Status: TERMINATED BY SELLER — 2026-08-07
John Anthony Jamandre e-signed TXR-1950 Notice of Seller's Termination of Contract and the
Release of Earnest Money at 10:33 AM CT today. Reason given to the buyer side: the buyer
did not complete the agreed repairs required to restart the short sale. The buyer's
countersignature on the earnest-money release is still outstanding, and escrow officer Myrna
Espinoza is out of office through today — so nothing has been disbursed or acknowledged
by title yet.
220,000
Contract sale price
228,097.54
Cash the buyer would bring
12,000
Costs the lender will not pay
194,200.58
FHA payoff, New American Funding
Step 4 of 5
Short sale never passed valuation
The question: what must the buyer pay because the lender will not
This is a short sale, so the binding constraint is not a buyer's mortgage.
Buyer Venus Sarvi is cash and the settlement statement carries no buyer loan number. The
constraint is the seller's FHA lender, New American Funding, which controls what may be
paid out of the proceeds it is already taking a loss on. Anything it refuses to fund does not
disappear — it is pushed onto the buyer. Two lines on this file were pushed that way,
totalling 12,000.00. They are highlighted below.
How we know, and how far it goes. These two lines are identified as
lender-disallowed from how they were actually allocated on the settlement statement combined with
the separately executed Short Sale Servicer Addendum — not from a lender approval letter.
No short-sale approval letter exists in our file, because the short sale never reached
approval. See the NEEDS section at the foot of this page.
| Buyer cost line | Amount | Lender treatment | Who pays and why |
Cash at close | Source | Detail |
|---|
| Sale Price of Property | 220,000.00 | Standard buyer cost | Contract price | Yes | ALTA pg 1 | Base purchase price. Buyer is CASH -- there is no buyer loan number on the statement. |
| Settlement Fee → YGKutler & Associates, LLC (short-sale negotiator) | 5,000.00 | Lender will NOT pay | BUYER by executed addendum | Yes | ALTA pg 2 | The seller's lender will not pay a third-party short-sale negotiator out of the proceeds it is already taking a loss on, so the fee was shifted to the buyer by a separately executed addendum signed by all three sellers and by buyer Venus Sarvi on 10/31/2025. |
| Unpaid 2025 assessments + 2026 semi-annual assessment + HOA legal fees → 1829 Bering Drive HOA | 7,000.00 | Lender will NOT pay | BUYER (arrears not funded by lender) | Yes | ALTA pg 2 | HOA arrears on a short sale. The lender caps what it will contribute to HOA delinquency; the balance above that cap falls to the buyer. The seller carries a further 3,519.91 of this same line as a seller debit -- the split is the tell. |
| Semi-Annual HOA Dues 2026 Jul–Dec → Rise Association Management Group | 924.66 | Standard buyer cost | Buyer (post-closing period) | Yes | ALTA pg 2 | Dues covering the ownership period after the 06/26/2026 settlement date. |
| HOA Transfer Fee → HOA Connect, Inc. | 250.00 | Standard buyer cost | Buyer | Yes | ALTA pg 2 | Transfer fee charged by the HOA's management platform. |
| Closing Fee → Old Republic National Title Insurance Company | 625.00 | Standard buyer cost | Buyer | Yes | ALTA pg 1 | Escrow / closing fee on Myrna Espinoza's file. |
| Doc Prep — Warranty Deed | 125.00 | Standard buyer cost | Buyer | Yes | ALTA pg 2 | Deed preparation. |
| Title — Tax Certificate → National TaxNet | 63.39 | Standard buyer cost | Buyer | Yes | ALTA pg 1 | |
| Title — Recording Processing Fee → EPN | 45.00 | Standard buyer cost | Buyer | Yes | ALTA pg 1 | |
| Title — Messenger Fee | 20.00 | Standard buyer cost | Buyer | Yes | ALTA pg 1 | |
| Recording Fee (Deed) → EPN | 29.00 | Standard buyer cost | Buyer | Yes | ALTA pg 2 | |
| Recording Fee (Notice to Purchaser) → EPN | 29.00 | Standard buyer cost | Buyer | Yes | ALTA pg 2 | |
| 2026 Semi-Annual Dues 06/27–06/30 | 20.43 | Standard buyer cost | Buyer (proration) | Yes | ALTA pg 1 | |
Buyer credits
| Credit | Amount | Source |
|---|
| Earnest money deposit already held by Old Republic | 2,450.00 | ALTA pg 1 |
| 2026 County / City / School tax proration 01/01–06/26 (seller debit, buyer credit) | 3,483.94 | ALTA pg 1 |
| Option Money | 100.00 | ALTA pg 1 |
Total buyer debits 234,131.48 − credits 6,033.94 = CASH FROM BUYER AT CLOSING
228,097.54
Arithmetic checked against the document's own totals. The thirteen buyer
debit lines sum to exactly 234,131.48 and the three credits to exactly 6,033.94, matching the
totals printed on the statement. The document is internally consistent. But it is keyed to a
06/26/2026 settlement that never happened, and the closing had already been amended to
09/01/2026 — so the tax proration, the HOA dues period and the payoff would all have moved.
