LNV vs. Breitlings: Motion for Judicial Notice SOS Records

7/21/2019 LNV vs. Breitlings: Motion for Judicial Notice SOS Records

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Cause No. DC-14-04053

LNV CORPORATION, §

ITS SUCCESSORS AND ASSIGNS, § IN THE DISTRICT COURT

Plaintiff, §

§v. §

§

§

§ DALLAS COUNTY, TEXAS

SAMUEL G. BREITLING, §

JO ANN BREITLING, §

GMAC MORTGAGE, INC., §

NORTHWEST MORTGAGE, INC., §

PINNACLE REALTY ADVISORS, INC., §

and PALISADES ACQUISITION V, LLC §

§

Defendants. § 134TH JUDICIAL DISTRICT

MOTION FOR JUDICIAL NOTICE OF SECRETARY OF STATE RECORDS

SHOWING CORPORATE ADDRESSES OF LNV AND MGC MORTGAGE AND

THEIR CORPORATE OFFICERS

Now comes defendants Samuel G. and JoAnn S. Breitling representing themselves,

pursuant to Texas Rules of Evidence 201 “Judicial Notice of Adjudicative Facts” and hereby

requests this Court take Judicial Notice of the documents described herein and in support states

as follows:

1. THE BREITLINGS move this Court to take judicial notice of:

I nf ormation f rom the records of the Nevada Secretary of State Corporation Division

specif ic to LNV Corporation, Beal Bank USA, Beal Nevada Corporation and MGC

Mortgage Inc, their corporate addresses and their corporate off icers. (attached hereto

as “Exhibit A.)



I nf ormation from the records of the Oregon Secretary of State Corporation Di vision

specif ic to MGC Mortgage Inc., its corporate address and i ts corporate off icers.

(attached hereto as “Exhibit B.)

I nf ormation fr om the records of the F lor ida Secretary of State Corporation Division

specif ic to LNV Corporation, i ts corporate address and i ts corporate off icers. (attached

hereto as “Exhibit C.)

I nformation f rom the records of the Texas Comptroll er specifi c to LNV Corporation,

MGC Mortgage I nc., their corporate addresses and their corporate off icers. (attached

hereto as “Exhibit D.)

2. Under the Texas Rules of Evidence, judicial notice may be taken at any stage of the

proceeding. Tex. R. Evid. 201(f). A "judicially noticed fact must be one not subject to

reasonable dispute in that it is . . . capable of accurate and ready determination by resort

to sources whose accuracy cannot reasonably be questioned." See Tex. R. Evid. 201(b).

A court shall take judicial notice if requested by a party and supplied with the necessary

information. A fact of which judicial notice can be taken is "a matter of evidence and

knowledge on the part of courts which requires no formal proof." Harper v. Killion, 162

Tex. 481, 348 S.W.2d 521, 523 (1961) (quoting Burtis v. Butler Bros., 148 Tex. 543, 226

S.W.2d 825, 830 (1950)).

3. .THE BREITINGS move this Court to take Judicial Notice of these records from the

Nevada Secretary of State Corporation Division, the Oregon Secretary of State

Corporation Division, the Florida Secretary of State Corporation Division and the Texas



Comptroller because they definitively show that the parties the Breitlings brought actions

against in the 116th

District Court are the same parties that have brought a foreclosure

action against the Breitlings in the 134th

District Court. The case in the 134th

District

Court arises out of the same transaction or occurrence as the earlier case in the 116th

District Court, and this earlier case was dismissed by plaintiff (we, the Breitlings, were

the plaintiffs in that case) before final judgment. An Order had been entered denying a

summary judgment in the earlier case that was conclusive to the same parties seeking a

summary judgment with the same issues as in the later case. We plead this in our Motion

to Transfer.

4. LNV and their counsel knew that the earlier judgment, by way of res judicata or estoppel

would prevent them from foreclosing, so they shopped for a court and a judge who would

push through a fast summary judgment and allow them to deprive us of our property

without due process of the law.

5. The Nevada Secretary of State Corporation Division shows LNV Corporation is a

domestic corporation in Nevada. Its address is 7195 Dallas Parkway Plano Texas. Its

officers are:

6. The Nevada Secretary of State Corporation Division shows Beal Bank USA is a domestic

corporation in Nevada. Its address is 6000 Legacy Dr. Plano Texas. Its officers are:

7. The Nevada Secretary of State Corporation Division shows Beal Nevada Corp. is a

domestic corporation in Nevada. Its address is 6000 Legacy Dr. Plano Texas. Its officers

are:

D. Andrew Beal, President and Director

Stephen Costas, Secretary and Treasurer

D. Andrew Beal, President, Director and Secretary

D. Andrew Beal, President, Director and Secretary



8. The Nevada Secretary of State Corporation Division shows MGC Mortgage Inc. is a

foreign corporation in Nevada. Its address is 7195 Dallas Parkway Plano Texas. Its

officers are:

9. The Oregon Secretary of State Corporation Division shows MGC Mortgage Inc. is a

foreign corporation in Oregon. Its address is 7195 Dallas Parkway Plano Texas. Its

officers are:

10.

The Florida Secretary of State Corporation Division shows MGC Mortgage Inc is a

foreign corporation in Florida. Its address is 7195 Dallas Parkway Plano Texas. Its

officers are:

11.

The Texas Comptroller shows LVN Corporation is a DBA in Texas. Its address as 6000Legacy Dr. Plano Texas. Its officers are:

12. The Texas Comptroller shows MGC Mortgage Inc with the address 7195 Dallas Parkway

Plano Texas. Its officers are:

Jacob Cherner, President and Director

Stephan Costas, SecretaryScott Thomas, Treasurer

Jacob Cherner, President

Stephan Costas, Secretary

D. Andrew Beal, President and Director

Jacob Cherner, Executive Vice President

Craig Singer, Senior Vice President

James Erwin, Senior Vice President

Tim H. Taylor, Secretary and Treasurer

Andrew Beal, President and Director

Jacob Cherner, Executive

Craig Singer, Senior VIC

James Erwin, Senior VIC

Stephen Costas, Vice President

Jacob Cherner, President, Director and Chief Executive

James Erwin, SVP

Stephen Costas, SVP



13. Local Rules 1.06 and 1.07 of the Civil Courts of Dallas County Texas that allow for the

transfer of a case back to a court of original jurisdiction whenever the same parties are

litigating over the same issues; and particularly when the earlier court has already ruled

on matters and issued a judgment that is conclusive of any of the issues of the later case

by way of res judicata or estoppel by judgment, as is the case here.

14. Timely written notice of this request is hereby given by email and postal mail service

upon Plaintiff’s counsel as required by law.

WHEREFORE, pursuant to Texas Rule of Evidence 201 THE BREITLINGS move this

Court to take Judicial Notice of these included records from the Nevada Secretary of

State Corporation Division, the Oregon Secretary of State Corporation Division, the

Florida Secretary of State Corporation Division and the Texas Comptroller without

hearing, and for such other and further relief as this Court deems just and proper under

the circumstances.

______________________________ ______________________________

JoAnn S Breitling Samuel G. Breitling



Exhibit A – Fig 1



Exhibit A – Fig 2



Exhibit A – Fig 3



Exhibit A – Fig 4



Exhibit B



Exhibit C



Exhibit D – Fig. 1a



Exhibit D – Fig. 1b



Exhibit D – Fig. 2a



Exhibit D – Fig. 2b part 1



Continued from previous page

Exhibit D – Fig. 2b part 2

Documents

LNV vs. Breitlings: Motion for Judicial Notice SOS Records