Fax (832) 471-1842
`
`Fort Bend County
`Justice of the Peace, Pct 3
`Judge Sonia Rash
`12919 Dairy Ashford Suite 100
`Sugar Land TX 77478
`Phone 281-491-6016
`
`CERTIFICATE OF TRANSCRIPT
`
`1, Judge Sonia Rash, Justice of the Peace of Precinct 3, Fort Bend County, Texas, do hereby
`certify that the attached is a true and correct copyof all the entries made on my docket in
`the cause of:
`
`Wilmington Savings Fund Society
`Vs
`AnthonyCallis,annette Callis And All Occupants
`
`No. 23-JEV31-01736 in this court; the same was made out by me immediately upon the
`granting and perfecting of the appeal of this cause to the County Court ofthis county; and I
`do further certify that a certified copy of the bill of costs in such cause taken from myfee
`book and the original papers therein accompanythis transcript and are being sent by meto
`the County Clerk of Fort Bend County, Texas, herewith.
`
`Signed and certified this on this the 27th day of October, 2023.
`
`
`
`Dorin. Pash
`
`Judge Sonia Rash
`
`Justice of the Peace, Pct 3
`
`
`
`

`

`Case No. 23-JEV31-01736
`
`WILMINGTON SAVINGS FUND SOCIETY
`VS
`ANTHONY CALLIS,ANNETTE CALLIS AND ALL OCCUPANTS
`
`BILL OF COSTS
`
`$64.00
`$
`$
`$
`$
`$
`$
`$
`$
`$
`$
`
`118.00
`
`$ $ $ $ $ $ $ $ $ $
`
`$160.00
`$
`$
`$
`$
`$160.00
`$278.00
`
`Filing Appeal from Inferior Court
`Filing Cross Action
`Filing Intervention
`Filing Contempt Action
`Filing Motion for New Trial
`Subpoena(s)
`Citation(s)
`Commission(s) of Depositions
`Writ of Possession
`Order of Sale
`Execution and Orderof Sale
`Writ of Re-Entry
`Writ of Garnishment
`Writ of Attachment
`Writ of Sequestration
`Writ of
`Additional Copies of
`Certificates
`Abstracting
`Approving
`TOTAL CLERK’S FEES
`
` i
`
`
`
`Judgment(s)
`Bond(s)
`
`SHERIFF/CONSTABLE FEES
`
`Executing
`Executing
`Executing
`Summoning
`Jury Fee
`TOTAL SHERIFF/CONSTABLE FEES
`TOTAL COSTS
`
`Witnesses
`
`The foregoing bill of costs | certify to be correct against the Defendant, ANTHONY CALLIS;
`Annette Callis
`
`Witness my official signature, at 12919 Dairy Ashford Suite 100 Sugar Land TX 77478, on this
`
`the27th day ofOctober, 2023.
`
`=
`
`, R
`Donia ah
`
`>=ee
`Judge Sonia Rash
`
`Justice of the Peace, Pct 3
`
`

`

`
`
`Sonia Rash
`Justice of the Peace, Pct. 3
`12919 Dairy Ashford, Suite 100
`Sugar Land, Texas 77478
`
`October 27, 2023
`
`The Honorable Laura Richard
`County Clerk, Fort Bend County
`301 Jackson Street
`Richmond, Texas 77469
`
`RE: Wilmington Savings Fund Society
`
`VS
`
`ANTHONY CALLIS; Annette Callis AND ALL OCCUPANTS
`Case No.: 23-JEV31-01736
`
`Enclosed pleasefind the certifications, original complaint, notice of appeal and all other
`correspondence pertaining to the above mentioned case.
`
`If you have any questions, please do not hesitate to contact our office.
`
`Sincerely,
`
`MA din, Malt
`
`Megan McCall
`Court Clerk, JP3
`
`enclosures
`
`

`

`
`
`
`
`Fort Bend County
`Justice of the Peace, Pct 3
`Honorable Sonia Rash
`12919 Dairy Ashford Suite 100
`Sugar Land TX 77478
`Phone 281-491-6016
`Fax (832) 471-1842
`
`CERTIFICATION
`
`| hereby certify that the attached documents are true and correct originals
`of all proceedings held in connection with Case No.23-JEV31-01736, styled as:
`
`Wilmington Savings Fund Society
`Vs
`Anthony Callis,annette Callis And All Occupants
`
`as it appears in the records of the Justice of the Peace, Pct 3, Fort Bend County, Texas.
`
`2023.
`
`Signed and certified this on this the 27th day of October,
`
`Megan McCall, Deputy Justice Court
`Justice of the Peace, Pct 3
`Fort Bend County, Texas
`
`Enclosed in this appeal are the documents as noted on the following case summary.
`
`