On a real-estate file the date is the money. Treat 228,097.54 as the shape of the deal, not a
figure to quote to anyone today.
What the seller carries, for contrast
Shown so the allocation logic is visible: where a cost sits tells you what the
lender agreed to absorb.
| Seller line | Amount | Note |
|---|
| Payoff of first mortgage → New American Funding (FHA) | 194,200.58 | The short-paid lien. This is the lender whose approval governs the whole file. |
| Real Estate Commission — buyer's agent → Flyers | 6,600.00 | Seller-paid, so Ali Rouzbehani's side costs the buyer nothing directly. |
| Real Estate Commission — listing → Keller Williams Memorial | 6,600.00 | |
| 2026 County / City / School tax proration 01/01–06/26 | 3,483.94 | Mirrors the buyer credit above. |
| Unpaid HOA assessments — seller portion | 3,519.91 | The portion the lender did allow; the 7,000.00 above it went to the buyer. |
| Seller Relocation Incentive | 3,000.00 | Credit to the seller under the short-sale programme. |
| Title — Owner's Title Insurance → Old Republic | 1,464.00 | |
| Resale Certificate and Statement of Account → HOA Connect | 525.00 | |
| Title — State of Texas Policy Guaranty Fee | 2.00 | |
Key milestones — newest first
| Date | What happened | Receipt |
|---|
| 2026-08-07 | SELLER TERMINATED. John Anthony Jamandre e-signed TXR-1950 Notice of Seller's Termination of Contract and the Release of Earnest Money (Seller) at 10:33 AM CT via Jointly. At 10:46 AM Joseph sent both to Old Republic (Myrna Espinoza) and TC Heather Lopez, cc buyer agent Ali Rouzbehani, with the reason: the buyer did not complete the agreed repairs needed to restart the short sale. | Termination email |
| 2026-08-07 | Myrna Espinoza (escrow officer, Old Republic) is out of office Aug 3–7 with no e-mail access; her auto-reply directs to [email protected]. The termination and earnest-money release have therefore NOT yet been acknowledged by title. | Auto-reply |
| 2026-08-01 | Ninth and final chase to Ali Rouzbehani for the paid repair receipt. | Email |
| 2026-07-31 | Crisp Short Sales weekly file update: still Step 4 of 5, Valuation Complete. The short-sale file never advanced past valuation because the repair receipt needed to re-apply was never produced. | Crisp weekly update |
| 2026-07-20 | Ali Rouzbehani: “It should be ready tomorrow.” The paid receipt was never delivered; 18 more days elapsed. | Email |
| 2026-07-13 | Joseph opens the repair-receipt chase: “Pls provide the paid receipt of work performed. Time is of the essence so the short sale servicer [can] re-apply for the short sale.” Chased again 7/17, 7/20, 7/21, 7/24, 7/27, 7/28, 7/31 and 8/1. | Email thread |
| 2026-07-11 | Inspection at the property. | Showing notice |
| 2026-07-08 | Appraisal and inspections at the property. | Showing notice |
| 2026-07-07 | Joseph to Ali, boundary letter: the short-sale servicer is part of the contract and the listing agreement and the buyer agreed to pay it; the buyer agent working directly with the seller's FHA mortgage servicer is a conflict of interest and is NOT authorised; no repairs or property access without permission. | Next Steps email |
| 2026-06-29 | TXR-1903 Amendment signed by all three sellers: closing date moved to September 1, 2026, and the buyer expressly accepts that “any repair is at risk of not closing”, with the seller to re-apply for the short sale once repairs are complete. The buyer signature lines on the copy we hold are BLANK. | Amendment PDF |
| 2026-06-26 | Settlement date shown on the ALTA settlement statement. This closing did not occur. | Settlement statement |
| 2026-06-23 | Foreclosure filing on record for #24 — the clock behind the whole file. | Email |
| 2026-06-11 | Fixi estimate 4664 for the lender-required repairs: water-damage ceiling and drywall repair in the garage, primary bathroom and dining area. Labour 1,596.72 plus materials 271.34 = 1,868.06. Expired 06/25/2026. | Estimate PDF |
| 2026-06-08 | ALTA Settlement Statement issued by Old Republic (file 25004175A), printed 1:10 PM. Source of every buyer figure on this page. | Settlement statement |
| 2025-12-05 | Original buyer Louis Sabbagh terminated; Venus Sarvi moved from backup to primary, represented by Ali Rouzbehani. | Termination email |
| 2025-10-31 | Buyer Venus Sarvi e-signs the Short Sale Servicer Addendum agreeing to pay YGKutler & Associates 5,000 at closing. Sellers signed 10/20 and 10/21. | Addendum |
