY FOR DEBTOR MAILISE LAW FIRM 909 NE LOOP 410 STE 300 SAN ANTONIO, TX 78209 COUNSEL FOR CO-DEBTOR MARY K. VIEGELAHN 10500 HERITAGE BLVD, STE. 201 SAN ANTONIO, TX 78216 TRUSTEE UNITED STATES TRUSTEE 615 E HOUSTON, SUITE 533 SAN ANTONIO, TX 78205

SOM

*62 Wells Fargo Home Mortgage (WFHM) has received your correspondence regarding the mortgage loan referenced above. Due to the status of the loan, we have responded directly to your Bankruptcy attorney. Enclosed is a copy of our response.

Please contact your attorney directly if you have any questions regarding your bankruptcy plan. If you have questions or concerns in the future regarding workout options or the bankruptcy status of the loan, please contact our Bankruptcy Department at (800) 274-7035. Representatives are available for assistance Monday through Friday, 7 a.m. to 10 p.m., Contract Time.

Wells Fargo Home Mortgage is committed to serving the needs of our customers. If you have any additional questions or need clarification regarding the information provided, you may contact me directly at (877) 491-0707, extension 65129. I am available to assist you Monday through Friday, 9:00 a.m. to 6:00 p.m., Eastern Time.

Sincerely, Rita Reilly Written Customer Contact

*63

*64

UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

IN RE: $§$ MANUEL GUADALUPE CASTRO JR. Debtor $§$ $§$ $§$ $§$ $§$

TRUSTEE'S AMENDED OBJECTION TO MOTION TO APPROVE AGREEMENT FOR FINAL DIVORCE NUNC PRO TUNG AND REQUEST FOR HEARING

TO THE HONORABLE JUDGE OF SAID COURT: Now comes, Mary K. Viegelahn, Chapter 13 trustee and files this, her Chapter 13 Trustee's Amended Objection to the above-referenced Motion.

The Chapter 13 Trustee does not approve the afore-mentioned motion for the following reasons: The Trustee opposes the Motion to approve agreement for Final Divorce Decree filed June 4, 2014. The proposed settlement agreement between the Debtor and Ms. Maryann Castro states that the Debtor should receive approximately $$ 40, 000.00$ from the sale or refinance of the home at 1501 Olive St, Jourdanton, TX 78026. Debtor's Schedule A filed September 21, 2012 reflects a value of $$ 235, 310.00$ with secured claim of $$ 223, 855.41$ and the Debtor exempted $$ 11, 454.59$ on Schedule C pursuant to 11 U.S.C. § 522(d)(1) leaving the Debtor with non exempt funds of $$ 28, 545.41$ . These funds also constitute additional disposable income which should be paid into the plan for the benefit of the unsecured creditors. Further, the Trustee questions how the Debtor expects to realize $$ 40, 000.00$ in equity from the real property if the valuation on Debtor's Schedule A was accurate and questions the good faith of the Debtor's valuation on Schedule A.

The Motion does not state how the mortgage arrears currently being paid through the Debtor's plan on the property will be treated. The Trustee questions who will be taking over the funding of this property including the mortgage arrears and requests that the disbursements on the mortgage arrears to BSI Financial Services, Inc. cease being funded by through the plan. The property settlement agreement between the Debtor and Ms. Castro was entered into on October 30, 2013 and since that date; the Trustee has disbursed $$ 7, 347.09$ to BSI Financial Services Inc. for the arrears.

At the 341 meeting of creditors on October 10, 2012, the Debtor was advised that a Motion to Lift the Automatic Stay to Proceed with Divorce would be required but no motion was filed until over a year later and more than six (6) months following the execution of the property settlement on October 30, 2013. As such, the Trustee questions the good faith of the Debtor in entering into the property settlement agreement without prior approval of this Court.

*65

IT IS HEREBY ADJUDGED and DECREED that the below described is SO ORDERED.

Dated: October 03, 2014.

Craig &;. Mngers

CRAIG A. GARGOTTA UNITED STATES BANKRUPTCY JUDGE

IN THE UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

IN RE: | 8 | | :-- | | 8 | | 8 | | 8 | | 8 | | 8 |

DEBTOR(S)
CASE NO. 12-52696-G

CHAPTER 13

ORDER APPROVING MOTION TO VOLUNTARILY DISMISS CHAPTER 13 CASE On this date came on to be considered Debtor's Motion to Voluntarily Dismiss Chapter 13 case. The Court finds that such motion states sufficient grounds to be approved and that Debtor has the right to voluntarily dismiss this case, without prejudice, as it has not been previously converted from another chapter of the Bankruptcy Code.

It is, therefore, ORDERED that Debtor's Chapter 13 case be, and the same is hereby, DISMISSED without prejudice to re-filing. ### Davis Law Firm 10500 Heritage, Ste. 102 San Antonio, Texas 78216 (210) 444-4444

*66

Manuel G. Castro Jr and Mary Castro executed a Adjustable Rate Note dated March 07, 2006, in favor of Wells Fargo Bank, N.A. in the original principal sum of $$ 191, 250.00$ (the "Note").
BSI FINANCIAL SER VICES, AS SERVICER FOR WELLS FARGO BANK, N.A. is the servicer of the loan and holds the Note.
The Note is secured by a Recorded Deed of Trust encumbering certain real property commonly known as 1501 OLIVE STREET, JOURDANTON, TX 78026.
The unpaid principal balance of this loan as of August 26, 2014 is $$ 220, 897.72$ .
The total post-petition arrearage due as of August 26, 2014 is $$ 42.411 .76$ . Please note that additional payments will come due after Septembert 2014. Altached hereto as Exhibit "A" is a summary of the Debtor's post-payment history, including default dates and amounts.
The sums set forth in this affidavit do not include any late charges, escrow advances, attorneys' fees, cost, or other fees and charges that might otherwise be included in the event that a payoff is requested or provided.
The Note, and Supplemental Riders, Amendments, Modifications, Deed of Trust, and Assignments, if any, are altached hereto as Exhibit "A" and are true and accurate copies of the originals.

Further Affiant Sayeth Not. BY: 4 Subseribed and sworn to before me

this 4 day of $1949 \times 2014$ , by

Personally Known OR Produced Identification

Type of Identification Produced:

*67

Manuel G. Castro Jr and Mary Castro executed a Adjustable Rate Note dated March 07, 2006, in favor of Wells Fargo Bank, N.A. in the original principal sum of $$ 191, 250.00$ (the "Note").
BSI FINANCIAL SERVICES, AS SERVICER FOR WELLS FARGO BANK, N.A. is the servicer of the loan and holds the Note.
The Note is secured by a Recorded Deed of Trust encumbering certain real propeny commonly known as 1501 OLIVE STREET, JOURDANTON, TX 78026.
The unpaid principal balance of this loan as of August 26, 2014 is $$ 220, 897.72$ .
The total post-petition arsearage due as of August 26, 2014 is $$ 42.411 .76$ . Please note that additional payments will come due after Septembert: 2014. Attached hereto as Exhibit "A" is a summary of the Debtor's post-payment history, including default dates and amounts.
The sums set forth in this affidavit do not include any late charges, escrow advances, atomeys' fees, cost, or other fees and charges that might otherwise be included in the event that a payoff is requested or provided.
The Note, and Supplemental Riders, Amendments, Modifications, Deed of Trust, and Assignments, if any, are attached hereto as Exhibit "A" and are true and accurate copies of the originals.

Further Affiant Sayeth Not. BY: 1

Subseribed and swom to before me this 24 day of 2014 , by

State of Texas My Commission expires: $3 / 1 / 18$ Personally Known OR Produced Identification

Type of Identification Produced:

*68

On or about August 31, 2012, MANUEL GUADALUPE CASTRO. 3R. (hersinghe Orberofided a Voluntary Petition For Relief under Chapter 13 of the Bankruptcy Code, thereby initating the aboweroyded Bankruptcy Case. MARY K. VIEGELAHN is the duly appointed and acting Chapter 13 Trustee.
On March 07, 2006, Manuel G. Castro Jr executed an Adjustable Rate Note ("Note") in the original principal amount of $$ 191, 250.00$ , payable to the order of Wells Fargo Bank, N.A.
Concurrently with the execution of the Note, Manuel G. Castro Jr and Mary Castro, Husband and wife, executed a Deed of Trust granting a lien on certain real property ("Property") to secure payment of the Note. Mary Castro is not a debtor in this bankruptcy, but is protected by the Co-Debtor Stay of 11 U.S.C. $$ 1301$ .

The Deed of Trust grants a lien on the Property described as follows: BEING A 9.45 ACRE TRACT SITUATED IN THE POITEVENT SURVEY, ABSTRACT 1239, ATASCOSA COUNTY, TEXAS, AND BEING THAT SAME 9.45 ACRE TRACT AS CONVEYED BY THOMAS F PERKS AND LOLA M. PERKS TO MANUEL G. CASTRO AND MARY A. CASTRO RECORDED IN VOLUME 152, PAGE 442, OFFICIAL PUBLIC RECORDS OF ATASCOSA COUNTY, TEXAS; SAID 9.45 ACRE TRACT SURVEYED BY JEFFREY B. BERGER, R.P.L.S. NO. 5558 ON AUGUST 19, 2005 AND BEING MADE PARTICULARLY DESCRIBED ON EXHIBIT "A" ATTACHED TO THE DEED OF TRUST.

Also known as: 1501 OLIVE STREET JOURDANTON, TX 78026 The Deed of Trust was duly recorded in ATASCOSA County Deed Records. 6. Debtor alleges to be the current owner of record of the Property. The Confirmed Chapter 13 Plan provides for direct ongoing payments. 7. Debtor is in default on the obligation to Movant in that Debtor has failed to make installment payments when due and owing pursuant to the terms of the above-described Note. 8. As of August 26, 2014, the status of the indebtedness is as follows: a)

b) Additional fees have been incurred, including Movant's reasonable attorney fees and costs in an amount allowable by local practice, rule, or order.

*69

NO. $\underset{―}{2011 - C I - 15957}$

IN THE MATTER OF THE MARRIAGE OF MANUEL G. CASTRO AND MARY ANN CASTRO

$§$

$§$ $§$ $§$ $§$ $§$

IN THE DISTRICT COURT 45 JUDICIAL DISTRICT BEXAR COUNTY, TEXAS

ORDER ON MOTION TO DECLARE AGREEMENT FOR FINAL DIVORCE VOID On September 16, 2014 and September 29, 2014, the Court heard Movant Mary Ann Castro's Motion to Declare Agreement for Final Divorce Void.