`

`Electronically Filed
`9/28/2023 7:23 AM
`Rash, Sonia
`Justice of the Peace, Pct 3
`Fort Bend County, Texas
`
`CAUSE NO23-JEV31-01736__
`
`IN THE JUSTICE COURT
`
`PRECINCT3
`
`FORT BEND COUNTY, TEXAS
`
`§§ § § § §§§;§
`
`§ § § §§
`
`Wilmington Savings Fund Society,
`FSB,not in its individual capacity
`but solely as Certificate Trustee of
`Bosco Credit II Trust Series 2010-1
`Plaintiff
`
`Vv.
`
`ANTHONY CALLIS AND
`ANNETTE CALLIS and ALL
`OCCUPANTSof 12310 ROBIN
`MEADOW CIRCLE, STAFFORD,
`TX 77477
`Defendant(s)
`
`SUIT TO EVICT
`
`THIS SUIT TO EVICT INVOLVES IMMEDIATE DEADLINES. A TENANT WHO IS
`SERVING ON ACTIVE MILITARY DUTY MAY HAVE SPECIAL RIGHTS OR
`RELIEF RELATED TO THIS SUIT UNDER FEDERAL LAW, INCLUDING THE
`SERVICEMEMBERSCIVIL RELIEF ACT (50 U.S.C. APP. SECTION 501 ET SEQ.),
`OR STATE LAW, INCLUDING SECTION 92.017, TEXAS PROPERTY CODE. CALL
`THE STATE BAR OF TEXAS TOLL-FREEAT 1-877-9TEXBAR IF YOU NEED HELP
`LOCATING AN ATTORNEY. IF YOU CANNOT AFFORD TO HIRE AN ATTORNEY,
`YOU MAYBE ELIGIBLE FOR FREE OR LOW-COST LEGAL ASSISTANCE,
`
`TO THE HONORABLE JUDGE OF SAID COURT:
`
`COME NOW,Wilmington Savings Fund Society, FSB, not in its individual capacity but
`
`solely as Certificate Trustee of Bosco Credit II Trust Series 2010-1, (hereinafter “Plaintiff”), and
`
`files this Original Petition for Forcible Detainer complaining of ANTHONY CALLIS AND
`
`ANNETTE CALLIS and ALL OCCUPANTS OF 12310 ROBIN MEADOW CIRCLE,
`
`STAFFORD, TX 77477 (hereinafter “Defendants”) and would respectfully show the Court as
`
`
`
`follows:
`
`21-000069-740-16
`
`
`
`

`

`I.
`
`1.
`
`Plaintiff acquires loan agreements secured by real property in the State of Texas
`
`and, when necessary, enforces such security interests. With respect to the Property the subject of
`
`this proceeding, Plaintiff is the mortgagee, as “mortgagee” is defined in TEX. PROP. CODE §
`
`51.0001(4).
`
`Defendant(s), ANTHONY CALLIS AND ANNETTE CALLIS and ALL OCCUPANT
`may be served with process at 12310 ROBIN MEADOW CIRCLE, STAFFORD, TX
`77477.
`
`Defendants(s) and all occupants of 12310 ROBIN MEADOW CIRCLE, STAFFORD, TX 77477
`
`are residents of this County.
`
`Pursuant to Rule 510.4 of the Texas Rules of Civil Procedure, the
`
`undersigned verifies that such address is the sole home or work address of these Defendant(s),
`
`which is known to the person filing this petition, and that to the best of his or her knowledge,
`
`such person knows of no other home or work address of the Defendant(s) in the County where
`
`the property is located.
`
`Il.
`
`2.
`
`Defendant(s) are currently in possession of the real property described as follows:
`
`LOT TWELVE(12), IN BLOCK FOUR (4), OF SOUTHMEADOW,SECTION TWO(2), A
`
`SUBDIVISION IN FORT BEND COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT
`
`THEREOF, RECORDEDIN SLIDE NOS. 1451/A AND 1451/B, OF THE PLAT RECORDS
`
`OF FORT BEND COUNTY, TEXAS.
`
`21-000069-740-16
`
`
`
`
`

