B.Aucion
Houston,#2Consumer Comment
Tue, February 16, 2010
BEWARE OF THOMAS ROSNER aka THOMAS ROWSHAN dba ATLAS HOMES
Below is an example of what I went through!
CASE NUMBER 2000-40389
IN THE DISTRICT COURT HARRIS COUNTY TEXAS
BRUCE AUCION and
DEBORAH AUCION
Plaintiffs
VS
THOMAS ROSNER., DBA ATLAS HOMES
Defendant
PETITION FOR DECLARARY JUDGMENT
TO REMOVE CLOUD or E
BRUCE AUCION and DEBORAH AUCION brings Petition for Declaratory Judgment and in support shows:
1. The petition is brought pursuant to the Uniform Declaratory Judgment Act (chapter 37, Texas Civil Practice and. Remedies Code) for the purpose of determining of a certain piece of property located in Harris County Texas is subject to a valid lien.
2. Plaintiff, BRUCE AUCION and DEBORAH AUCION resides in Harris County. Texas and Defendant, Thomas Rosner DBA Atlas Homes, is a resident or Harris County. Texas. Plaintiff is the owner of the property which is the subject of this suit.
3. This Court has proper subject matter and personal jurisdiction, and venue is proper in this County.
4. Plaintiff alleges that on September 8, 1999, Defendant caused the following instrument to be placed of record against property which is the subject of this suit.
Claim of Lien Attached as Exhibit A
5. The property which is the subject of this suit is legally described as:
Pl Lot ~~ 1; Woodforest North Sec 2
The property is commonly described as:
55 Shadow Place Houston, Texas
and is shown of record in the Harris County Deed Records as document number 527-93-2466
6. Plaintiff alleges that the filing by Defendant will have au adverse effect on Plaintiffs title to the property and Plaintiff further alleges that the Claim of Lien filed by Defendant does not accurately reflect a lien on the title to the property. n on the title to the property.
For cause Plaintiff would show the court as stated below
1. The lien is totally false in that it represents work that was not done.
2. There is No authority for Atlas homes to sign a claim of lien in that Atlas homes is not a person nor can Atlas Homes signature be notarized.
3. There is no person making a claim of the lien that is being claimed, it is also blank.
4. There is no statement of the amount of lien that is being claimed, it is also blank.
5. There is only a reflection of the original contract price.
6. There is no reflection of the $5,500.00 already paid on the contract
7. The lawsuit over this contract was heard on September 13, 1999
8. There is no reflection of the $5,000.OO judgment signed on September 13, 1999.
9. The lien was filed September 8. 1999, just days before the court date.
10. There is no reflection if the person making the claim of lien is the owner of the company Atlas homes or the agent of the company Atlas Homes.
11. There is no readable signature on the document.
12. The certificate of service is wrong.
13. The Notary is not valid.
14. There is no place or person to pay this claim even if was valid
DEFENDANT HAS ENTERED UPON A DELIBERATE SCHEME to cloud title to this property.
Plaintiff prays that the Court issue an order declaring that the cloud is removed from title.
Plaintiff prays for further relief.
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Results of this court case was WON by the PLAINTIFFS
I didnt do my homework first before hiring this con-artist, after doing a background check, found out that this company or person IS NOT A MEMBER of any building organization like he claimed to be. Call NARI or the GHBA to verify. Also, after spend a few dollars (less than $10 from [email protected]]I got a criminal report that shows he has been in prison for FELONY THEFT, PROSTITUTION and doesnt even have a Drivers License and apolutely no Builders Insurance. He also has done the same thing to 20+ other customers that he conned into doing business with him. Save yourself some money and get a truly QUALIFIED BUILDER or REMODELING COMPANY.. BEWARE, BEWARE.before doing.BUSINESS Thomas Rosner, Thomas Rowshan or Atlas Homes.