Movant Mary Ann Castro appeared in person and by attorneys of record, Sarah Anne Lishman and Jamie L. Graham, and announced ready. Respondent Manuel G. Castro appeared in person and by attorney of record, Joseph Appelt, and announced ready.

The Court finds that the "Agreement for Final Divorce" was orally pronounced and rendered by Judge David A. Canalles on October 30, 2013. The Court further finds that the "Agreement for Final Divorce" was approved by the bankruptcy court in Cause No. 12-52696 on July 31, 2014, and THEREFORE ORDERS that the Motion to Declare Agreement for Final Divorce Void is DENIED.

All relief not expressly granted is DENIED. SIGNED ON .

JUDGE LAURA SALINAS

*70

III. RELIEF FROM THE STAY

Movant requests that this Honorable Court terminate the automatic stay provisions of the Bankruptcy Code to allow Movant to exercise all of its rights and remedies against the Debtor and Co-Debtor under state law, including, inter alia, foreclosing its lien on the Property.
Movant alleges that cause exists for the lifting of the stay and Movants interest is not adequately protected. 11 U.S.C. $$ 362 (d) (1)$ . The assessed value by Atascosa Couhty is $$ 241, 300$
It has been necessary for Movant to hire the law firm of Codilis &; Stawiarski, P.C. to collect the debt owed to it through this Court. Pursuant to the Note and Deed of Trust, Movant is entitled to reimbursement of its reasonable attomeys' fees for their services.
Movant requests that an Order granting its motion for relief from automatic stay and Co-Debtor Stay, if such Order should be entered, will be effective immediately upon entry and, Rule 4001 (a) (3), is waived, and enforcement of such Order will not be stayed until the expiration of fourteen days after entry of the Order.
Movant further requests that upon termination of stay, it be exempt from further compliance with FRBP 3002.1 .

WHEREFORE, PREMISES CONSIDERED, Movant prays that this Court enter an Order granting relief from the automatic stay to allow Movant to exercise and enforce all its rights and remedies against the Debtor and CoDebtor as a secured creditor and perfected lienholder to the Property; including, but not limited to, payments of bankruptcy attorney fees and costs in the amount of $$ 800.00$ , foreclosure and disposition of the Property, payment of costs, expenses, and reasonable attomeys' fees in accordance with the terms of the Note and Deed of Trust and for such other and further relief to which Movant may show itself justly entitled, either at law or in equity.

Respectfully submitted, Codilis &; Stawiarski, P.C. By: /s/ Angela K. Randermann Angela K. Randermann SBOT 24029787 (31688) Yvonne V. Valdez SBOT 24069019 650 N. Sam Houston Parkway East, Suite 450 Houston, Texas 77060 (281) 925-5200 Facsimile: (281) 925-5300 ATTORNEYS FOR MOVANT

*71

BUCKLEY MADOLE

Buckley Madole, P.C.
14841 Dallas Parkway, Suite 425
Dallas, TX 75254
Main: (972) 643-6600
Fax: (972) 643-6699

LEGAL PRECEDENT IS NOT CLEAR AS TO WHETHER THE SENDING OF THIS LETTER MAKES US A DEBT COLLECTOR. TO THE EXTENT IT DOES, PLEASE BE ADVISED THAT THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. HOWEVER, IF YOU ARE IN BANKRUPTCY OR HAVE BEEN DISCHARGED IN BANKRUPTCY, THIS LETTER IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR AS AN ACT TO COLLECT, ASSESS, OR RECOVER ALL OR ANY PORTION OF THE DEBT FROM YOU PERSONALLY.

December 2, 2014 MARY CASTRO 1501 OLIVE STREET JOURDANTON, TX 78026

Re: Loan No.: 44675 Property: 1501 OLIVE STREET, JOURDANTON, TX 78026

FAIR DEBT COLLECTION PRACTICES ACT NOTIFICATION

We represent BSI Financial Services, Inc., whose address is 7505 Irvine Center Drive, Irvine, CA 92618 which, if it is not the Current Mortgagee, is acting as the Mortgage Servicer and representing the Current Mortgagee pursuant to a Mortgage Servicing Agreement concerning the Note and Deed of Trust which are associated with the above referenced loan number.

Our firm has been requested to pursue foreclosure processing in accordance with the terms of the Note and Deed of Trust and applicable law.

According to the information provided to us by our client, the total amount required to cure the default under the note and deed of trust through December 15, 2014 is $$ 79, 019.30$ and the total amount required to payoff the debt through November 30, 2014 is $$ 275, 251.54$ .
Because of payment installments that accrue monthly and other charges that may vary from day to day, the total amount required to cure the default may be greater on the day that you choose to pay. Likewise, because of interest and/or other charges that may vary from day to day, the total amount required to payoff the debt may be greater on the day that you choose to pay. Hence, should you choose to pay either of the amounts shown above, an adjustment may be necessary after your check is received in which event we will notify you before the check is deposited for collection. For further information, write our firm at Buckley Madole, P.C., Attn: Foreclosure Department, 14841 Dallas Parkway, Suite 425, Dallas, TX 75254 or call us at (972) 643-6600 .
You have thirty days after you receive this letter to dispute the validity of the debt or any part of it. If you do not dispute it within that period, our firm will presume that it is valid.
If you notify our firm in writing within the thirty-day period that the debt, or any portion thereof, is disputed, our firm will obtain verification of the debt or a copy of a judgment against you and a copy of such verification or judgment will be mailed to you by our firm.

If you require further information, please let us hear from you. Very truly yours, Buckley Madole, P.C.

*72

April 27, 2015

MANUEL G CASTRO JR MARY ANN CASTRO 1501 OLIVE STREET JOURDANTON, TX 78026

NOTICE OF SERVICING TRANSFER

Account #: 44675 The servicing of your mortgage loan is being transferred, effective May 15, 2015. This means that after this date, a new servicer will be collecting your mortgage loan payments from you. Nothing else about your mortgage loan will change.

BSI Financial Services is now collecting your payments. BSI Financial Services will stop accepting payments received from you after May 14, 2015.

SN Servicing Corporation will collect your payments going forward. Your new servicer will start accepting payments received from you on May 15, 2015.

Send all payments due on or after May 15, 2015 to SN Servicing Corporation at this address: SN Servicing Corporation PO Box 602814 Charlotte, NC 28260-2814 If you have any questions for either your present servicer, BSI Financial Services or your new servicer SN Servicing Corporation about your mortgage loan or this transfer, please contact them using the information below:

Current Servicer:

BSI Financial Services Customer Care 314 S Franklin St, $2^{nd}$ Floor Titusville, PA 16354 $1 - 800 - 327 - 7861$ Mon.-Fri. 8:00 a.m. - 11:00 p.m. EST Saturday 8:00 a.m. - 12:00 p.m. EST

New Servicer:

SN Servicing Corporation Customer Correspondence 323 Fifth Street Eureka, CA 95501 1-800-603-0836 Mon.-Fri. 8:00 a.m. - 5:00 p.m. PST

*73

NOTICE OF ACCELERATION AND NOTICE OF TRUSTEES SALE

DEED OF TRUST INFORMATION:

Date: 03/07/2006 Grantor(s): MANUEL G CASTRO JR, MARY ANN CASTRO

Original Mortgages: WELLS FARGO BANK, N.A. Original Principal: $8191, 250.00$ Recording Information: Instrument 80487 Property County: Atmospha Property: BEING A 9.45 ACRE TRACT SITUATED IN THE J. POITEVENT SURVEY, ABSTRACT 1239, ATASCOSA COUNTY, TEXAS, AND BEING THAT SAME 9.45 ACRE TRACT AS CONVEYED BY THOMAS F. PERKS AND LOLA M. PERKS TO MANUEL G. CASTRO AND MARY A. CASTRO RECORDED IN VOLUME 152, PAGE 442, OFFICIAL PUBLIC RECORDS OF ATASCOSA COUNTY, TEXAS, SAID 9.45 ACRE TRACT SURVEYED BY JEFFREY B. BERGER, R.P.L.S. NO. 5558 ON AUGUST 19, 2005 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A $1 / 2^{''}$ STEEL ROD WITH A RED PLASTIC CAP STAMPED "RPLS 5558" ON THE NORTH LINE OF COUNTY ROAD 438 (ALSO KNOWN AS OLIVE STREET) AT THE SOUTHWEST CORNER OF THE REMAINING PORTION OF A 106.23 ACRE TRACT AS RECORDED IN VOLUME 78, PAGE 430, DEED RECORDS OF ATASCOSA COUNTY, TEXAS, FOR THE MOST SOUTHERLY SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT;

THENCE SOUTH 89 DEG $54^{'} 00^{''}$ WEST 509.51 FEET (BASIS OF BEARINGS) WITH SAID NORTH LINE OF COUNTY ROAD 438 TO A STEEL FENCE CORNER POST AT THE MOST SOUTHERLY SOUTHEAST CORNER OF THE EUGENE C. JUPE FAMILY LIMITED TRACTS AS RECORDED IN VOLUME 251, PAGE 537 AND VOLUME 251, PAGE 543, OFFICIAL PUBLIC RECORDS OF ATASCOSA COUNTY, TEXAS, FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT;

THENCE NORTH 00 DEG $40^{'} 00^{''}$ WEST 405.38 FEET ALONG A WIRE FENCE WITH A COMMON LINE OF SAID 9.45 ACRE TRACT AND SAID EUGENE C. JUPE FAMILY LIMITED TRACTS TO A STEEL FENCE CORNER POST AT AN INTERIOR CORNER OF SAID EUGENE C. JUPE FAMILY LIMITED TRACTS, FOR THE MOST SOUTHERLY NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT;

THENCE ALONG A BARBED WIRE FENCE WITH THE COMMON LINES OF SAID 9.45 ACRE TRACT AND SAID EUGENE C. JUPE FAMILY LIMITED TRACTS, NORTH 89 DEG $54^{'} 00^{''}$ EAST 467.00 FEET TO A STEEL FENCE CORNER POST FOR AN INTERIOR CORNER OF THE HEREIN DESCRIBED TRACT AND NORTH 00 DEG $40^{'} 00^{''}$ WEST 467.00 FEET TO A STEEL FENCE CORNER POST TO A CORNER OF SAID EUGENE C. JUPE FAMILY LIMITED TRACTS, FOR THE MOST NORTHERLY NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT;