`

`3.
`
`The Property is situated within the jurisdiction of Fort Bend County andis herein
`
`referred to as the “Property”. The premises is not a “covered dwelling” subject to Section 4024
`
`of the CARES Act. The Plaintiff is not a multifamily borrower under forbearance subject to
`
`Section 4023 of the CARES Act. Because the property is not a covered dwelling and the
`
`Plaintiff is not a multifamily borrower under forbearance under the CARESAct a 30 day notice
`
`is not required. Plaintiff has reviewed the information about the Texas Eviction Diversion
`
`Program available at www.txcourts.gov/eviction-diversion. Finally, the Defendant has not
`
`provided Plaintiff with a declaration under the Centers for Disease Control and Prevention’s
`
`agency order.
`
`III.
`
`4,
`
`Plaintiff is the owner of the Property pursuant to a Trustee’s Deed or Substitute
`
`Trustee’s Deed, recorded in the Real Property Records of Fort Bend County. Plaintiff is not a
`
`“multifamily borrower” under forbearance subject to Section 4023 of the CARES Act, and
`
`Plaintiff ts not seeking to recover possession based on nonpaymentofrent.
`
`IV.
`
`5.
`
`In accordance with Sections 24.005 and 24.006 of the Texas Property Code, on
`
`09/21/2023 written demand by certified mail/return receipt requested and First Class Mail was
`
`made upon Defendant(s) to vacate the premises located on the Property. Defendant(s) have
`
`failed to honor Plaintiff's demand for possession and have refused to vacate the premises.
`
`Plaintiff has not provided Defendants with 30 days’ notice to vacate as the underlying loan was
`
`not federally backed and is therefore excluded from Sections 4024(c) and 4023(e) of the CARES
`
`Act.
`
`21-000069- 740-16
`
`
`
`

`

`6.
`
`Pursuant
`
`to Section 24.002 of the Texas Property Code, Defendant(s) have
`
`committed a forcible detainer as the occupant is a tenant at will or by sufferance including an
`
`occupantat the time of foreclosure.
`
`Vi
`
`7,
`
`As a result of Defendani(s)' forcible detainer, Defendant(s) have been in wrongful
`
`possession of the property since the date of a foreclosure sale.
`
`8.
`
`All conditions precedent have been performed or have occurred as required by
`
`TEX. R. Civ. P. 54.
`
`--
`
`WHEREFORE, PREMISES CONSIDERED,Plaintiff prays that upon final hearing
`
`hereofjudgment be entered in favor of Plaintiff for: (1) possession of the Property; (2) a writ of
`
`possession for the Property; (3) costs of suit for this action; and (4) such other and furtherrelief,
`
`generalor special, at law or in equity, to which it may showitself to be justly entitled.
`
`Respectfully submitted,
`
`Y)
`
`arla Balli
`Attorney, State Bar No. 24035997
`Mackie Wolf Zientz & Mann,P.C.
`Parkway Office Center, Suite 900
`14160 Dallas Parkway
`Dallas, Texas 75254
`Phone: (214) 635-2650
`Facsimile: (214) 635-2686
`
`21-000069-740-16
`
`

`

`
`
`CAUSE NO.
`
`Wilmington Savings Fund Society,
`FSB,notin its individual capacity
`but solely as Certificate Trustee of
`Bosco Credit IT Trust Series 2010-1
`Plaintiff
`
`Vv.
`
`AND
`CALLIS
`ANTHONY
`ANNETTE CALLIS
`and ALL
`OCCUPANTS
`of
`12310 ROBIN
`MEADOW CIRCLE, STAFFORD,
`TX 77477
`te
`Defendant(s)
`
`OGGGORGBR0G0GOS5G600OBOOgeGOSaoe
`
`IN THE JUSTICE COURT
`
`PRECINCT3
`
`FORT BEND COUNTY, TEXAS
`
`CERTIFICATE OF LAST KNOWN ADDRESS
`
`Pursuant to Tex. R. Civ. P. 239a, Wilmington Savings Fund Society, FSB, not in its
`
`individual capacity but solely as Certificate Trustee of Bosco Credit II Trust Series 2010-1
`
`(“Plaintiff”), its successors and assigns, by and through its undersigned counsel, hereby certifies
`
`that the last known address(es) for Defendant(s) are as follows:
`
`ANNETTE CALLIS
`12310 ROBIN MEADOW CIRCLE, STAFFORD, TX 77477
`ANTHONY CALLIS
`12310 ROBIN MEADOW CIRCLE, STAFFORD, TX 77477
`
`Respectfully submitted,
`
`Date of Execution: September 27, 2023
`
`Kafla Balti
`Attorney, State Bar No. 24035997
`Mackie Wolf Zientz. & Mann, P.C.
`Parkway Office Center, Suite 900
`14160 Dallas Parkway
`Dallas, Texas 75254
`Phone: (214) 635-2650
`Facsimile: (214) 635-2686
`
`21-000069-740-16
`
`
`
`
`

