Court of Appeals FOURTH COURT OF APPEALS DISTRICT

CADENA REVEES JUSTICE CENTER 7* GZ GD DOLOROSA SUITE 3200 r* It ro —< - o SAN ANTONIO TEXAS 78205-3037 -D . . - F3 • • . • -

CO IV) RE COURT OF APPEALS NUMBER ; 04-16-00189-CV TRIAL COURT CASE 4343

MARYANN CASTRO AND BORROWER MANUEL CASTRO

VS

MLB

PETITION FOR ORAL ARGUMENT

AND RESPONSE TO JUDGE ELLISON RULING

I MARYANN CASTRO WAS NOT A TENANT NOR WAS MANUEL CASTRO, MLB WAS NOT EVEN THE MORTGAGE LENDER.

MLB WAS THE SERVICER WHO WAS TO SERVICE THE WELLS FARGO HOME MORTGAGE CONTRACT WHICH BEGAN NOV 2013 WHILE ACCOUNT WAS ACTIVE IN BANKRUPTCY AND BEING PAID BY THE TRUSTEE THE MORTGAGE IN THE AMOUNT OF 13,000 WAS TAKEN BY MLB WHO NEVER APPLIED FUNDS TO THE PRINCIPLE LOAN OF THE WELLS FARGO HOME MORTGAGE.

MLB WAS ASKING FOR MORE MONEY THAN THE BANK CONTRACT, MANUEL CASTRO WAS THE BORROWER AND MARYANN CASTRO WAS ON THE DEED ON TRUST. THE SUBJECT PROPERTY 1501 OLIVE WHICH WAS FINANCED BY WELLS FARGO HAD A FIXED RATE THE SERVICER WAS CHARGING AN ADJUSTABLE RATE IN THE AMENDED BRIEF WHICH WAS TURNED IN BY MANUEL CASTRO AND MARYANN CASTRO WAS IN THE ORDER REQUIRED AND ALSO HAS EXHIBITS OF EVIDENCE CONTRACTS BY WELLS FARGO. THE CASTROS ARE NOT ATTORNEYS THEY ARE THE HOMEOWNER WHOS HOMESTEAD WAS WRONGFULLY BEING OVERCHARGED BY MLB. MLB CAUSED A BREACH OF CONTRACT AND MISAPPLIED FUNDS OVER 13,0000 AND WAS CHARGING MORE THAN THE BANK CONTRACT.

DEC 2015 MLB TRIED TO HAVE MARYANN CASTRO EVICTED IT WAS DENIED BY JUDGE CARRASCO WHO LOOKED AT ALL EVIDENCE ENTERED AND RULED AGAINST MLB NOW IN JUDGE ELLISON COURT