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Law Office of Anthony S. Muharib, PLLC v Zeus Lending.com, Inc; New York Mutual, LLC, Peter Farrell and Tama Lindquist

Harris County Case 2023-26587

Status: Active

This is a suit to rescind two (2) foreclosure proceedings conducted by Defendants, Zeus Lending.com and New York Mutual, LLC on Tuesday March 7, 2023 and abate any sales and/or transfers of the subject properties in Harris County.

Plaintiff, Law Office of Anthony S. Muharib, PLLC (hereinafter referred to as “Muharib, PLLC”) is a law office that under its real estate holdings an investment division entered into a series of acquisitions with the Defendant Zeus Lending.com (hereinafter referred to as Zeus) between May, 2020 and March, 2021.

More specifically, these promissory notes and deeds of trust involved two (2) properties in Harris County described below as:

a.) 4002 Meadowlake, Houston, TX 77027 acquired 5/15/2020; note $1,920,000.00.

b.) 1944 Larchmont, Houston, TX 77019 acquired 3/19/2021; note – $2,980,000.00.

….Plaintiff made timely payments in accordance with the interest and draw schedules as each note involved construction payments on each address.

Unfortunately, in spite of this record of consistent payments per the above referenced notes, Plaintiff began to encounter problems in getting an accounting of these payments and balances due on each note.

More specifically, Plaintiff’s office manager – Wilbert LeFleur made several requests for an accounting and to receive a monthly statement from Defendant in order to reconcile Plaintiff’s records of electronic payments made with no success.

When these efforts by Mr. LeFleur failed, Plaintiff retained counsel and he forwarded a letter requesting an accounting on or about May 4, 2022.

In spite of Defendant receiving counsel for Plaintiff’s debt validation and accounting request and failing to respond; it posted these two (2) properties for foreclosure on Tuesday, June 7, 2022 and Plaintiff had to seek court intervention to preserve the substantial equity and investment it had in both properties by filing a lawsuit and obtaining a temporary restraining order in Cause No. 2022-33573….

Upon the abatement of this foreclosure proceeding Plaintiff and Defendants through their counsel entered into a series of conversations and exchange of documents over several months resulting in settlement of claims including the modification of real estate lien notes of the subject properties and cross collateralization agreement.

Unfortunately, within two (2) months of the modification of real estate notes and liens on the two (2) subject properties being executed, Plaintiff once again experienced dilatory tactics by Defendant Zeus’ representative, Jennifer Guzman in the administering of his loans.

More specifically, Plaintiff’s representative Wilbert LaFleur forwarded payments per the modification agreements to Defendant Zeus on the following date:

12/05/2022 wire amount $ 7,635.34
12/05/2022 wire amount $20,481.54
12/05/2022 wire amount $24,522.66

1/31/2023 Larchmont pmt. acct# 10851 $31,019.77
3/03/2023 11506 Sea Butterfly acct# 11012 $ 8,106.31
3/03/2023 11534 Sea Butterfly acct# 11014 $11,977.58

In spite of the aforementioned payments and communications between Defendant Zeus’ representative – Guzman and LaFleur, the Defendant Zeus forwarded a Notice of Acceleration and Foreclosure Sale on or about February 11, 2023 posting the subject properties on Tuesday, March 7, 2023.

Upon review of the Plaintiff’s bank and payment records, Mr. LaFleur attempted to contact Ms. Guzman for an accounting and clarification on what, if any amounts were owed on the subject properties however he never received a validation of what amounts may be owed only the foreclosure notices.

Thereafter, Defendants moved forward with the foreclosure of the subject properties at 1944 Larchmont and 4002 Meadow Lake on March 7, 2023 and has subsequently listed both properties for sale.

Source: Plaintiff’s Original Petition and Application for Injunctive Relief filed 4/27/2023 (emphasis added)