Ervin Moore (Age 44)
4162 History Cir.
Frisco, Tx 75034
214.618.0261
Ervin Moore enters a Law Suite for the Theft of over $72,000 Fraud and Breach of Contract
Fraud and Breach of Contract by Dwelling Construct; Shaddock Creak Estates
Georgian Trail, Frisco, Texas 75034; Collin County Wachovia Loan
Dwelling Construct entered into a New Home Purchase Contract which was signed by both, as general partner for Dwelling Construct Ervin Moore and the Home Owner on December 13. This agreement also listed Wachovia as the name of the Mortgage Lender who would make disbursements to Dwelling Construct Ervin Moore pursuant to the Loan Agreement and Disbursement Instructions and Agreement.
The first disbursement from Wachovia to Dwelling Construct Ervin Moore in the amount of approximately $65,670.00 was made in January. To the best of everyones knowledge, Dwelling Construct Ervin Moore has not done any work. The funds in the amount of approximately $65,670.00 have not been accounted for in any fashion. Due to this fraudulent act and breach of contract on the part of Dwelling Construct Ervin Moore, our client has lost valuable time as well as interest and availability to funds which he is entitled.
According to the Contractors Acknowledgement and Agreement signed by you Ervin Moore, the builder, it states that it is an event of default for the construction to cease on the property for a period greater than 30 days. You have held the first disbursement funds for over 120 days and as of this date construction has not begun.
In addition, Dwelling Construct Ervin Moore was paid $10,000.00 before closing the loan. $3,000.00 was payment for services allegedly rendered by Dwelling Construct Ervin Moore. The other $7,000.00 was supposed to have been brought to the closing table by Ervin Moore Dwelling Construct for all closing costs and fees. This money was not brought to the closing by Ervin Moore Dwelling Construct, and our client was forced to pay for these costs out of pocket. Ervin Moore Dwelling Construct attempted to repay our client for the $7,000.00 in the form of check #0991. Check was returned for insufficient funds. This money, $7,000.00, has never been paid. A copy of this HOT CHECK is enclosed.
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