`

`23-JEV31-01736
`
`Electronically Fited
`9/28/2023 7:23 AM
`Rash, Sonia
`Justice of the Peace, Pct 3
`Fort Bend County, Texas
`
`CAUSE NO,
`
`Wilmington Savings Fund Society,
`FSB, not in its individual capacity
`but solely as Certificate Trustee of
`Bosco Credit II Trust Series 2010-1
`Plaintiff
`
`v.
`
`ANNETTE CALLISand
`and ALL
`ANTHONY CALLIS
`OCCUPANTS
`of
`12310 ROBIN
`MEADOW CIRCLE, STAFFORD,
`TX 77477
`-
`Defendant(s)
`
`62QDCER5GGORUGRGORUGCOD6GnUO?
`
`IN THE JUSTICE COURT
`
`PRECINCT3
`
`FORT BEND COUNTY, TEXAS
`
`PLAINTIFF’S SERVICEMEMBER’S AFFIDAVIT
`
`Before me, the undersigned notary, on this day personally appeared Karia Balli, a person
`
`whose identity is known to me. After ] administered the oath, upon that oath, he said:
`
`“My name is Karla Balli, | am capable of making this affidavit.
`
`1 understand that if I
`
`make or use a military status affidavit, knowingit to be false, I may be fined, imprisoned for not
`
`more than one year, or both. See 50 U.S. C. app. Section 521 (c). The facts stated in this
`
`affidavit are within my personal knowledge and are true andcorrect.
`
`Defendant ANTHONY CALLIS and Defendant ANNETTE CALLIS are not in
`
`the military.
`
`In Support, attached are the papers showing military status from the
`
`Department of Defense Manpowerdata center database.
`
`The unknown Occupant(s) Social Security Number is not available because
`
`he/she is not the borrower(s) on the loan, and thus, Mackie Wolf Zientz & Mann,
`
`P.C. is unable to determine whether or not that Defendant(s) is in the military
`
`service.
`
`Date of Execution: September 27, 2023
`
`Balli
`afla
`Attorney, State Bar No. 24035997
`Mackie Wolf Zientz & Mann, P.C.
`
`21-000069-740-16
`
`

`

`Parkway Office Center, Suite 900
`14160 Dallas Parkway
`Dallas, Texas 75254
`Phone: (214) 635-2650
`Facsimile: (214) 635-2686
`
`SWORN TO AND SUBSCRIBEDbefore me by Karla Baili on this day 27th day of September,
`2023.
`
`Notary Pubiic, State of Texas
`
`DONALD JOHNSON JR
`
`21-000069- 740-16
`
`

`

`Results as of : Sep-27-2023 07:54:14 AM
`SCRA 5.18
`
`Department of Defense Manpov’ - Data Center
`
`
`
`SSN:
`
`Birth Date:
`
`Status Report
`Pursuant to Servicernembers Civil Relief Act
`
`XXX-XX-2787
`
`Last Name:
`
`CALLIS
`
`First Name:
`
`ANTHONY
`
`Middle Name:
`
`Sep-27-2023
`Status As Of:
`Certificate ID:©LXM7Q3LFX1BYXNV
`
`‘On Active Duty On Active Duly Status Date
`Baer
`Active Duty End Date
`Active Duty Start Date
`poe
`
`Bante
`
`i
`
`
`
`“
`Left Active Duty Within 367 Days of Active Duty Status Date
`ae BuySw ie On Ea Dtreeoeaineen|
`
`
`
`This responsereflects where the individualleft active duty status within 367 days precedingthe Active Duly Status Date
`
`The Member or His/Her Unit Was Notified of a Future Call-Upto Active Duty on Active Duly Stetus Date
`
`
`
`
`
`
`
`NA
`
`No
`NA
`This response reflects whetherthe individual or his/her unit has received early notification to report for active duty
`
`NA
`
`Upon searching the data banks of the Department of Defense Manpower Data Center, based onthe information that you provided, the aboveis the status of
`the individual on the active duty status date asto all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, Space Force, NOAA, Public
`Health, and Coast Guard). This status includes information on a Servicememberorhis/herunit receiving notification of future orders to report for Active Duty.
`
`Sam peacgeptated
`
`Sam Yousefzadeh, Director
`Department of Defense - Manpower Data Center
`4800 Mark Center Drive, Suite 0425
`Alexandria, VA 22350
`
`

