2023.07.14 FINAL 1st Amnd Petition, Dec Action & Summary Removal of Lien
2023.07.14 FINAL 1st Amnd Petition, Dec Action & Summary Removal of Lien
2023.07.14 FINAL 1st Amnd Petition, Dec Action & Summary Removal of Lien
471-03110-2023
v.
THE ESTATE OF MARCEIL FIELDS ROYSTER files this First Amended Petition,
Request for Declaratory Judgment, and Motion for Summary Removal of Invalid and
Procedure 190.4 and affirmatively pleads that this suit is not governed by the expedited
actions process in Texas Rule of Civil Procedure 169 because Plaintiff requests
declaratory judgment.
B. RELIEF
2. Plaintiff seeks only monetary relief of $100,000 or less, including damages of any
kind, penalties, court costs, expenses, prejudgment interest, and attorney fees. Plaintiff
reserves the right to amend his Rule 47 statement as the facts and circumstances of the
case dictate.
C. PARTIES
THE ESTATE OF MARCEIL FIELDS ROYSTER and as such is authorized to bring this
suit. Plaintiff is a citizen of the State of Texas and resides in Collin County, Texas. The
last three digits of Plaintiff’s social security number are 548 and the last three digits of
business at 9229 Royalpine Drive, Dallas, Texas 75238 which can be served through its
AUTOGRAPH and can be served at 1616 N Valley Pkwy, Lewisville, Texas 75077 or
6. The Court has jurisdiction over this lawsuit because the amount in controversy
7. Venue is proper in Collin County under Texas Civil Practice & Remedies Code §
12.004. as an action under this chapter may be brought in any district court in the
county in which the recorded document is recorded or in which the real property is
located. The real property in question, as well as the recorded documents in question
8. Venue of this suit is proper in Collin County under the mandatory venue
provision set forth in Section 15.011 of the Texas Civil Practice and Remedies Code,
which provides in relevant part that: Actions for recovery of real property or an estate
or interest in real property, for partition of real property, to remove encumbrances from
the title to real property, for recovery of damages to real property, or to quiet title to
real property shall be brought in the county in which all or a part of the property is
located.
9. Further, venue of this suit is proper in Collin County, Texas, pursuant to Section
15.002(a)(1) of the Texas Civil Practice and Remedies Code because Collin County is the
Plaintiff’s claims occurred. Specifically, Plaintiff is seeking to remove invalid liens filed
E. FACTS
10. Richard Allen Royster and Marceil Royster (“Roysters”) were the owners of the
residential property located at 6409 Chinaberry Trial, Plano, Texas 75023 (“Property”).
Richard Allen Royster died on 1/19/2022 and Marceil Royster died on 4/4/2020.
11. On February 10, 2023, Bret Taylor aka Bret Royster was appointed as the
12. Before their passing, Richard Allen Royster and Marceil Royster were a married
couple, resided at the Property, and the Property was designated as their homestead
13. In August of 2020, the Property was damaged by a fire. An insurance claim was
filed, under which State Farm Lloyds made the following payments:
10/7/20 - $141,110.38
5/20/21 - $75,241.55
11/10/21 - $5,387.37
Total = $221,749.30
14. The checks were made out to “Richard A. Royster & Champion Mortgage
Company and its successors and/or assigns & Royal Assessments & Consulting, LLC.”
Upon information and belief Royal Assessments & Consulting, LLC (“Royal”) is the
Autograph and/or Royal related to the claim have been paid in full and that there are
no outstanding monies owed to Autograph and/or Jess Marshall related to any work
two fraudulent liens against the property located at 6409 Chinaberry Trial, Plano, Texas
17. Notably, the “labor, material, and work furnished by Claimant” which are
/RAMPS” were items included in the amounts already paid by State Farm Llyods.
18. Moreover, at the time Marshall allegedly provided “labor, services, and work,”
Plaintiffs were married, owned the Property, and the Property was Plaintiffs’
homestead residence. When the property at issue is a residential homestead, the Texas
contractor does not have the legal right to file and maintain a mechanics lien against a
attorney at law, or a title company. In this case, the liens are invalid and fraudulent
because Marshall failed to comply with Section 53.254 of the Texas Property Code and
21. Specifically, Marshall failed to: (1) execute a written contract with the
homeowners before the material was furnished or the labor was performed; (2) file an
executed contract (signed by both homeowners) with the Collin County Clerk’s Office;
(3) provide notice of the liens to homeowners or Plaintiff that complies with section
53.254(g)(1)-(2) of the Texas Property Code; and (4) execute a written contract with
22. The liens state that notice was provided in November (no year is provided).
Defendants were last on the Property in late 2020 or early 2021. This means that
Defendants had until April 2021, at the latest, to file the liens. Marshall filed the liens on
May 9, 2023, which is approximately two (2) years past the statutory deadline. Based on
Marshall’s failure to timely file the liens, the liens are invalid, unenforceable, and must
be released. There are no exceptions to this requirement, and this is a failure that cannot
be cured.