THENCE SOUTH 89 DEG $54^{'} 00^{''}$ EAST 467.00 FEET ALONG A BARBED WIRE FENCE WITH THE NORTHERNMOST NORTH LINE OF SAID 9.45 ACRE TRACT TO A STEEL FENCE CORNER POST ON THE WEST LINE OF A 52.01 ACRE TRACT AND A 7.70 ACRE TRACT AS RECORDED IN VOLUME 303, PAGE 283, OFFICIAL PUBLIC RECORDS OF ATASCOSA COUNTY, TEXAS, FOR THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT;

THENCE SOUTH 00 DEG $40^{'} 00^{''}$ EAST 432.18 FEET ALONG A WIRE FENCE WITH THE COMMON LINE OF SAID 9.45 ACRE TRACT, AND SAID 52.01 ACRE TRACT AND SAID 7.70 ACRE TRACT TO A $1 / 2^{''}$ STEEL ROD FOUND AT THE NORTH CORNER OF SAID REMAINING PORTION OF 106.23 ACRE TRACT, FOR THE MOST NORTHERLY.SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT;

THENCE ALONG A BARBED WIRE FENCE WITH THE COMMON LINES OF SAID 9.45 ACRE TRACT AND SAID REMAINING PORTION OF 106.23 ACRE TRACT, SOUTH 89 DEG $54^{'} 00^{''}$ WEST 415.69 FEET TO A $1 / 2^{''}$ STEEL ROD FOUND AT THE NORTHWEST CORNER OF SAID REMAINING PORTION OF 106.23 ACRE TRACT, FOR AN INTERIOR CORNER OF THE HEREIN DESCRIBED TRACT AND SOUTH 00 DEG $28^{'} 41^{''}$ WEST 440.20 FEET TO THE POINT OF BEGINNING AND CONTAINING 9.45 ACRES OR 411,771 SQUARE FEET, MORE OR LESS.

Reported Address: 1501 OLIVE STREET, JOURDANTON, TX 78026

MORTGAGE SERVICING INFORMATION:

The Mortgage Services; if not the Current Mortgages, is representing the Current Mortgages pursuant to a Mortgage Servicing Agreement.

Current Mortgages: MLB SUB 1, LLC. Mortgage Servicer: USI Financial Services, Inc. Current Beneficiary: MLB SUB 1, LLC Mortgage Servicer Address: 7505 Irvine Center Drive, Irvine, CA 92618

SALE INFORMATION:

Date of Sale: Tuesday, the 6th day of January, 2015 Time of Sale: 12:00PM or within three hours thereafter. Place of Sale: AT THE WEST PORCH TO THE ATASCOSA COUNTY COURTHOUSE in T2005 Pg. 2 Matter 9408-0016; 2146939188

*74 Atascosa County, Texas, or, if the preceeding area is no longer the designated area, at the area most recently designated by the Atascosa County Commissioner's Court. Substitute Trustee(s): Troy Martin or Alexis Martin or Cassie Martin or Terri Martin or Melody Speer, Cristina Camarata, Sammy Hooda, Michael Burns, Alexander Wolfe, Suzanne Suarez or Adam Womack, any to act Substitute Trustee Address: 14841 Dallas Parkway, Suite 425, Dallas, TX 75254 WHEREAS, the above-named Grantor previously conveyed the above described property in trust to secure payment of the Note set forth in the above-described Deed of Trust; and

WHEREAS, a default under the Note and Deed of Trust was declared; such default was reported to not have been cured; and all sums secured by such Deed of Trust were declared to be immediately due and payable; and

WHEREAS, the original Trustee and any previously appointed Substitute Trustee has been removed and Troy Martin or Alexis Martin or Cassie Martin or Terri Martin or Melody Speer, Cristina Camarata, Sammy Hooda, Michael Burns, Alexander Wolfe, Suzanne Suarez or Adam Womack, any to act, have been appointed as Substitute Trustees and requested to sell the Property to satisfy the indebtedness; and

WHEREAS, the undersigned law firm has been requested to provide these notices on behalf of the Current Mortgagee, Mortgage Servicer and Substitute Trustees;

NOW, THEREFORE, NOTICE IS HEREBY GIVEN of the foregoing matters and that:

The maturity of the Note has been accelerated and all sums secured by the Deed of Trust have been declared to be immediately due and payable.
Troy Martin or Alexis Martin or Cassie Martin or Terri Martin or Melody Speer, Cristina Camarata, Sammy Hooda, Michael Burns, Alexander Wolfe, Suzanne Suarez or Adam Womack, any to act, as Substitute Trustee will sell the Property to the highest bidder for cash on the date, at the place, and no earlier than the time set forth above in the Sale Information section of this notice. The sale will begin within three hours after that time.
This sale shall be subject to any legal impediments to the sale of the Property and to any exceptions referenced in the Deed of Trust or appearing of record to the extent the same are still in effect and shall not cover any property that has been released from the lien of the Deed of Trust.
No warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose shall be conveyed at the sale, save and except the Grantor's warranties specifically authorized by the Grantor in the Deed of Trust. The property shall be offered "AS-IS", purchasers will buy the property "at the purchaser's own risk" and "at his peril", and no representation is made concerning the quality or nature of title to be acquired. Purchasers will receive whatever interest Grantor and Grantor's assigns have in the property, subject to any liens or interests of any kind that may survive the sale. Interested persons are encouraged to consult counsel of their choice prior to participating in the sale of the property.

Very truly yours, Buckley Madole, P.C.

*75 June 2,2015

To: SN SERVICING CORPORATION $3235^{TH}$ STREET EUREKA CA 95501 FROM: Maryann Castro 1501 Olive Jourdanton Texas 78026

Re: New Loan Number 0000261440 Old Loan Number 44675 Collateral 1501 OLIVE STREET, JOURDANTON TEXAS 78026

Dear: SIR/ MAM NOTICE OF DISPUTE

The following problem have occurred in reference to this property you purchased below property value and the two Servicers Wells Fargo Home Mortgage, BSI Financial TOOK part in Mortgage fraud and this has been reported to the Attorney General Of Texas, and the homeowners principle residence Maryann Castro submitted two request the following were submitted a loan Modification and a harp application her request were not denied nor were they approved she never received a response and had to retain an Attorney in Jan 1,2015 to stop foreclosure .And it was stopped and the Mortgage Servicer BSI FINANCIAL did not offer a modification wanted 45,000 to settle the property value is 125,000 and the land is 54,000 see copy of Certified Appraisal.

Maryann Castro was awarded the property 1501 Olive on Oct 30,2013 while Wells Fargo held the note and made many promises saying the Modification was in process when it never was Manuel Castro held the note at that time and Wells Fargo never made any attempt to process the Modification knowing there was a hardship at that time Manuel Castro and Maryann Castro were in process of Divorce and Manuel Castro was to make Mortgage Payments and did not he filed Bankruptcy and did not tell Maryann Castro at that time her name was on the Deed Only see the name of the Borrower it says Manuel Castro.

Upon final Divorce Maryann Castro did not know Manuel Castro had not made any Mortgage payments and had the home Mortgage in Bankruptcy Protection and owed a balance there is no final Divorce

SN Servicing request Making Home Affordable

*76 Decree Filed yet. Upon Oct 30,2013 Wells Fargo sold the Note to BSI Financial and this Account was in Active Bankruptcy and Arrears were being deducted weekly from Manuel Castro paycheck see bankruptcy statement BSI Financial put the Debt of Arrears in Maryann Castro name and did not have permission did not notify her they received a copy of the Divorce Decree it was to show she was awarded the Home 1501 Olive not the Debt. The fraud that was committed by BSI Financial has been reported to the Attorney General Office and to the Court Of Appeals in San Antonio Texas.

Maryann Castro has made many Attempts to Contact BSI Financial to request a loan modification a harp application and sent it via certified mail and nothing was ever processed and this note was in litigation again now a New Servicer SN Servicing purchase this note below appraisal value attempting to collect what the following Banks have sold below cost in Attempt to collect money causing the high balance on this account for failure to process a loan Modification and putting the unpaid debt Manuel Castro did not pay now remember the Loan was in his name through Wells Fargo then BSI Fraudly put the Debt in Maryann Castro name when she didn't sign the Loan Mortgage due to her disability see copy BSI Put the Debt in Maryann Castro name because of the Document a handwritten Statement showing home 1501 Olive was Awarded to her on Oct 30,2013 Maryann Castro attempt was to process a Making Home Affordable Modification or Harp Due to Divorce Medical Job Loss. Instead the BSI Servicer applied the Debt in Maryann Castro name when she didn't sign the Home Mortgage loan on this Account when it was Granted and that is Fraud it has been reported to the Better Business Bureau and Attorney General of Texas And she has also Retained Attorney Matthew Obremier of San Antonio Now before it goes any further Maryann Castro is sending again request of A Modification Making Home Affordable (MHA) This was a Fannie Mae account when Wells Fargo granted the Loan a fixed rate and the payments were 1789.00 that is too high Maryann Castro needs the Servicer to process a Modification at 2.4\% interest a 30 or even 40 year note and eliminate the high overcharged fees that were applied prior to the new purchaser SN Servicing Corporation accepted not knowing the Actual truth of the account purchase below the value and expect to collect not knowing the Actual facts and lower the house payment at 867.69 monthly.

The Servicer Wells Fargo BSI AND prior Owner Manuel G. Castro JR. did not pay the property taxes 2013 and did not insure the home Mortgage property Maryann Castro when she retained the property did not know this and has kept up with Making Sure the Collateral has Home Owners insurance see Policy and taxes are being paid see Balance 2013 were in default and the tax collector wanted to enforce and order and Maryann Castro stopped it by paying the past due balance Monthly there is still a balance of 725.00 see copy of Tax statement.

A copy of this Letter is going to the Following persons Appeals Court in San Antonio Texas Attorney Matthew Obremier Credit Bureau Attorney General of Texas Maryann Castro is seeking a Making Home Affordable Modification Home Affordable Unemployment Programs

SN Servicing request Making Home Affordable

*77 Home Affordable Foreclosures Alternative, Harp Application due to Divorce, Medical, Job Loss. Affordable Mortgage Payments Relief 1501 Olive is Maryann Castro primary residence when she retained ownership through Divorce she did not know the status of the Account the prior owner had it and had defaulted. Please assist in processing her Request to avoid anymore unneeded unwanted overcharge fees and Attorney fees as she was never provided the Service she applied for to making the Home Affordable.