`

`The Defense Manpower Data Center (DMDC)is~ »rganization of the Department of Defense (DoD)that m-" ‘ains the Defense Enrollment andEligibility
`Reporting System (DEERS) database whichis t
`ficial source of data oneligibility for military medical ca,
`—_.d other eligibility systems.
`
`The DoDstrongly supports the enforcementof the ServicemembersCivil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA)(formerly known as
`the Soldiers’ and Sailors’ Civil Relief Act of 1940), DMDC hasissued hundredsof thousands of "does not possess any information indicating that the
`individualis currently on active duty" responses, and has experienced only a small errorrate. In the eventthe individual referenced above, or any family
`member,friend, or representative asserts in any mannerthat the individual was on active duty for the active duty status date, or is atherwise entitled to the
`protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact
`information can be found on the SCRA website's FAQ page (Q35)via this URL: https://scra.dmdc.osd.mil/scra/#/faqs.If you have evidence the person
`was onactive duty for the active duty status date and youfail to obtain this additional Service verification, punitive provisions of the SCRA maybe invoked
`against you. See 50 USC App. § 3921(c).
`
`(1) The individual's Active Duty status on the Active Duty Status Date (2) Whetherthe individualleft Active
`This responsereflects the following information:
`Duty status within 367 days preceding the Active Duty Status Date (3) Whetherthe individual or his/her unit received early notification to report for active
`duty on the Active Duty Status Date.
`
`More information on "Active Duty Status”
`Active duty status as reportedin this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only someof the active duty periodsless
`than 30 consecutive days in length were available.
`In the case of a memberof the National Guard, this includes service undera call to active service
`authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the
`President and supported by Federal funds. All Active Guard Reserve (AGR) members mustbe assigned against an authorized mobilization position in the
`unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
`Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service memberwhois an active duty commissioned officer of the U.S.
`Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
`
`Coverage Under the SCRAis Broader in Some Cases
`Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
`reported as on Active Duty underthis certificate. SCRA protections are for Title 10 and Title 14 active duty recordsfor all the Uniformed Services periods.
`Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC § 101(d)(1).
`
`Manytimes orders are amendedto extend the period of active duty, which would extend SCRAprotections. Persons seeking to rely on this website
`certification should check to make sure the orders on which SCRAprotections are based have not been amendedto extendthe inclusive dates of service.
`Furthermore, some protections of the SCRA may extend to persons who have received ordersto report for active duty or to be inducted, but who have not
`actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a numberof protections of the SCRA
`extend beyondthe last dates of active duly.
`
`Those whocould rely on this certificate are urged to seek qualified legal counsel to ensure thatall rights guaranteed to Service members under the SCRA
`are protected
`
`WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing
`erroneous information will cause an erroneouscertificate to be provided.
`
`

`

`Pesos as of 2 Sepr2)-2029. 0724:14 AM
`SCRA 5.18
`
`Department of Defense Manpow ~ Data Center
`
`
`
`SSN:
`
`Birth Date:
`
`Status Report
`Pursuant to Servicemembers Civil Relief Act
`
`XXX-XX-9593
`
`Last Name:
`
`CALLIS
`
`First Name:
`
`ANNETTE
`
`Middle Name:
`Status As Of:|Sep-27-2023
`Certificate ID:
`KHROCX26ZPW7GGR
`
`pee Day Son Oi
`
`On Active Duty OnActive Duly Status Date
`
`s
`
`:
`
`Left Active Duty Within 367 Days of Active Duty Status Date
`
`
`jee onyenooe|Steore|
`
`This responsereflects the individuals’ active duty stalus based on the ActiveDuty Status Date
`
`
`Pemd
`This responsereflects where the individualleft active duty status within 367 days preceding the Active Duty Status Date
`This response reflects whetherthe individualor his/her unit has received early notification to report for active duty
`
`The Memberor His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
`Se Rann Sa a
`OrNotcatin EO
`NA PRie
`
`Upon searching the data banksof the Department of Defense Manpower Data Center, based on the information that you provided, the aboveis the status of
`the individual on the active duty status date asto all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, Space Force, NOAA, Public
`Health, and Coast Guard). This status includes information on a Servicememberorhis/her unit receiving notification of future orders to report for Active Duty.
`
`Sam wenaignated
`
`Sam Yousefzadeh, Director
`Department of Defense - Manpower Data Center
`4800 Mark Center Drive, Suite 04E25
`Alexandria, VA 22350
`
`
`
`