Indeed, Plaintiff first learned of the liens through the title company—just two days
before the Property was scheduled to close for sale on June 8, 2023. As a result of the
fraudulent liens the sale of the Property did not go forward, and Plaintiff continues to
be obligated for all costs associated with the Property—including mortgage, taxes,
24. Since learning of the fraudulent liens, Plaintiff has reached out to Defendants to
request (1) a copy of the contract between Richard Allen Royster and/or Marceil Fields
Royster and Defendants related to any work performed on their homestead, (2) copies
of any notices and/or demands related to the materials and/or services provided, and
(3) support for any alleged work performed on the Property that remains unpaid. To
date, Defendants have failed and refused to provide any support for the liens.
25. Marshall does not have the legal right to maintain the liens against the Property.
Marshall was well aware of the above-referenced defects with the liens yet proceeded
with filing the invalid and fraudulent liens in an effort to cause harm to Plaintiff.
26. Defendants were made aware of the fatal defects with the liens, which render
the liens invalid and unenforceable. Despite receiving a demand to release the liens,
Defendants chose to maintain the invalid and fraudulent liens. Even if Defendants did
not realize the liens were invalid and fraudulent at the time the liens were filed,
Defendants were put on notice of such defects and Defendants still refuses to release the
fraudulent Lien, and Defendants are subject to liability under Chapter 12 of the Texas
Civil Practice and Remedies Code. The invalid and fraudulent liens are creating an
improper cloud on Plaintiff’s title to the Property and the liens are causing Plaintiff’s to
incur actual damages. Moreover, upon investigation, Plaintiff has learned that this not
4
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exceeds anything that could be construed as a normal business practice. Jess Marshall
has recorded over 100 Mechanic’s liens since 2019 across Collin, Dallas, Tarrant, and
Denton County. 6 Moreover, Jess Marshall has been sued for his practice of filing
against Marshall.
29. Section 12.002 of the Texas Civil Practice and Remedies Code provides that a
person may not make, present, or use a document or other record with: (1) knowledge
that it is a fraudulent lien or claim against real property or an interest in real property;
6
Exhibit B (property record searches from Collin, Dallas, Tarrant and Denton counties).
Plaintiff’s First Amended Petition Page 12
(2) intent that the document or other record be given legal effect; and (3) intent to cause
another person physical injury, financial injury, mental anguish, or emotional distress. 7
30. A person who violates Section 12.002 is liable to each injured person for the
greater of $10,000.00 or the actual damages caused by the fraudulent lien, plus court
the Court. In this case, Marshall proceeded to file the invalid liens against the Property
in an attempt to cause Plaintiff financial injury, mental anguish, and emotional distress.
Defendants proceeded to file the liens knowing that the requirements for doing so were
not legally satisfied and acted with intent to force Plaintiff to remit payment to
Defendants.
31. As discussed above, pursuant to Section 53.254 of the Texas Property Code and
Article XVI Section 50(a)(5)(A–D) of the Texas Constitution, Marshall does not have the
legal right to file and maintain a mechanics lien against the Royster’s homestead
Property.
32. Marshall was well aware that he did not have a valid lien claim against the
Property yet proceeded with filing the invalid liens in an effort to cause harm to
Plaintiff. At the time the liens were filed, Defendants knew or should have known that
Defendants’ Lien against the Property were invalid and fraudulent. Further, on June 9,
2023, Defendants were notified that Defendants’ liens were fraudulent and invalid and
financial injury. Defendants know or should know that no money is due or owing to
Defendants.
34. Defendants filed the Liens in an effort to extort money from Plaintiff, while
the Texas Fraudulent Lien Act, Chapter 12 of the Texas Civil Practice and Remedies
Code and owes Plaintiff statutory damages of $10,000.00 per lien or actual damages,
35. Plaintiff has and will continue to be injured by Defendant’s invalid and
fraudulent Lien. Specifically, Plaintiff incurred attorney fees in defending against the
fraudulent lien and will incur attorney fees and court costs in prosecuting this claim.