Respectfully Maryann Castro Copy of letter sent Attorney Matthew Obermeier, Appeals Court Of San Antonio Matthew Obermeier 14255 Blanco Rd San Antonio Texas 78216 210-296-5828

*78

GENDES COMPETER THIS IS

Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired.
Print your name and address on the reverse so that we can return the card to you.
Attach this card to the back of the malipiece, or on the front if space permits.
Article Addressed to: $◻$ $◻$ $◻$ $◻$ $◻$ $◻$
Service Type Certified Mail Priority Mail Express $◻$ Registered $◻$ Return Receipt for Merchandise Insured Mail $◻$ Collect on Delivery Insured Mail $◻$ Collect on Delivery
Restricted Delivery? (Extra Fee) $◻$ Yes
Article Number (Transfer from service label) 70143490000092371356 Domestic Return Receipt

GENDES COMPETER THIS IS 10

Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired.
Print your name and address on the reverse so that we can return the card to you.
Attach this card to the back of the malipiece, or on the front if space permits.
Article Addressed to: $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$ $◻$

*79

BUCKLEY MADOLE

Buckley Madole, P.C.
14841 Dallas Parkway, Suite 425
Dallas, TX 75254
Main: (972) 643-6600
Fax: (972) 643-6699

LEGAL PRECEDENT IS NOT CLEAR AS TO WHETHER THE SENDING OF THIS LETTER MAKES US A DEBT COLLECTOR TO THE EXTENT IT DOES, PLEASE BE ADVISED THAT THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. HOWEVER, IF YOU ARE IN BANKRUPTCY OR HAVE BEEN DISCHARGED IN BANKRUPTCY, THIS LETTER IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR AS AN ACT TO COLLECT, ASSESS, OR RECOVER ALL OR ANY PORTION OF THE DEBT FROM YOU PERSONALLY.

December 2, 2014 MARY CASTRO 1501 OLIVE STREET JOURDANTON, TX 78026

Re: Loan No.: 44675 Property: 1501 OLIVE STREET, JOURDANTON, TX 78026

FAIR DEBT COLLECTION PRACTICES ACT NOTIFICATION

Our firm has been requested to pursue foreclosure processing in accordance with the terms of the Note and Deed of Trust and applicable law.

According to the information provided to us by our client, the total amount required to cure the default under the note and deed of trust through December 15, 2014 is $$ 79, 019.30$ and the total amount required to payoff the debt through November 30, 2014 is $$ 275, 251.54$ .
Because of payment installments that accrue monthly and other charges that may vary from day to day, the total amount required to cure the default may be greater on the day that you choose to pay. Likewise, because of interest and/or other charges that may vary from day to day, the total amount required to payoff the debt may be greater on the day that you choose to pay. Hence, should you choose to pay either of the amounts shown above, an adjustment may be necessary after your check is received in which event we will notify you before the check is deposited for collection. For further information, write our firm at Buckley Madole, P.C., Attn: Foreclosure Department, 14841 Dallas Parkway, Suite 425, Dallas, TX 75254 or call us at (972) 643-6600 .
You have thirty days after you receive this letter to dispute the validity of the debt or any part of it. If you do not dispute it within that period, our firm will presume that it is valid.
If you notify our firm in writing within the thirty-day period that the debt, or any portion thereof, is disputed, our firm will obtain verification of the debt or a copy of a judgment against you and a copy of such verification or judgment will be mailed to you by our firm.

If you require further information, please let us hear from you. Very truly yours, Buckley Madole, P.C.

*80

COURT OF APPEALS NO. 04-14-00785-CV

TRIAL COURT CASE NO. 2011 CI 15957

IN THE MATTER OF THE MARRIAGE OF MANUEL G. CASTRO AND MARY ANN CASTRO

IS

IN THE DISTRICTAQQURT OF APPEALS SAN ANTONIO, TEXAS 01/9/2015 3:02:21 PM 45th JUDICIAL DISTRICTE. HOTTLE Clerk BEXAR COUNTY, TEXAS

RESPONSE TO APPELLANT'S AFFIDAVIT OF INDIGENCY

This Response is brought by Appellee, MANUEL G. CASTRO, by and through his attorney, JOSEPH P. APPELT, who shows in support thereof:

On or about December 29, 2014 Appellant filed certain documents, including an Affidavit of Indigency in this matter;
Appellee contests the validity of said affidavit based on several facts that have come to light during the course of the matter in District Court;
First, Appellant asserts in her sworn affidavit that her only source of income is her Social Security disability check in the amount of $$ 788.00$ per month. This is a false statement for the following reasons: a. Appellant, Mary Ann Castro, has a catering business "Catering by Mary Ann" as evidenced by the advertisement attached hereto as exhibit "A" b. Appellant has stated in court that she makes " $$ 15$ an hour," evidenced by her statement on line 15 of page 7 of the certified transcript attached hereto as Exhibit "B"
In addition, Appellee further objects to the validity of Appellant's affidavit in that she is currently the owner of a 2013 Chevrolet Cruz automobile; evidencing her income is greater than only the $$ 788.00$ monthly Social Security check she swore to in the said affidavit;
Also, Appellant files her affidavit in support of other filings indicating she does not have the financial resources to pay her costs or hire an attorney. Appellant has made this same assertions throughout the case at the District Court level yet she has retained the following attorneys in conjunction with her case: a. Edward Piker b. Rebecca C. Martinez (now a Justice on the $4^{th}$ Court of Appeals)

*81 c. David Wilkerson d. Dinora Diaz e. Jamie Graham f. Sara Ann Lishman g. Steve Cennamo and h. Matthew Obremier

The attorney's a-f represented Appellant through various stages of the District Court proceedings as gleaned from the Case Summary form the Bexar County District Clerk printout attached hereto as Exhibit "C".

Attorney Steve Cennamo, with the Todd Malaise firm, represented Ms. Castro in one or more Bankruptcy hearings.

Attorney Matthew Obremier is unknown to Appellee, however, Appellant states in her filing with this Court date-stamped January 5, 2015 that she has "had to hire another attorney, Matthew Obremier..." 6. It is clear from the above that Appellant has not been forthcoming in her affidavit and has actually falsified information in an attempt to proceed with her appeal cost free. This would undoubtedly prejudice Appellee. 7. Based on the facts and evidence presented herein, Appellee requests this Court to deny Appellant's claim of indigency based on her affidavit. In addition, because of Appellant's willful misrepresentation of facts in her affidavit filed with this Court, Appellee requests Appellant be sanctioned in a manner deemed appropriate by the Court to include but not be limited to: a. Dismissing her appeal b. Denying Appellant any further requests for extensions of time related to the perfecting her appeal such as getting the record, transcript and filing of any brief. and c. Awarding Appellee a judgment for his reasonable and necessary attorney's fees in conjunction with filing this response. 8. It was necessary for Appellee to retain the services of JOSEPH P. APPELT to prepare and file this response to protect his rights. Appellee requests he be awarded his reasonable and necessary attorney's fees and costs associated with the filing of this Response pursuant the affidavit attached hereto as Exhibit "D" 9. Appellee requests any and all other such relief he may be entitled to in law or equity.

*82

Respectfully Submitted, Joseph P. Appelt, P.C. 5825 Callaghan Rd., Ste. 104 San Antonio, Texas 78228 210/375-1212 (Telephone) 210/375-1213 (Telecopier)

JOSEPH P. APPELT SBN: 00789809 ATTORNEY FOR MANUEL G. CASTRO APPELLEE

CERTIFICATE OF SERVICE

I certify that a true copy of the above was served on each attorney of record or party in accordance with the Texas Rules of Civil Procedure on January 9, 2015.

JOSEPH P. APPELT Attorney for MANUEL G. CASTRO

*83

RECEIPT FOR YOUR CLAIM FOR SUPPLEMENTAL SECURITY INCOME RECEIPT DATE: March 22, 2001 MARYANN CASTRO

Ck: A. mowher

If you have a question or something to report call (20) 5305 Woror general information about Social Security, visit our web site at www.ssa.gov on the Internet.

You may visit or write to the Social Security Office at: SOCIAL SECURITY (YW. Tethnson) ROOM 101 4100 S NEW BRAUNFELS SAN ANTONIO TX 78223 We will process your application for Supplemental Security Income as quickly as possible. You should hear from us within 120 days. If you do not hear from us by then, please get in touch with us.

We will let you know if we need more information to decide if you are eligible for SSI payments. In the meantime, if you move or change your mailing address, you--or someone for you-- should report the change to the office shown above.

Also, you (or someone for you) must let us know if you are admitted to a hospital or other medical facility. You could lose some SSI payments if you do not let us know right away.

Always give your Social Security number when writing or telephoning about your claim. If you have any questions about your claim, we will be glad to help you.

MARYANN CASTRO 919 SUTTON APT 22 SAN ANTONIO, TX 78228

*84

Your New Benefit Amount

BENEFICIARY'S NAME: MARYANN CASTRO

Your Social Security benefits will increase by 1.7 percent in 2015 because of a rise in the cost of living. You can use this letter when you need proof of your benefit amount to receive food, rent, or energy assistance; bank loans; or for other business. Keep this letter with your important financial records.

How Much Will I Get And When?

Your monthly amount (before deductions) is $$ 1, 148.90$
The amount we deduct for Medicare medical insurance is (If you did not have Medicare as of Nov. 20, 2014, or if someone else pays your premium, we show $$ 0.00$ .)
The amount we deduct for your Medicare prescription drug plan is (If you did not elect withholding as of Nov. 1, 2014, we show $$ 0.00$ .)
The amount we deduct for voluntary Federal tax withholding is $$ 0.00$ (If you did not elect voluntary tax withholding as of Nov. 20, 2014, we show $$ 0.00$ .)
After we take any other deductions, you will receive $$ 864.00$ on or about Jan. 2, 2015. If you disagree with any of these amounts, you must write to us within 60 days from the date you receive this letter. We would be happy to review the amounts.

You may receive your benefits through direct deposit, a Direct Express $^{\otimes}$ card, or an Electronic Transfer Account. If you will receive a paper check and want to switch to an electronic payment, please visit the Department of the Treasury's Go Direct website at www.godirect.org.