`

`The Defense Manpower Data Center (DMDC) is ~~ organization of the Department of Defense (DoD) that m-'-tains the Defense Enrollment and Eligibility
`Reporting System (DEERS) database whichis ti
`ficial source of data oneligibility for military medical ca.
`—_d othereligibility systems.
`
`The DoDstrongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA)(formerly known as
`the Soldiers’ and Sailors’ Civil Relief Act of 1940). DMDC has issued hundreds of thousandsof "does not possess any information indicating that the
`individualis currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above,or any family
`member,friend, or representative asserts in any mannerthat the individual was on active duty for the active duty status date, oris otherwise entitled to the
`protections of the SCRA, you are strongly encouragedto obtain further verification of the person's status by contacting that person's Service. Service contact
`information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/scra/#/faqs.If you have evidence the person
`was on active duty for the active duty status date and youfail to obtain this additional Service verification, punitive provisions of the SCRA may beinvoked
`against you. See 50 USC App.§ 3921(c).
`
`(1) The individual's Active Duty status on the Active Duty Status Date (2) Whetherthe individualleft Active
`This response reflects the following information:
`Duly status within 367 days preceding the Active Duty Status Date (3) Whetherthe individualor his/her unit received early notification to report for active
`duty on the Active Duty Status Date.
`
`Moreinformation on "Active Duty Status"
`Active duty status as reportedin this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only someofthe active duty periods less
`than 30 consecutive days in length were available.
`In the case of a memberof the National Guard,this includes service undera call to active service
`authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the
`President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
`unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
`Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member whois an active duty commissioned officer of the U.S.
`Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
`
`Coverage Under the SCRA is Broader in Some Cases
`Coverage under the SCRAis broaderin some cases and includes some categories of personson active duty for purposes of the SCRA who would not be
`reported as on Active Duty underthis certificate. SCRA protections are for Title 10 andTitle 14 active duty recordsfor all the Uniformed Services periods.
`Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1).
`
`Manytimes orders are amendedto extend the period of active duty, which would extend SCRAprotections. Persons seeking to rely on this website
`certification should check to make sure the orders on which SCRAprotections are based have not been amendedto extend the inclusive dates of service.
`Furthermore, someprotections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who havenot
`actually begunactive duty or actually reported for induction. The Last Date on Active Duty entry is important because a numberof protections of the SCRA
`extend beyondthelast dates of active duty.
`
`Those whocould rely on this certificate are urged to seek qualified legal counsel to ensurethatall rights guaranteed to Service members under the SCRA
`are protected
`
`WARNING: Thiscertificate was provided based on a last name, SSN/date ofbirth, and active duty status date provided by the requester. Providing
`erroneousinformation will cause an erroneouscertificate to be provided.
`
`
`
`

`

`23-JEV31-01736
`
`AFFIDAVIT
`
`ElectronicallyFiled
`Rash, Sonia
`Justice of the Peaca, Pct 3
`Fort Bend County, Texas
`
`STATE OF TEXAS
`COUNTY OF DALLAS
`
`§
`§
`
`the undersigned authority, on this day personally appeared the
`BEFORE ME,
`undersigned, who, by me beingfirst duly placed upon his oath,did state:
`
`“My name is Karla Balli, ] am an attorney for Plaintiff in this eviction matter and as such, I am
`authorized to make this Affidavit on their behalf.
`
`I have read the foregoing Complaint for Forcible Detainer and the facts stated therein are within
`my personal knowledge and are true and correct.
`
`The facts contained in this affidavit are within my personal knowledge andare true and correct.
`
`On 09/21/2023 the attached notices to vacate were mailed to the respective addresses.
`
`The records attached to this Petition and Affidavit are true and correct copies of Plaintiff's
`business records, and were kept by Plaintiff or its agents and representatives in the regular course
`of business.
`It was in the regular course of business of Plaintiff for an employee, agent or
`representative of Plaintiff with knowledge of the act, event, condition or opinion recorded to
`make the record or to transmit the information included in such record and the records were
`made at or near the time indicated, or reasonably soon thereafter. The documentsattached to the
`Petition are incorporated by reference and made a part of this Affidavit for all purposes and
`contains 21 pages.
`
`Further, this Affiant sayeth not.”
`
`Date of Execution: September 27, 2023
`
`
`
`Attorney, State Bar No. 24035997
`Mackie Wolf Zientz & Mann, P.C.
`Parkway Office Center, Suite 900
`14160 Dallas Parkway
`Dallas, Texas 75254
`Phone: (214) 635-2650
`Facsimile: (214) 635-2686
`
`SUBSCRIBED AND SWORN TO on this 27th day of September, 2023.
`why, DONALD JOHNSON wR
`zz
`fete=Notary Public, State ofTexas
`er32~,
`aeDAG Comm. Expires 02-18-2026
`%,
`7it Notary !D 12971771-5
`
`State of Texas
`See]
`
`
`otary Nublic infand for the
`
`21-000069-740-16
`
`
`
`