36. These damages were the natural, probable, and foreseeable consequence of
Defendants’ actions and are recoverable under Chapter 12 of the Texas Civil Practice
37. Exemplary damages. Defendants violated the Civil Practice & Remedies Code §
12.002, which is the basis for this suit, with actual awareness of the falsity of
38. Attorney fees & other costs. Plaintiff are entitled to recover court costs and
reasonable attorney fees under Texas Civil Practice & Remedies Code § 12.002(B) (2-3).
and enter an Order Granting Motion for Summary Removal of Invalid and Fraudulent
40. This action is being brought pursuant to Chapter 37 of the Tex. Civ. Prac. &
Rem. Code § 37.004, which states in relevant part “a person interested under a deed,
will, written contract, or other writings constituting a contract or whose rights, status,
franchise may have determined any question of construction or validity arising under
41. The Plaintiff seeks a declaratory Judgment that the liens are invalid and shall be
removed.
42. The liens are deficient and invalid—as they are untimely, not supported by a
written contract, and do not contain the required notices. See Tex. Prop. Code §§ 53.254,
53.160.
43. Attorney Fees. Plaintiff is entitled to recover reasonable and necessary attorney
fees that are equitable and just under Texas Civil Practice & Remedies Code section
45. Section 53.160 of the Texas Property Code was enacted to provide a quick and
effective remedy to clear title to real property when a patently invalid lien claim has
been asserted. Section 53.160 of the Texas Property Code permits a party objecting to
the validity or enforceability of a lien to move the court to have an invalid lien removed
immediately following twenty-one days after the party claiming a lien has appeared in
the lawsuit. 8
46. Section 53.160 specifies multiple grounds on which an objecting party may seek
a summary removal of an invalid lien. Furthermore, Section 53.160 states that the court
shall promptly determine a motion to remove a claim or lien and, if the court
determines that the movant is entitled to remove the lien, then the court shall enter an
order removing the lien claimed in the lien affidavit. 9 As discussed below, Plaintiff is
entitled to an Order removing the Lien pursuant to Section 53.160 of the Texas Property
Code. The facts supporting these grounds cannot be disputed by Defendants. Section
53.160 of the Texas Property Code provides seven specific grounds by which a property
owner can seek summary removal of a mechanic’s lien for technical defects through a
36. Plaintiff seeks summary removal of the liens under Section 53.160(6) of the Texas
Property Code, because: (1) no contract was executed or filed as required by Section
53.254; (2) the affidavit claiming a lien failed to contain the notice as required by Section
53.254; and (3) the notice of the claim failed to include the statement required by Section
53.254.
38. Defendants failed to: (1) execute a written contract with Roysters before the material
was furnished or the labor was performed; (2) file an executed contract with the Collin
County Clerk’s Office; (3) provide notice of the liens to Plaintiff that complies with
Section 53.254(g)(1)-(2) of the Texas Property Code; and (5) execute a written contract
with Plaintiff at the office of a third-party lender, an attorney at law, or a title company.
39. Defendants were and are aware that these defects exist yet proceeded with filing the
invalid liens and continue to maintain the liens. Defendants do not have the legal right
to maintain the liens against the Property. Defendants were well aware that these
defects existed yet proceeded with filing the invalid liens in an effort to cause harm to
Plaintiff. Defendants knew or should have known that the liens against the Property
notified of the invalidity of the liens and Defendants failed and refused and continue to
47. Specifically, Plaintiff incurred attorney fees in defending against the fraudulent
liens and will incur attorney fees and court costs in prosecuting this claim. Pursuant to
Chapter 53 of the Texas Property Code and Chapter 12 of the Texas Civil Practice and
fraudulent Lien and recover all attorneys’ fees and costs incurred in that regard.
G. CONDITIONS PRECEDENT
48. Plaintiff alleges that all conditions precedent to foregoing causes of action have
H. PRAYER
49. For these reasons, Plaintiff ask that the Court issue citation for Defendants to
appear and answer, and that Plaintiff be awarded a judgment against Defendants for
the following:
c. Actual damages.
d. Statutory damages.
g. Declaratory judgment that defendants have filed invalid liens and shall be
removed.
h. Court costs.
i. Attorney fees.
My name is Bret Taylor aka Bret Royster, my date of birth is 2/21/68 and my address
is 8B Rhea Mills Circle, Prosper, Texas 75078 and USA. I declare under penalty of
perjury that the foregoing facts contained in paragraphs 10-28 are true and correct
and based on my personal knowledge. Executed in Collin County, State of Texas, on
the 14th day of July 2023.
Respectfully submitted,
MARSHALL JESS SNT LEASING LTD LI… MECHANICS LIEN & A… 6/28/2022
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