Harris County Case 2018-83279
On or about September 6, 2016, Astoria became the record owner of the Property by Warranty Deed from the condominium developed, DC Partners I, LP.
On or about September 19, 2016, Astoria entered into a mortgage transaction with Zeus/NYM by which Astoria borrowed the sum of $348,000 from Zeus/NYM and granted Zeus/NYM a deed of trust in the Property to secure the debt.
On or about March 16,2018, Astoria and Zeus/NYM entered into a loan modification agreement that extended the maturity of the note to September 1, 2018.
Astoria is controlled and managed by Eric Bustamante (“Bustamante”). Bustamante is a Mexican national and at all times relevant to this Petition resided in Mexico. Bustamante’s affairs as they relate to the Property are handled locally by his agent Amythyst Manning (“Manning”). Manning communicated with Zeus/NYM regarding all loan-related matters. Zeus/NYM knew Manning resided in the Property under a lease with Astoria. Zeus/NYM knew Manning was the primary contact for all loan-related statements and notices. Zeus/NYM noticed the Property for a non-judicial foreclosure sale on November 6, 2018.
When Zeus/NYM noticed the Property for the foreclosure sale, Zeus/NYM did not send the notice of sale to Manning at the Property but rather sent it to an address in San Antonio to which Bustamante and Astoria had no connection whatsoever. Astoria was not aware the Property had been sold until a phone call Manning had with a Zeus/NYM representative on November 7, 2018. The notice of sale states the earlies time the sale would begin is November 6, 2018 at 10:00 AM and that the sale will begin ”at the time of sale or not later than three hours thereafter.” Upon information and belief, the Property was sold via credit bid at approximately 3:40 PM to Zeus/NYM for the approximate amount of $371,888.68. The Harris County Appraisal District currently values the Property at $633,099.
Source: Plaintiff’s Original Petition and Application for Ex-Parte Temporary Restraining Order and Temporary Injunction filed 11/19/18 (emphasis added)
Per Amythyst Manning’s declaration 11/20/2018, “When there was an issue with Astoria’s payment via credit card in August of 2018, Zeus/NYM sent Bustamante and me an email notice saying something was wrong with the credit card on file. I called Zeus/NYM and I corrected the problem with the card. The August 2018 payment was made and it was confirmed by my email address and I got notification sent to Bustamante about the payment as well. I called on November 6, 2018 to make another payment and I spoke to Carol Kebbler of Zeus/NYM who informed me that they were selling the Property that day and there was nothing I could do to stop it. I asked her why Zeus/NYM didn’t notify Bustamante or me as they knew the best way to contact or give information was it had always been via email or phone calls to me. The only thing she could say is they gave notification to an address in San Antonio.” “….the notice of sale was sent to an address in San Antonio to which Bustamante and Astoria have no connection whatsoever.”
Source: Declaration of Amythyst Manning filed 11/20/18 (emphasis added)