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Tom Max Thomas
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Tom Thomas’s Legal Cases

8 total

  • American Title Co. v. BOMAC Mortgage Holdings, L.P., 196 S.W.3d 903, (Tex. App. -- Dallas 2006, no pet.)

    Practice Area:
    Litigation
    Date:
    Jan 25, 2005
    Outcome:
    We won at trial and on appeal.
    Description:
    In July 2000, Bomac loaned $288,000 to Anthony Norris to purchase property in Galveston County. American Title provided escrow and other services relating to the closing of the sale. Norris defaulted on the loan after Bomac sold it to a third party, Impac Funding Corporation. Bomac paid $197,343.82 to Impac and sued American Title alleging fraud in the transaction. Although the parties offered contradictory testimony and the case was vigorously contested at trial, some basic facts about the transaction are well established. Lawrence Caldwell, a principal of First Interstate Financial Network and a mortgage broker, contacted American Title through Paulette Lee about providing services in connection with a sale of the property to Norris. At the time American Title opened its file on the transaction, the property was owned by SDGA Investments. The transaction financed by Bomac, however, was a sale of the property from First Interstate to Norris. The parties do not appear to dispute a "flip" took place in which the property was transferred from SDGA to First Interstate for $195,000, then from First Interstate to Norris for $320,000, on the same day. The parties also do not appear to dispute the title commitment was altered to omit ownership information about the property or that $400 of the closing costs originally designated as a "review fee" to an attorney were used for Lee's personal rent payment. Other facts relating to the transactions are disputed. The jury heard evidence regarding the use of proceeds from the Bomac loan to finance both sales, the source of Norris's downpayment, Bomac's instructions relating to the loan and whether the flip was a "simultaneous transaction" of which American Title was required to notify Bomac, whether Bomac relied on the altered closing documents, and other facts. In an eleven to one verdict, the jury found American Title defrauded Bomac, committed theft, and acted unconscionably. In the second phase of the trial, the jury awarded Bomac $250,000 in additional damages under the DTPA for American Title's knowing conduct. The trial judge entered judgment on the jury's verdicts
  • Asset Acceptance LLC v. My Client; Dallas County Justice of the Peace Prec. 1-1; Cause No. JC08-00402H

    Practice Area:
    Debt Collection
    Outcome:
    We won at trial.
    Description:
    Our client was sued by a debt buyer. We tried the case to verdict and won a take nothing judgment against the debt collector.
  • American Express Bank, FSB v. My Client; Dallas County Court at Law No. 2; Cause No. CC-10-02278-B

    Practice Area:
    Debt Collection
    Outcome:
    Case Dismissed
    Description:
    American Express sued our client. At trial, we forced American Express to dismiss its case due to a lack of admissible evidence.
  • Unifund CCR Partners v. My Client; Tarrant County Court at Law No. 1; Cause No. 2007-057422-1

    Practice Area:
    Debt Collection
    Outcome:
    Case Dismissed
    Description:
    A junk debt buyer sued our client. We forced them to dismiss the case before trial.
  • CACH, LLC v. My Client; Dallas County Court at Law No. 1; Cause No. CC-07-09189-A

    Practice Area:
    Debt Collection
    Outcome:
    Case Dismissed
    Description:
    A junk debt buyer sued our client. We filed a motion to dismiss for lack of jurisdiction, which was granted.
  • Oliphant Financial, LLC v. My Client; Collin County Court at Law No. 4; Cause No. 004-1995-07

    Practice Area:
    Debt Collection
    Outcome:
    Case Dismissed
    Description:
    Our client was sued by a junk debt buyer. We filed a Motion for Summary Judgment. At the hearing on our motion, we got the debt buyer's evidence tossed out. We then won the motion.
  • Capital One Bank (USA), NA v. My Client; Johnson County Court at Law No. 1; Cause No. C201000027

    Practice Area:
    Debt Collection
    Outcome:
    Case Dismissed
    Description:
    Our client was sued by an original creditor fr alleged credit card debt. We forced the other side to dismiss the case before trial.
  • LVNV Funding, LLC v. My Client; Denton County Justice Court Prec. 3-1; Cause No. J10-385J3

    Practice Area:
    Debt Collection
    Outcome:
    Case Dismissed
    Description:
    Our client was sued by a junk debt buyer. We forced the debt buyer to dismiss its case before trial.