`

`2023032370
`
`ra
`% Laura Richard, County Clerk
`ELECTRONICALLY RECORDED
`Official Public Records
`4 Nei
`Fort Bend County Texas
`aKs &
`4/11/2023 3:31 PM
`ie
`Pages
`6
`Fee $3600
`
`NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
`MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
`FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
`BEFORE IT 1S FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
`SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER.
`
`FORECLOSURE SALE DEED
`(With attached Affidavit and Notice of Foreclosure Sale for recording as one document)
`Deed of Trust Date:
`November 24, 2004
`
`Grantor(s):
`
`ANTHONY CALLIS AND ANNETTE CALLIS
`
`Original Mortgagee:
`
`MILA, INC. DBA MORTGAGE INVESTMENT LENDING
`ASSOCIATES,INC
`
`Current Mortgagee:
`
`Wilmington Savings Fund Society, FSB, notin its individual capacity
`but solely as Certificate Trustee of Bosco Credit 1] Trust Series 2010-1
`
`Recording Information: Recorded | [/30/2004 in Document 2004145093 ofthe real property
`records of Fart Bend County, Texas.
`
`Property Legal
`Description:
`Date of Sale:
`
`Place of Sale:
`
`SEE EXHIBIT A
`04/04/2023
`
`Time of Sale:
`
`10:19AM
`
`FORT BEND COUNTY FAIRGROUNDS- BUILDINGC,4310
`HIGHWAY 36 SOUTH, ROSENBERG, TEXAS 77471 (BETWEEN
`THE HOURS OF 10:00a.m. AND 4:00 p.m.) OR AS DESIGNATED
`BY THE COUNTY COMMISSIONER'S OFFICE
`
`Buyer:
`Buyer's Mailing
`Address:
`
`BOSCO CREDITHJ, LLC
`C/O FRANKLIN CREDIT MANAGEMENT CORPORATION
`10] HUDSON STREET, 25TH FLOOR
`JERSEY CITY, NJ 07302
`
`Amount of Sale:
`
`$64,800,00
`
`By Deed of Trust, Grantor conveyed to GEORGE M. SHANKS,JR., as Trustee, certain
`property for the purpose of securing and enforcing paymentof the indebtedness and obligations
`therein described, including but not limited to the Note and all renewals and extensions of the
`note. AVT TITLE SERVICES. LLC was appointed Substitute Trustces per the terms of the Deed
`of Trust and Texas Property Code Sections 51.0075 and 51.0076 and was requested to enforce the
`trust Wilmington Savings Fund Society, FSB, not
`in its
`individual capacity but solely as
`Certificate Trustee of Bosco Credit 11 Trust Series 2010-1, the current mortgagee of the Deed of
`Trust, who requested AVT TITLE SERVICES, LLC. as Substitute Trustee, to enforce the trust of
`the Deed of Trust.
`
`Pursuant to the requirements of the Deed of Trust and the laws of the state of Texas,
`written notice of the time, place, date, and terms of the public foreclosure sale of the Property was
`posted at the courthouse of Fort Bend County, Texas, the county in which the Property is situated,
`and a copy of the notice was also filed with (he county clerk of Fort Bend County, Texas, each
`nolice having been posted and filed for at
`least
`twenty-one days preceding the date of the
`foreclosure sale. Written notice of the Ume, date, place, and terms of the foreclosure sale was
`served on behalf of the current Mortgagee by certified mail on cach debtor who, according to the
`records of the current Mongagee,is obligated to pay any of the indebtedriess and obligations. The
`certificd-inail notices were timely sent by depositing the notices in the United States mail, postage
`prepaid in proper amount, and addressed to each debtor at the debtor's last known address as
`
`