Please visit our website at www.godirect.org for a period of time and provide an account of online services. You also can call 1-800-772-4215 and speak to a representative from 7-7-772-4215. Monday through Friday. Recorded information and services are available at www.godirect.org for a period of time and for a representative from 7-7-772-4215. and New Year's Day; it is best to call at other times. If you are deaf or hard of hearing, call our TTY number, 1-800-325-0778. If you are outside the United States, you can contact any U.S. embassy or consulate office. Please have your Social Security claim number available when you are outside the United

*85 | Mining Group Inc. Opportunity Employer 31096 | | Advice Routing: | | | Pay Group:
Pay Begin Date: 04/01/2013 | | | :--: | :--: | :--: | :--: | :--: | :--: | :--: | | | | Dept:
Sub Payroll: | 14965 - San Miguel Labor 3 | | | | | (E 68131 | 402/342-2052 | Pay Basis: | Hourly | | | | | uadalupe Castro Jr | | LAST JOB WORKED: | | | | TAX DATA: : Federal | | :kory Shadow | | Empl #: | 00000 | | | | | (TX 78112 | | Job #: | 14965 | | | Allowances: | | | | Location: | San Miguel Labor | | | Addl. Pct.: | | 247763 | | | | | | Addl. Amt.: |

| HOURS AND EARNINGS | | | | | | TAXES | | :--: | :--: | :--: | :--: | :--: | :--: | :--: | | n | $- Rate 20.710000$ | Current
Hours | Earnings | Hours | Earnings | Description | | - Time and One H ay | | 40.00 | 828.41 | 523.50 | 10,824.70 | Fed Withholding | | | | | | | | Fed MED/EE | | | 31.065000 | 18.00 | 559.17 | 147.00 | 4,562.38 | Fed OASDI/EE | | | | | | 23.00 | 471.39 | | | Off | | | | 43.50 | 900.90 | | | $N$ Non-Taxable | | | | | 324.83 | |

| | | | 58.00 | 1,387.58 | 737.00 | 17,084.20 | | Total: | | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | | BEFORE-TAX DEDUCTIONS | | | AFTER-TAX DEDUCTIONS | | | | | EMPLOYE | | n | Current | YTD | Description | | Current | YTD | Description | | | usurance | 54.59 | 771.50 | Employee Supplemental Lif | | 5.10 | 76.50 | Medical Insurance | | | urance | 5.27 | 78.14 | Accident Death &; Dismbr - | | 0.30 | 4.50 | Vision Insurance | | | | | | Depend AD &; D - KieChoice | | 0.18 | 2.70 | Group Term Life Insuran | | | | | | Clothing | | 4.15 | 60.25 | Group Term Life Insuran | | | | | | Garnishment - Bankruptcy | | 184.62 | 2,769.30 | Disability Insurance | | | | 59.86 | 849.64 | Total: | | 194.35 | 2,913.25 | * Taxable | | | TOTAL GROSS | | FED TAXABLE GROSS | | | TOTAL TAXES | | TOTAL DEDUCTIONS | | | | 1,387.58 | | 1,329.00 | | 259.91 | | 254.21 | | | | 17,084.20 | | 15,928.86 | | 3,629.86 | | 3,762.89 | | | E: | | | | | | | NET PAY DIS | | | | | | | | | | Advice #53850 | | | | | | | | | | Total: | |

*86 REPORTER'S RECORD VOLUME 1 OF 1 VOLUME TRIAL COURT CAUSE NO. 2011-CI-15957 MANUEL G. CASTRO VS. MARY A. CASTRO ) IN THE DISTRICT COURT ) 45TH JUDICIAL DISTRICT ) BEXAR COUNTY, TEXAS

HEARING DECEMBER 29, 2014

On the 29th day of December 2014, the following proceedings came on to be heard in the above-entitled and numbered cause before the HONORABLE BARBARA NELLERMOE, Judge Presiding, held in 45th District Court, San Antonio, Bexar County, Texas:

Proceedings reported by machine shorthand.

JUDITH A. STEWART, C.S.R. 45TH DISTRICT COURT

*87 interest, and claim in and to that property: H-1. All household furniture, furnishings, fixtures, goods, art objects, collectibles, appliances, and equipment in the possession of the husband or subject to his sole control.

H-2. All clothing, jewelry, and other personal effects in the possession of the husband or subject to his sole control.

H-3. All sums of cash in the possession of the husband or subject to his sole control, including funds on deposit, together with accrued but unpaid interest, in banks, savings institutions, or other financial institutions, which accounts stand in the husband's sole name or from which the husband has the sole right to withdraw funds or which are subject to the husband's sole control.

H-4. All sums, whether matured or unmatured, accrued or unaccrued, vested or otherwise, together with all increases thereof, the proceeds therefrom, and any other rights related to any profit-sharing plan, retirement plan, Keogh plan, pension plan, employee stock option plan, 401 (k) plan, employee savings plan, accrued unpaid bonuses, disability plan, or other benefits existing by reason of the husband's past, present, or future employment of a of teem of

H-5. All individual retirement accounts, simplified employee pensions, annuities, and variable annuity life insurance benefits in the husband's name.

H-6. The 1999 Subaru motor vehicle, together with all prepaid insurance, keys, and title documents.

ED AND DECREED that the wife, MARY ANN CASTRO, is awarded the and separate property, and the husband is divested of all right, title, interest,

*88

*89 To: Michael and Misty Hernandez $7815 E 3^{R D}$ St Somerset Texas 78069 1965 PATTON ROAD

From: Maryann Castro 1501 Olive Jourdanton Texas 78026 Enclosed is the contract you signed and have not paid YOU have not communicated with Maryann Castro or paid her for the 95 fleetwood double wide you agreed to purchase rent to own as is you do not own the 95 fleetwood its personal property owned by Maryann Castro you agreed to purchase as rent to own and have not made one payment last payment was on or about July 2011, you have two tax liens interest and a past due amount that has not been paid owe a outstanding balance to Maryann Castro

You owe Late fees, interest, taxes 2013, 2014 tax liens applied by the Atascosa county and conspired to own personal property you do not own and you have not paid off the agreement signed by you see copy.

Maryann Castro will accept a reasonable cash offer in the amount of 15,000 plus tax liens for 2013, 2014 total amount 15734.70 due to payoff to Maryann Castro July 1, 2015 repossession process will take place legally it's a serious matter that you ignored the agreement you signed on the rent to own basis and it was as is.

2011 Aug, Sept, Oct, Nov, Dec with late fee $= 2750$ 2012 Jan-Dec No payments and late fee added 6600 2013 Jan-Dec No Payments and late fee added 6600 2014 Jan- Dec No payments and late fee added 6600

2015 no payment made Jan-June 2015 or taxes paid and late fee 3300 Unpaid taxes 378.812013 and there is a balance for 2014355.90 TOTAL DUE IS 734.70 tax office has been notified you are not the owner of the 95 Fleetwood.

*90 The agreement is void and Maryann Castro has the right to repossession until payment is made in full see offer and tax liens for 2013, 2014 are paid in full the 95 doublewide Fleetwood is owned by Maryann Castro who tried working it out with the Hernandez party Misty Hernandez threatened Maryann Castro knowing she is the owner of the 95 fleetwood and has not been paid in over 3 years and a half; Maryann Castro has the right to start repossession process July 1,2015 and terminate agreement that was not followed and you agreed to pay ignoring this will not make it go away.

Total due-26,207.29- 7000 you paid Green tree Servicer the title is not released to you and Maryann Castro did not authorize a release due to non-payment of agreement.

As of June 15,2015 still no-payment and two tax liens 2013,2014 applied to the 95 doublewide total due as of $6 / 1 / 2015$ is 19,207.29 Maryann Castro will settle for 15,000 cash.

Copy sent on 6/1/2015 this is a legal matter and needs to be settled the servicer was paid and you disregarded the contract with the attempt to steal an asset not owned by Michael and Misty Hernandez and the rent to own agreement was not paid to Maryann Castro see contract Manuel Castro surrendered his interest and the contract was to be paid to Maryann Castro you have 30 days to respond and pay repossession will take place by law I am in the right the contract was never paid in full you have lived rent free and allowed tax liens to be attached to the property you do not own or have not paid off in your rent to own agreement with Maryann Castro Your Attorney did not clear you from paying me the outstanding balance. Please remit payment 15000 or surrender the 95 fleet wood you signed you will return 7/1/2015 if you do not pay and you have not made any payments or attempt any communication with Maryann Castro any repairs or remodeling you did on your own knowing the terms you signed it was as is Maryann Castro does not owe you anything and will legally reposes her personal property you did not pay for the property by law it's Maryann Castro personal property and she owns it and will take legal action in repossessing YOU DID NOT PAY OR ABIDE BY THE CONTRACT. It's like a car you don't pay repossession will take place legally.

Respectfully Maryann Castro 1501 Olive Jourdanton Texas 78026 Date 6/1/2015 Resent another notice 6/15/2015 Copy enclosed a) Agreement and terms were sent 6/1/2015 certified b) Tax liens against the 95 Fleetwood 2013,2014 734.70 sent 6/16/2015 mailed and certified

*91

Tax Lien History

*92

*93

GREEN TREE SERVICING LLC 1-800-643-0202 345 SAINT PETER STREET L1000 99C SAINT PAUL, MN 55102

0533473 000024047 04614C 0437407 05252055

MARY ANN CASTRO PO BOX 495 PLEASANTON TX 78064-0495

S 00104-000

Instructions for Debtor

You received this form because a Federal Government agency or an applicable financial entity (a creditor) has discharged (canceled or forgiven) a debt you owed, or because an identifiable event has occurred that either is or is deemed to be a discharge of a debt of $$ 600$ or more. If a creditor has discharged a debt you owed, you are required to include the discharged amount in your income, even if it is less than 5000 , on the "Other Income" line of your Form 1040. However, you may not have to include all of the canceled debt in your income. There are exceptions and exclusions, such as bankruptcy and insolvency. See Pub. 4681, available at IRS.gov, for more details. If an identifiable event has occurred but the debt has not actually been discharged, then include any discharged debt in your income in the year that it is actually discharged, unless an exception or exclusion applies to you in that year.