Parties
| Role | Who | Contact | Notes |
|---|
| Seller (our client) | John Anthony Jamandre, Lea Meliza Jamandre, John Francis Jamandre | [email protected] · [email protected] · [email protected] | John Anthony and Lea Meliza are themselves Keller Williams agents. |
| Listing side | Joseph Ray Diosana — Keller Williams Memorial | [email protected] | Listing commission 6,600.00, seller-paid. |
| Buyer | Venus Sarvi | via her agent | Cash buyer. Moved from backup to primary 12/05/2025. |
| Buyer agent | Ali Rouzbehani — Flyers | [email protected] · 832-863-7568 | Broker licence 529715, 9111 Katy Freeway #312, Houston TX 77024. Buyer-side commission 6,600.00, seller-paid, to Flyers. |
| Title / escrow | Myrna Espinoza — AVP / Closing Attorney, Old Republic National Title Insurance Company | [email protected] · 713-528-0444 | 3201 Kirby Drive Suite 300, Houston TX 77098. File / GF 25004175A. Escrow assistant Belinda Tague, [email protected]; team [email protected]. |
| Short-sale negotiator | Yoni Kutler — YGKutler & Associates, LLC (Crisp Short Sales) | [email protected] · [email protected] | Paid 5,000 by the BUYER at closing under the executed addendum. |
| Transaction coordinator | Heather Lopez | [email protected] | |
| Seller's lienholder | New American Funding (FHA) | via the negotiator only | First mortgage payoff 194,200.58. This is the lender whose short-sale approval governs which costs may be paid from proceeds. The seller did NOT authorise the buyer agent to contact it directly. |
What we could NOT source, and exactly who has it
A sourced gap is worth more than a filled-in guess. Each row names the document
that would answer the question and the person who holds it.
| Document we do not have | Who holds it | What it would settle |
|---|
| Written short-sale approval letter from New American Funding / HUD | New American Funding, via Yoni Kutler (Crisp Short Sales) | This is the ONLY document that states line by line which costs the lender will and will not permit to be paid from its proceeds. The file never reached approval — Crisp was still at “Step 4 of 5, Valuation Complete” on 7/31. Everything on this page about lender allowability is inferred from how the costs were actually allocated on the settlement statement plus the executed addendum, NOT read off an approval letter. |
| A settlement statement keyed to the real closing date | Myrna Espinoza, Old Republic Title | The statement we hold is dated 06/08/2026 for a 06/26/2026 settlement that never happened, and the closing had already been amended to 09/01/2026. Tax prorations, HOA dues periods and the payoff would all have moved. |
| A signed copy of the ALTA settlement statement | Myrna Espinoza, Old Republic Title | The PDF in our file has BLANK signature lines for Venus Sarvi and for all three sellers. A prior internal summary described it as signed; the rendered document does not support that. The figures are internally consistent and self-balancing, but the document is unexecuted. |
| The buyer-signed counterpart of TXR-1903 | Ali Rouzbehani, via Jointly deal 552833 | Our copy carries only the three seller signatures dated 06/29/2026. An email subject line on 07/07 says “Amendment executed”, so a fully executed counterpart probably exists in Jointly; we do not hold it. |
| The paid repair receipt | Ali Rouzbehani (buyer side) | Never produced despite nine written requests between 7/13 and 8/1. Its absence is the stated cause of termination. |
| Countersigned Release of Earnest Money | Venus Sarvi and Ali Rouzbehani, then Old Republic | Seller signed 08/07. Old Republic cannot disburse the 2,450.00 earnest money until every party has signed. Myrna is out of office through 08/07. |
Source documents
| Document | Status | Open |
|---|
| ALTA Settlement Statement — Old Republic file 25004175A |
Printed 06/08/2026 1:10 PM · signature lines BLANK |
Open |
| TXR-1903 Amendment — closing moved to September 1, 2026 |
Three seller signatures 06/29/2026 · buyer lines BLANK on our copy |
Open |
| Short Sale Servicer Addendum — buyer pays YGKutler 5,000 |
Fully executed · sellers 10/20 and 10/21/2025, buyer Venus Sarvi 10/31/2025 |
Open |
| Fixi repair estimate 4664 — ceiling and drywall water damage |
Issued 06/11/2026 · expired 06/25/2026 · 1,868.06 · never evidenced as paid |
Open |