`

`shown by the records of the current Mortgagee at least twenty-one days preceding the date of the
`foreclosure. Written notice of default and of the opportunity to cure the default
`to avoid
`acceleration of the maturity of the note was served on behalf of the current Mortgagee by certified
`mail on each debtor who, according to the records of the current Mortgagec,is obligated to pay
`any of the indebtedness and obligations, The certified-mail notices were timelyseit by depositing
`the notices in the United States mail, postage prepaid in proper amount, and addressed to each
`debtorat the debtor’s last known address as shown bythe records of the current Mortgageeatleast
`thirty days preceding the date of the acceleration of the maturity of the note and the posting of the
`mortgaged Property for foreclosure.
`
`In consideration of the premises and of the bid and payment of the amount of $64,800.00,
`the highest bid by Buyer, |, as Substitute Trustee, by virtue of the authority conferred on mein the
`Deed of Trust, have GRANTED, SOLD, and CONVEYEDall of the Property to Buyersand
`Buyer’s heirs and assigns, to have and to hold the Property, together with the rights, privileges,
`and appurtenancesthereto belonging unto Buyer and Buyer's heirs and assigns forever.
`1, as the
`Substitute Trustee, do hereby bind Grantor and Grantor's heirs and assigns to WARRANTand
`FOREVER DEFENDthe Property to Buyer and Buyer’s heirs and assigns forever, against
`the
`claim or claimsofall persons claiming the same or any part thereof.
`-
`Executed on a day ofApril, 2023.
`
`
`
`Authorized agent for AVT TITLE SERVICES,LLC
`
`§§
`
`§
`
`STATE OF TEXAS
`
`COUNTY OF DALLAS
`
`BEFORE ME,
`
`the
`
`appeared
`personally
`day
`this
`on
`authority,
`undersigned
`, a5 authorized agent for the Substitute Trustee, known to
`me to be*the person whose name is subscribed to the foregoing instrument, and who
`acknowledged to me that he/she executed the same for the purposes and consideration therein
`
`expressed and in the capacity therein stated.
`nt
`
`Given under my hand and seal of office this. A. day of Apri
`
`
`Notary 10 12861348-2
`
`XNXXNS037/2 1-000069- 740-14
`corv
`AFTER RECORDATION RETURN TO:
`Mackie Wolf Zientz & Mann, PC
`Parkway Office Center, Suite 900
`14160 Dallas Parkway
`Dallas, Texas 75254
`
`“
`
`
`E HARRIS KAY
`Notary Public, State of Texas
`Comm. Expires 05-06-2023
`
`
`
`

`

`BEFGREME,the undersigned onthis day personally appeared LORI LIANE LONG, E.
`
`ELLERMACKIE,BRAND
`WEIDER,ESTER-GOMPALES,
`JeARGACBAEL! and after being duly sworn, deposed and states under oath, as follows:
`1,
`
`| am over the age of eighteen (18), have not been convicted of a crime of moral turpitude
`and have personal knowledge ofthe facts containedin this affidavit.
`
`AFFIDAVIT
`
`All notices required pursuant to the terms of the Deed of Trust and Texas Property Code
`Section 51.002(b) and (d) were provided to the debtors.
`
`In acoordance with Texas Propeny Code Section 51.002, the Notice of Sale was posted’
`least twenty-one (21) days prior to the date of sale a1 the proper location designated by
`the County Commissioner's Court. Additionally, a copy of the Notice of Sale was filed
`at least twenty-one (21} days prior to the date of sale in the office of the County Clerk of
`the county in which the sale occurred.
`
`At this time of the Foreclosure Safe and nvelve (12) months prior to the sale, the debdtars
`were not in the armed Services of the United States of America.
`
`Atthe time of the Foreclosure Sale the debtors were alive, were not protected by any stay
`under the United States Bankruptcy Code and sere not
`involved in any divorce
`proceedings where a receiver had been appointed,
`
`
`
`STATE OF TEXAS
`
`COUNTY OF DALLAS
`
`5
`
`§
`
`SUBSCRIBED AND SWORN TO before ine by LORI LIANE LONG, COKECTERMACRIET
`
`HELSEASCHNEIDER,ESTER-GONZCALESKARA BALL! on this
`
`of April, 2023