Debtor's identification number. For your protection, this form may show only the last four digits of your social security number (SSN), individual taxpayer identification number (ITIN), or adoption taxpayer identification number (ATIN). However, the creditor has reported your complete identification number to the IRS and, where applicable, to state and/or local governments.

Account number. May show an account or other unique number the creditor assigned to distinguish your account.

Box 1. Shows the date the earliest identifiable event occurred or, at the creditor's discretion, the date of an actual discharge that occurred before an identifiable event. See the code in box 6.

Box 2. Shows the amount of debt either actually or deemed discharged. Note. If you do not agree with the amount, contact your creditor.

Box 3. Shows interest if included in the debt reported in box 2. See Pub. 4681 to see if you must include the interest in gross income.

Box 4. Shows a description of the debt. If box 7 is completed, box 4 also shows a description of the property.

Box 5. Shows whether you were personally liable for repayment of the debt when the debt was created or, if modified, at the time of the last modification. See Pub. 4681 for reporting instructions.

Box 6. Shows the reason your creditor has filed this form. The codes in this box are described in more detail in Pub. 4681. A-Bankruptcy; B-Other judicial debt relief; C-Statute of limitations or expiration of deficiency period; D-Foreclosure election; E-Debt relief from probate or similar proceeding; F-By agreement; G-Decision or policy to discontinue collection; H-Expiration of nonpayment testing period; or I-Other actual discharge before identifiable event.

Box 7. If, in the same calendar year, a foreclosure or abandonment of property occurred in connection with the cancellation of the debt, the fair market value (FMV) of the property will be shown, or you will receive a separate Form 1099-A. Generally, the gross foreclosure bid price is considered to be the FMV. For an abandonment or voluntary conveyance in lieu of foreclosure, the FMV is generally the appraised value of the property. You may have income or loss because of the acquisition or abandonment. See Pub. 4681 for information about foreclosures and abandonments. If the property was your main home, see Pub. 523 to figure any taxable gain or ordinary income.

Future developments. For the latest information about developments related to Form 1099-C and its instructions, such as legislation enacted after they were published, go to www.irs.gov/form1099c.

CORRECTED (if checked)

*94 Green Tree Servicing LLC Document Custody - T313 7360 S. Kyrene Rd. Tempe, AZ 85283 1-888-315-8733 Fax 1-888-221-7381 GTServicing.com

February 13, 2014

HIGIER, ALLEN AND LAUTIN ATTN:RICHARD MCKINNEY 5057 KELLER SPRINGS RD., STE 600 ADDISON, TX 75001 RE: Account Number 275029237

Dear SIR OR MADAM: Our records indicate the above-referenced account with Green Tree Servicing LLC* ("Green Tree") has been settled in full. Enclosed are certain original documents you should retain for your records in connection with your account.

If you have any questions regarding this account, please contact our Document Custody department at 1-888-315-8733 ext. 33705.

Sincerely,

Green Tree

Green Tree Servicing LLC and related entities, including, for certain loans, in Alabama, Green Tree-AL LLC; in Minnesota, Green Tree Loan Company; and in Pennsylvania, Green Tree Consumer Discount Company.

*95

Statement of Account

Entity Year Statement ID Total For Year 2013 FMLR 2009 GAT 2009 SPO 2009 WEV 2009 $240.86 69.83 46.60 357.29$ Total Due if Paid By 06/30/2015 357.29

Paid Refunds Summary

Date Refunded Refund Amount Paid

*96

*97 To; Michael and Misty Hernandez 7815 E $3^{RD}$ St Somerset Texas 78069

From; Maryann Castro 1501 Olive Jourdanton Texas 78026

Enclosed is the contract you signed and attempted fraud by not communicating with Maryann Castro who did not surrender her interest.

You owe ate fees, interest, taxes and have not made one payment on or about July 2011 and conspired to own a asset that you have not paid off the agreement signed by you see copy.

Maryann Castro will accept a reasonable offer in the amount of 15,000 the balance owed to Maryann Castro is

2011 Aug,St,Oct,Nov,Dec with late fee $= 2750$ 2012 Jan-Dec No payments and late fee added 6600 2013 Jan-Dec No Payments and late fee added 6600 2014 Jan- Dec No payments and late fee added 6600 2015 no payment made or taxes paid and late fee 3300 Unpaid taxes 357.29

The agreement is void and right to repossession until payment is made in full the agreement is valid and it was not given to you the 95 fleetwood I tried working it out with you and you threatened me. I am in my right to reposes and you agreed to pay and pay the terms ignoring this will not make it go away.

Total due-26,207.29-7000 you paid Greentree Servicer the title is not released to you due to non-payment total due as of $6 / 1 / 2015$ is 19,207.29 Maryann Castro will settle for 15,000.

Copy sent on 6/1/2015 this is a legal matter and needs to be settled the servicer was paid and you disregarded the contract with the attempt to steal an asset not awarded to you and debt not paid to Maryann Castro see contract Manuel Castro surrendered his interest and the debt is to be paid to

*98 Maryann Castro you have 30 days to respond and pay $n$ rrepossession will take place by law I am in the right the contract was never paid in full. Your Attorney did not clear you from paying me the outstanding balance. Please remit payment or surrender the 95 fleet wood you signed you will return if you do not pay and you have not attempted any communication or payment.

Respectfully Maryann Castro 1501 Olive Jourdanton Texas 78026 Date 6/1/2015

*99 ATASCOSA COUNTY TAX OFFICE 1001 OAK STREET JOURDANTON, TX 78026

| | | | | | | | :--: | :--: | :--: | :--: | :--: | :--: | | Entity | Description | | | Value Information | | | FMLR | FARM TO MARKET ROAD | | 100.00\% | | | | GAT | ATASCOSA COUNTY | | 100.00\% | | | | SPO | POTEET ISD | | 100.00\% | | | | WEV | EVERGREEN WATER DIST | | 100.00\% | | | | | | | Unpaid Bills Summary | | | | Entity | Year | Statement ID | Tax Rate | Type | Tax Due | Disc/P&;I | Attorney Fees | Total Due | | FMLR | 2013 | 53837 | 0.076000 | L | 9.94 | 2.88 | 1.92 | 14.74 | | GAT | 2013 | 53837 | 0.340600 | L | 44.55 | 12.91 | 8.62 | 66.08 | | SPO | 2013 | 53837 | 1.419000 | L | 185.59 | 53.82 | 35.91 | 275.32 | | WEV | 2013 | 53837 | 0.006000 | L | 0.78 | 0.22 | 0.15 | 1.15 | | Total for Year 2013 | | | | 240.86 | 69.83 | 46.60 | 357.29 | | | Total For All Years | | | 240.86 | 69.83 | 46.60 | 357.29 |

| | | | | | | | :--: | :--: | :--: | :--: | :--: | :--: | | Entity | Year | Statement ID | | Tax Due | Disc/P&;I | Attorney Fees | Total Due | | FMLR | 2013 | 53837 | 0.076000 | L | 9.94 | 2.88 | 1.92 | | GAT | 2013 | 53837 | 0.340600 | L | 44.55 | 12.91 | 8.62 | | SPO | 2013 | 53837 | 1.419000 | L | 185.59 | 53.82 | 35.91 | | WEV | 2013 | 53837 | 0.006000 | L | 0.78 | 0.22 | 0.15 | | | | | | | 69.83 | 46.60 | 357.29 | | | Total For All Years | | | 240.86 | 69.83 | 46.60 | 357.29 |

| | | | | | | | :--: | :--: | :--: | :--: | :--: | :--: | | Entity | Year | Statement ID | | Tax Due | | | FMLR | 2013 | 53837 | 0.076000 | L | 9.94 | | GAT | 2013 | 53837 | 0.340600 | L | 44.55 | | SPO | 2013 | 53837 | 1.419000 | L | 185.59 | | WEV | 2013 | 53837 | 0.006000 | L | 0.78 | | | | | | | 240.86 | | | Total For All Years | | | 240.86 | 69.83 |

| | | | | | | | :--: | :--: | :--: | :--: | :--: | :--: | | | | | | | | | Entity | Year | Statement ID | Date Refunded | Refund Amount Paid | | | Total For Year 2013 | | | | | 0.00 | | FMLR | 2009 | 6439 | 01/07/2010 | 0.70 | | | GAT | 2009 | 6439 | 01/07/2010 | 3.11 | | | SPO | 2009 | 6439 | 01/07/2010 | 6.13 | | | WEV | 2009 | 6439 | 01/07/2010 | 0.06 | | | | | | | | 10.00 | | Total For Year 2009 | | | | | 10.00 |

*100

*101

2 NEW VMAIL O URG O FAX $\times 86$

Fuck you bitch your the crybaby no one wants

Saturday 10:32 AM

What missing documents were still needed for modification it was denied after the 16 th it may go into foreclosure.

2 NEW VMAIL O URG O FAX $\times 86$

Saturday 10:42 AM

Im waiting for a phone call from BSI was not notified about modification.

Saturday 10:56 AM

For being selfish and greedy we are both gonna end up with nothing dont be crying later if we loose house im trying to communicate with you about this.

ou recieved a letter 15 days ago

Saturcay 11:23 AM

*102

James E. Dickson Jr., M.D.
Diplomate American Board of Psychiatry and Neurology 14815 San Pedro Ave. San Antonio, Texas 78232
Phone: (210) 494-1991
Fax: (210) 494-7575

January 31, 2013

To Whom It May Concern: This is to confirm that Mary Ann Castro has been a patient of mine beginning with her initial evaluation with me on 3/2/01. She has past psychiatric diagnoses of Major Depression, and Panic Disorder. In addition she also exhibited some symptoms consistent with Attention Deficit Disorder. She was last seen by me on 12/21/11.

James Dickson Jr., M.D.

*103

Silvester Foot Clinic 409 N. Bryant Pleasanton, TX 78064 (830)569-3338

FAX (830)569-6833 Patient: CASTRO, MARYANN, DOB: 09/23/1965, Age: 49 years, Female Acct #: 4320

Last Plan Note: 06/09/2015 Order bone stimulator and Subtalar joint immobilizing AFO (Arizona). Patient was scheduled for casting of the AFO. The patient was requesting an additional injection but I explained that steroid injections can delay the bone healing that should normally occur and I do not want to do that.

I also discussed the possibility of percutaneous surgery which would involve injecting the sinus where the screw was removed with some type of bone morphogenic protein or osteogenic gel, and percutaneous screw fixation of the subtalar joint to stabilize the joint. I explained that this may or may not lead to a solid ossification of the subtalar joint but could providers with significant relief.

