Exhibit 7

Case 4:22-cv-00772-O Document 1-7 Filed 08/29/22 Page 1 of 5 PageID 33
SECOND SUPPLEMENT TO DEFENDANT’S SECOND AMENDED ANSWER, FIRST AMENDED 

COUNTERCLAIM, AND ORIGINAL THIRD-PARTY COMPLAINT 

MWZM: 19-000001-984-1 PAGE 1 OF 4

CAUSE NO. 2018-PR02471-1-A 

JEFFREY RAY GROOMS, Independent 

Administrator the Estate of Evelyn 

Christine Grooms, Deceased, 

Plaintiff / Counter-Defendant, 

v. 

THE BANK OF NEW YORK MELLON 

TRUST COMPANY, N.A., AS TRUSTEE 

FOR MORTGAGE ASSETS 

MANAGEMENT SERIES I TRUST, and 

COMPU-LINK CORPORATION dba 

CELINK, 

Defendants / Counter-Plaintiffs / 

Third-Party Plaintiffs, 

v. 

JEFFREY RAY GROOMS, Individually, 

PAULA GROOMS DAVIS, and 

MICHAEL GROOMS, 

Third-Party Defendants. 

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IN THE PROBATE COURT

NO. 1

TARRANT COUNTY, TEXAS

SECOND SUPPLEMENT TO DEFENDANT’S SECOND AMENDED ANSWER, 

FIRST AMENDED COUNTERCLAIM, AND ORIGINAL THIRD-PARTY COMPLAINT 

Defendants/Counter-Plaintiffs/Third-Party Plaintiffs The Bank of New York Mellon 

Trust Company, N.A. as Trustee for Mortgage Assets Management Series I Trust (“BNYM”) 

and Compu-Link Corporation d/b/a Celink (“Celink” and together with BNYM, “Defendants”), 

hereby file this their Second Supplement to their Second Amended Answer, Amended 

Counterclaim Against Jeffrey Grooms, Independent Administrator of the Estate of Evelyn 

Christine Grooms, Deceased, and Original Third-Party Complaint Against Jeffrey Ray Grooms, 

Individually, Paula Grooms Davis and Michael Grooms, and show as follows: 

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SECOND SUPPLEMENT TO DEFENDANT’S SECOND AMENDED ANSWER, FIRST AMENDED 

COUNTERCLAIM, AND ORIGINAL THIRD-PARTY COMPLAINT 

MWZM: 19-000001-984-1 PAGE 2 OF 4

III. COUNTERCLAIM AND THIRD-PARTY COMPLAINT 

C. Summary of Facts

1. Christine Grooms warranted clear title to the Property at the time she signed the 

Loan Agreement. 

D. Causes of Action 

NINTH CAUSE OF ACTION – BREACH OF CONTRACT/WARRANTY OF TITLE 

(AGAINST PLAINTIFF ONLY) 

2. The foregoing paragraphs are incorporated by reference for all purposes. 

3. Defendants assert an alternative claim against Plaintiff on for breach of contract 

based on warranty of title to the Property. 

4. Christine Grooms warranted title to the Property and agreed to defend title against 

all adverse claims, to wit: 

BORROWER COVENANTS that Borrower is lawfully seised of the estate 

hereby conveyed and has the right to grant and convey the Property and that the 

Property is unencumbered. Borrower warrants and will defend generally the title 

to the Property against all claims and demands... 

(Deed of Trust at p.2.) 

5. The Loan Agreement is a contract and Defendants performed their obligations 

fully thereunder. Plaintiff breached the contract by failing to substantially perform material 

obligations required under it (principally, breaching the covenant of title). Such breach is the 

proximate cause of injury and damages to Defendants. Defendants seek damages incurred for 

Plaintiff’s breach and indemnification for any loss Defendants sustain as a result of a defect in 

title. 

6. Defendants have been forced to hire the undersigned attorneys to seek damages 

for Christine Grooms’s breach of contract. Defendants are therefore entitled to seek judgment 

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SECOND SUPPLEMENT TO DEFENDANT’S SECOND AMENDED ANSWER, FIRST AMENDED 

COUNTERCLAIM, AND ORIGINAL THIRD-PARTY COMPLAINT 

MWZM: 19-000001-984-1 PAGE 3 OF 4

against Plaintiff for their reasonable attorney fees in this action, both through trial and in the 

event of a subsequent appeal, as provided by the Deed of Trust and by statute. TEX. CIV. PRAC. &

REM. CODE § 38.001(8). 

7. All conditions precedent have been performed or have occurred. 

WHEREFORE, PREMISES CONSIDERED, Defendants pray that: 

a. Plaintiff takes nothing on his claims; 

b. a declaration be ordered that Defendant BNYM holds the first and superior lien on the 

Property; or in the strict alternative a declaration from this Court that BNYM’s 

interest in the Property is superior to any interest in the Property held by Plaintiff 

and/or Third-Party Defendants Jeffrey Ray Grooms, Individually, Paula Grooms 

Davis, and Michael Grooms; 

c. a declaration be ordered that Defendants’ lien against the Property shall be enforced 

by a judgment of foreclosure; that through the foreclosure sale, whether by judicial or 

non-judicial sale, the purchaser of the Property is vested with all right, title, and 

interest to the Property; and that a judgment possession issue in favor of such 

purchaser in the event of a judicial foreclosure; 

d. alternatively, Defendants recover on their claims of fraud and breach of contract; 

e. Defendants be awarded attorney fees and costs of suit as provided herein; and 

f. All other relief, in law and in equity, to which Defendants are entitled. 

Respectfully submitted, 

By: /s/ Mark D. Cronenwett 

MARK D. CRONENWETT 

Texas Bar No. 00787303 

mcronenwett@mwzmlaw.com 

MACKIE WOLF ZIENTZ & MANN, P.C. 

14160 North Dallas Parkway, Suite 900 

Dallas, Texas 75254 

Telephone: 214-635-2650 

Facsimile: 214-635-2686 

Attorneys for Defendants/Counter-Plaintiffs/ 

Third-Party Plaintiffs 

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SECOND SUPPLEMENT TO DEFENDANT’S SECOND AMENDED ANSWER, FIRST AMENDED 

COUNTERCLAIM, AND ORIGINAL THIRD-PARTY COMPLAINT 

MWZM: 19-000001-984-1 PAGE 4 OF 4

CERTIFICATE OF SERVICE 

I hereby certify that a true and correct copy of the foregoing document has been served 

via electronic service on January 21, 2021 on the following counsel of record: 

 

 JoAnn H. Means 

joann@pulshaney.com 

PULS HANEY LYSTER PLLC 

301 Commerce Street 

Fort Worth, TX 76102 

Counsel for Plaintiff 

Jerry J. Jarzombek 

jerryjj@airmail.net 

301 Commerce St., Ste. 2900 

Ft. Worth, TX 76102 

Counsel for Plaintiff 

 /s/ Mark D. Cronenwett 

 MARK D. CRONENWETT 

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