Vitals:

Date 06/09/2015 Height 62 inches ( 157.48 cm ) Weight 187 pounds ( 84.82 kg ) BMI 34.19

Current Problems:

TRAUMATIC ARTHROPATHY INVOLVING ANKLE AND FOOT (716.17), onset: 05/08/2015, Noted, last assessed: 06/01/2015 UNSPECIFIED SITE OF ANKLE SPRAIN (845.00), onset: 05/08/2015, Noted ANKLE INSTABILITY OTHER JOINT DERANGEMENT NOT ELSEWHERE CLASSIFIED INVOLVING ANKLE AND FOOT (718.87), onset: 05/08/2015, Noted, last assessed: 06/01/2015 PERONEAL TENDON RUPTURE (TRAUMATIC) OTHER ANKLE SPRAIN (845.09), onset: 05/11/2015, Noted, last assessed: 06/01/2015 PERONEAL TENDINITIS OTHER ENTHESOPATHY OF ANKLE AND TARSUS (726.79), onset: 05/11/2015, Noted, last assessed: 06/01/2015 UNSPECIFIED PRURITIC DISORDER (698.9), onset: 05/11/2015 PAIN IN LIMB (729.5), onset: 05/20/2015, Noted, last assessed: 06/09/2015 POSTSURGICAL ARTHRODESIS STATUS (V45.4), onset: 06/01/2015, Noted, last assessed: 06/09/2015 NONUNION OF FRACTURE (733.82), onset: 06/09/2015

Current Medications:

metformin 500 mg tablet extended release 24 hr , TK 1 T PO EVERY DAY X 30 Days, Start Date: 11/21/2014 omeprazole 20 mg capsule, delayed release(DR/EC) , TK 1 C PO QD X 30 Days, Start Date: 11/21/2014 Ambien (zolpidem) 5 mg tablet Take 1 tablet as directed, Take one about 1 hour pre op. Bring the medication to the procedure and repeat if needed, Disp. 4 NR, Start Date: 05/11/2015

*104

Silvester Foot Clinic 409 N. Bryant Pleasanton, TX 78064 (830)569- 3338

FAX (830)569-6833 Patient: CASTRO, MARYANN, DOB: 09/23/1965, Age: 49 years, Female Acct #: 4320 metoprolol succinate 25 mg tablet extended release 24 hr , TK 1 T PO QD X 30 Days, Start Date: 12/01/2014 hydrochlorothiazide 25 mg tablet, TK 1 T PO EVER DAY X 30 Days, Start Date: 11/21/2014 levothyroxine 150 mcg tablet, TK 1 T PO EVERY DAY FOR 30 DAYS X 30 Days, Start Date: 11/21/2014 Current Allergies: No Known Drug Allergies Medical History Thyroid dysfunction (Yes). Hypertension (Yes). Diabetes (Yes). Arthritis (Yes). Cancer - breast. tumors.

Surgical History

Ankle surgery - Right. hysterectomy. mastecomy. Thyroid. Tumor on ovary. Throat cyst.

Family History

Diabetes, Type II - Natural Mother. Cancer - Natural Father - What type of cancer? - Colon; Natural Sister - What type of cancer? - bone.

Social History

Smoking status: Never smoker (266919005). Smokeless Tobacco Use (No). IIlicit/Recreational Drugs (No). alcohol use (No). Alcohol (No).

*105

ACCOUNT INFORMATION

We're preparing information to show how much student loan interest you paid in 2014. It will be sent to you by the end of January in your billing n statement, if applicable. The statement or letter will serve as your official IRS Form 1098-E. You can also log in at www.edfinancial.com starting January 12 to view your tax information.

SEE REVERSE SIDE FOR IMPORTANT ACCOUNT INFORMATION PLEASE DETACH AND SEND BOTTOM PORTION WITH YOUR PAYMENT. NAME ON CHECK IF DIFFERENT FROM STATEMENT:

Check this box for change of address. See reverse side. Check this box if you completed the special payment instructions on the reverse side.

| Account Number | C872043321 | | :-- | --: | | Payment Due Date | $01 / 02 / 15$ | | Total Due | $$ 0.00$ |

Please write your account number on your check or money order. PLEASE DO NOT SEND CASH.

If a check is returned unpaid for insufficient funds, it may be represented electronically.

Prayment Address:

Edfinancial Services Dept. 888055 Knoxville, TN 37995-8055

*106

ACCOUNT INFORMATION

SEE REVERSE SIDE FOR IMPORTANT ACCOUNT INFORMATION

PLEASE DETACH AND SEND BOTTOM PORTION WITH YOUR PAYMENT. NAME ON CHECK IF DIFFERENT FROM STATEMENT:

Check this box for change of address. See reverse side.

Check this box if you completed the special payment instructions on the reverse side.

| Account Number | C872043321 | | :--: | :--: | | Payment Due Date | $01 / 02 / 15$ | | Total Due | $ 0.00 |

Please write your account number on your check or money order. PLEASE DO NOT SEND CASH.

If a check is returned unpaid for Insufficient funds, it may be represented electronically.

Payment Address:

Edfinancial Services Dept. 888055 Knoxville, TN 37995-8055

*107

ACCOUNT REFERRED FOR LEGAL ENFORCEMENT

Dear Atascosa County Taxpayer: This law firm has been retained to institute forced collection procedures to collect the Atascosa County delinquent taxes owed on the above referenced account. This letter and the detailed tax statement enclosed are your notice that these taxes are delinquent and must be paid immediately to avoid legal enforcement.

You must make payment within ten (10) days from the date of this letter In order to avoid legal enforcement, you should make payment immediately by returning the enclosed statement along with your check payable to:

YOU MAY OWE ADDITIONAL TAXES TO ENTITIES NOT SHOWN ON THE ATTACHED STATEMENT. FOR ADDITIONAL INFORMATION, PLEASE CONTACT THE OFFICE OF THE ATASCOSA COUNTY TAX ASSESSOR-COLLECTOR, LORETTA HOLLEY, AT (830) 769-3842.

If you believe this statement is in error, or that you are entitled to an exemption, or if you do not own the property, please WRITE this law office at 711 Navarro Street, Ste 300, San Antonio, TX 78205 and supply the ACCOUNT NUMBER along with your comments. If you need to set up a payment plan, contact our office at (800)876-6144 for more information. If you have an active payment plan, a lawsuit will not be filed.

IF YOU ARE 65 YEARS OF AGE OR OLDER OR ARE DISABLED, AND YOU OCCUPY THE PROPERTY DESCRIBED IN THIS DOCUMENT AS YOUR RESIDENCE HOMESTEAD, YOU SHOULD CONTACT THE APPRAISAL DISTRICT REGARDING ANY ENTITLEMENT YOU MAY HAVE TO A POSTPONEMENT IN THE PAYMENT OF THESE TAXES.

Sincerely,

Ronald E. Rocha Attorney at Law

ESTA CORRESPONDENCIA SE TRATA DE SUS IMPUESTOS Y LA POSIBILIDAD DE UNA DEMANDA ACERCA DE SU PROPIEDAD. SI USTED DESEA ASISTENCIA POR UNA PERSONA QUE HABLA ESPANOL, LLAME USTED A (800)876-6144 Y UNA PERSONA LE AYUDARA

*108

RE: Acct. # 17471 CAD#17471 - ABS A01239 J POITEVENT SV-1,9.45 ACRES (see attached $$ ELINQUENT ACCOUNT STATEMENT)

NOTICE OF LEGAL ENFORCEMENT

Dear Atascosa County Taxpayer: Our law firm mailed a letter dated July 16, 2014 advising you to pay your property taxes and they still remain unpaid. You must contact our office to address this matter and avoid legal action. We have legal representatives ready to assist you by calling (210) 362-9000.

Failing to contact our office or the Atascosa County Tax Office to pay your taxes can result in a lawsuit being filed against you seeking the foreclosure of your property. Once a lawsuit is filed, court costs and fees associated with the lawsuit will be your responsibility. You can avoid legal action and the possibility of foreclosure by contacting our law office or mailing payment today with the enclosed statement to:

Atascosa County
1001 Oak St
Jourdanton, TX 78026-2849
(830) $769 - 3842$

PLEASE DO NOT HESITATE - WE ARE HERE TO HELP YOU. We have been instructed by the Office of the Atascosa County Tax Assessor-Collector to advise you that if you are solicited by a lender offering to loan you money to pay your taxes through a tax lien transfer loan, be aware that administrative fees and costs are associated with the tax lien transfer loan. To learn about the options available to you to pay your taxes, contact our law office or the Atascosa County Tax Office.

If you believe this statement is in error please WRITE to our law office at 711 Navarro Street, Ste 300, San Antonio, TX 78205 and supply the ACCOUNT NUMBER along with your comments.

TEXAS LAW REQUIRES THAT WE NOTIFY YOU THAT IF YOU ARE 65 YEARS OF AGE OR OLDER OR DISABLED, AND YOU OCCUPY THE PROPERTY DESCRIBED IN THIS DOCUMENT AS YOUR RESIDENCE HOMESTEAD, YOU SHOULD CONTACT THE APPRAISAL DISTRICT REGARDING ANY ENTITLEMENT YOU MAY HAVE TO A POSTPONEMENT IN THE PAYMENT OF THESE TAXES.

*109

ATASCOSA COUNTY TAX OFFICE 1001 OAK STREET JOURDANTON, TX 78026

PAID BY:

CASTRO MARY ANN

PO BOX 495 PLEASANTON, TX 78064

*110

Mary Ann Castro PO Box 495 Pleasanton, TX 78064-0495 Loan Number: $44675$ Property Address: 1501 OLIVE STREET JOURDANTON, TX 78026

NOTICE OF DEFAULT AND INTENT TO ACCELERATE

Dear Mary Ann Castro:

| Next Payment Due Date | $12 / 01 / 2011$ | | :-- | --: | | Total Monthly Payments Due: | $$ 66, 367.76$ | | (35@$1,732.72) | | | Late Charges | $$ 4, 204.26$ | | Other Fees: | $$ 3, 395.00$ | | Unapplied Balance: | $($ 0.00)$ | | TOTAL YOU MUST PAY TO CURE DEFAULT: | $$ 73, 967.02$ |

The default above can be cured by payment of the total delinquency and reinstatement amount plus any

*111

additional payments and fees that become due by $11 / 13 / 2014$ . Note that in addition to the regular monthly payments, additional charges, costs and fees may become due during the period between today's date and the date the aforementioned payments are due. You may contact our Collection Department at (800) 327-7861 to obtain updated payment information.

Please include your loan number and property address with your payment and send to:

BSI FINANCIAL SERVICES
PO BOX 517
TITUSVILLE, PA 16354

or Overnight BSI FINANCIAL SERVICES 314 S FRANKLIN ST TITUSVILLE, PA 16354 If you wish to dispute the delinquency, or if you dispute the calculation of amount of the delinquency and reinstatement amount, you may contact us by calling (800) 327-7861.

You have the right to reinstate the loan after acceleration, and to bring a court action to assert the non-existence of a default or any other defense to acceleration or foreclosure sale. Failure to respond to this letter may result in the loss of your property. To the extent your obligation has been discharged or is subject to the automatic stay in a bankruptcy case, this notice is for informational purposes only and does not constitute a demand for payment or an attempt to collect a debt as your personal obligation. If you are represented by an attorney, please provide us with the attorney's name, address and telephone number.

BSI is the mortgage servicer for the mortgagee of the Deed of Trust and the parties have entered into an agreement granting BSI authority to service the mortgage and represent the mortgagee (the "Servicing Agreement"). Pursuant to the Servicing Agreement, BSI is granted authority to collect and service debt associated with the Deed of Trust. Under $§ 51.0025$ of the Texas Property Code, BSI, as mortgage servicer, is authorized to administer any resulting foreclosure of the property covered by the Deed of Trust on behalf of the Mortgagee. All communication about your mortgage should be made through the Mortgage Servicing Department of BSI at 314 S Franklin Street, Titusville, PA 16354.

Attention Servicemembers and Dependents: Assert and protect your rights as a member of the armed forces of the United States. If you are or your spouse is serving on active military duty, including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States, please send written notice of the active duty military service to the sender of this notice immediately. Servicemembers on active duty, or a spouse or dependent of such a servicemember, may be entitled to certain protections under the Servicemembers Civil Relief Act ("SCRA") regarding the servicemember's interest rate and the risk of foreclosure. SCRA and certain state laws provide important protections for you, including prohibiting foreclosure under most circumstances. If you are currently in the military service, or have been within the last 12 months, AND joined after signing the Note and Security Instrument now in default, please notify BSI Financial Services, Inc. immediately. When contacting BSI Financial Services, Inc. as to your military service, you must provide positive proof as to your military status. Servicemembers and dependents with questions about the SCRA

*112 should contact their unit's Judge Advocate, or their installation's Legal Assistance Officer. Homeowner counseling is also available at agencies such as Military OneSource (www.militaryonesource.mil; 1-800-342-9647) and Armed Forces Legal Assistance (http://legalassistance.law.af.mil), and through HUD-certified housing counselors (http://www.hud.gov/offices/hsg/sfh/hcc/hcs.cfm). You can also contact us toll-free at (800) 327-7861 if you have questions about your rights under SCRA.

If you are experiencing financial difficulty, you should know that there are several options available to you that may help you keep your home. You may contact a government approved housing counseling agency which provides free or low-cost housing counseling. You should consider contacting one of these agencies immediately. These agencies specialize in helping homeowners who are facing financial difficulty. Housing counselors can help you assess your financial condition and work with us to explore the possibility of modifying your loan, establishing an easier payment plan for you, or even working out a period of loan forbearance. For your benefit and assistance, there are government approved homeownership counseling agencies designed to help homeowners avoid losing their homes. To obtain a list of approved counseling agencies, please call (800) 569-4287 or visit http://www.hud.gov/offices/hsg/sfh/hcc/hcs.cfm.

You may be eligible for assistance from the Homeownership Preservation Foundation or other foreclosure counseling agency. You may call the following toll-free number to request assistance from the Homeownership Preservation Foundation: (888) 995-HOPE (4673). If you wish, you may also contact us directly at (800) 327-7861 and ask to discuss possible options.

If your loan was originated as a Texas Home Equity Loan under the Texas Constitution, Article XVI, Section 50(a)(6), your property will be scheduled for foreclosure in accordance with Rules 735 and 736 of the Texas Rules of Civil Procedure and the Texas Constitution, by obtaining a court order for the foreclosure.

This matter is very important. Please give it your immediate attention. Sincerely, BSI Financial Services, Inc. 314 S Franklin Street Titusville, PA 16354 (800) $327 - 7861$

FEDERAL LAW REQUIRES US TO ADVISE YOU THAT BSI FINANCIAL SERVICES, INC. IS A DEBT COLLECTOR AND THAT THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. TO THE EXTENT YOUR OBLIGATION HAS BEEN DISCHARGED OR IS SUBJECT TO THE AUTOMATIC STAY IN A BANKRUPTCY PROCEEDING, THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE A DEMAND FOR PAYMENT OR AN ATTEMPT TO COLLECT AN INDEBTEDNESS AS YOUR PERSONAL OBLIGATION. IF YOU ARE REPRESENTED BY AN ATTORNEY, PLEASE PROVIDE US WITH THE ATTORNEY'S NAME, ADDRESS AND TELEPHONE NUMBER.

NOTES

Licensed as Servis One, Inc. dba BSI Financial Services. BSI Financial Services NMLS # 38078. Customer Care Hours: Mon. - Thurs. 8:00 am to 8:00 pm (ET), Fri. 8:00 am to 5:00 pm (ET), Sat. 8:00 am to 12:00 pm (ET). Colorado Office Location: 13111 E. Briarwood Ave., Suite 340, Centennial, CO 80112 (303) 309-3839. Licensed as a Debt Collection Agency by the New York City Department of Consumer Affairs, (# 2001485-DCA). North Carolina Collection Agency Permit (# 105608). If you have filed a bankruptcy petition and there is an "automatic stay" in effect in your bankruptcy case or you have received a discharge of your personal liability for the obligation identified in this letter, we may not and do not intend to pursue collection of that obligation from you personally. If either of these circumstances apply, this notice is not and should not be construed to be a demand for payment from you personally. Unless the Bankruptcy Court has ordered otherwise, please also note that despite any such bankruptcy filing, whatever rights we hold in the property that secures the obligation remain unimpaired.

*** Payment code of 'Partial' indicates this transaction is considered a partial payment. Please contact the Tax Office for balance due information.

Read the detailed case summary

BACKGROUND FACTS

F)

G) SUMMARY OF ARGUMENT

RELIEF FROM AGREEMENT

THE PRAYER APPELLANT REQUEST

JUDGE PRESIDING, Dovid Canales

APPROVED AS TO FORM:

OnkOmeiradOa

APPROVED AS TO FORM AND SUBSTANCE:

Coly /plake / Zipeode

ORIGINAL COUNTERPETITION FOR DIVORCE

UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

CHAPTER 13 STANDING TRUSTEE'S FINAL REPORT AND ACCOUNT

Receiuts:

Expenses of Administration:

Scheduled Creditors:

NOTICE OF DEFAULT AND INTENT TO ACCELERATE

Comparative Market Analysis

Property At:

Comparative Market Analysis

Property At: 1501 Olive Street

Prepared By: Karen Potts

Comparative Market Analysis

Property At:

Seller's Statement Property At:

Prepared For: Manuel Castro 1501 Olive Jourdanton, TX 78026

Statement of Account

ATASCOSA COUNTY TAX OFFICE

City, Zip, Neighborhood, Address or MLS# Search

UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

Case No. 12-52696 G

CHAPTER 13 STANDING TRUSTEE'S FINAL REPORT AND ACCOUNT

UST Form 101-13-FR-S (9/1/2009)

MalaiSE Law Firm

UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

CERTIFICATE OF SERVICE

NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA.

MOTION TO DECLARE AGREEMENT FOR FINAL DIVORCE VOID

Notice of Hearing

Gloria Saldaña

Certificate of Service

Affidavit of Mary Ann Castro

2 Ω 2

VERIFICATION REQUIRED

MARYANN

CASTRO

YOUR OLD ADDRESS

MARYANN CASTRO 23302 HICKORY SHADOW ELMENDORF TX 78112-6172

YOUR NEW ADDRESS

NOTIFY CORRESPONDENTS WHO SEND YOU MAIL

MAIL FORWARDING EXPIRATION DATES

IMPORTANT MESSAGES FROM THE U.S. POSTAL SERVICE REGARDING YOUR MAIL FORWARDING REQUEST:

WHY THE YELLOW LABELS?

Important payment information

About mortgage payment assistance

About PMA® Package benefits

APPELLEE

Important payment information

About mortgage payment assistance

About PMA® Package benefits

12-52596-cag Doc#63 Filed 09/04/14 Entered 05/04/14 20:37:39 Main Document Pg 4 of 5

COnn 651 &; 44675

SOM

UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

TRUSTEE'S AMENDED OBJECTION TO MOTION TO APPROVE AGREEMENT FOR FINAL DIVORCE NUNC PRO TUNG AND REQUEST FOR HEARING

IT IS HEREBY ADJUDGED and DECREED that the below described is SO ORDERED.

Craig &;. Mngers

IN THE UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

DEBTOR(S) CASE NO. 12-52696-G

CHAPTER 13

§

III. RELIEF FROM THE STAY

BUCKLEY MADOLE

FAIR DEBT COLLECTION PRACTICES ACT NOTIFICATION

NOTICE OF SERVICING TRANSFER

Current Servicer:

New Servicer:

NOTICE OF ACCELERATION AND NOTICE OF TRUSTEES SALE

DEED OF TRUST INFORMATION:

MORTGAGE SERVICING INFORMATION:

Prepared By:
Karen Potts

Seller's Statement
Property At:

UNITED STATES BANKRUPTCY COURT
WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION

$2 Ω 2$

DEBTOR(S)
CASE NO. 12-52696-G

$§$

James E. Dickson Jr., M.D.
Diplomate American Board of Psychiatry and Neurology 14815 San Pedro Ave. San Antonio, Texas 78232
Phone: (210) 494-1991
Fax: (210) 494-7575

Atascosa County
1001 Oak St
Jourdanton, TX 78026-2849
(830) $769 - 3842$

BSI FINANCIAL SERVICES
PO BOX 517
TITUSVILLE, PA 16354