SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE

Exhibit 4.1

SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE

     This Settlement Agreement And Mutual General Release (“Settlement Agreement”) is entered into among the Florida Insurance Guaranty Association, Inc. (“FIGA”), the Vista Royale Association, Inc. (“Vista Royale”), Fireline Restoration, Inc. (“Fireline”), and Home Solutions of America, Inc. (“Home Solutions”). FIGA, Vista Royale, Fireline, and Home Solutions are hereinafter sometimes singularly and interchangeably referred to as the “Party,” and collectively referred to as the “Parties”. This Settlement Agreement shall become effective as of the date last executed by the Parties (“Effective Date”).

      WHEREAS , Vista Royale is a Florida non-profit corporation located in Indian River County, Florida.

      WHEREAS , Fireline is a construction company with its principal place of business in Hillsborough County, Florida.

      WHEREAS , Home Solutions is a construction company with its principal place of business in Dallas, Texas.

      WHEREAS , FIGA is a non-profit corporation created in 1970 by the legislature of the State of Florida.

      WHEREAS , certain disputes and disagreements exist between the Parties.

      WHEREAS , Vista Royale purchased insurance policy number CNP3003723 (the “Policy”) from Southern Family Insurance Company (“Southern Family”), with coverage dates of June 1, 2004 to June 1,2005.

      WHEREAS , Southern Family was declared insolvent on June 1, 2006, and pursuant to Chapter 631, Florida Statutes, FIGA assumed responsibility for “covered claims,” as the term “covered claims” is defined in § 631.54 Florida Statutes.

      WHEREAS , as a result of Hurricane Frances on September 5, 2004 and Hurricane Jeanne on September 26, 2004, Vista Royale suffered damages.

      WHEREAS , as a result of the damages, Vista Royale submitted Claim Number 1 10002907 to Southern Family (“the Claim”) and has since submitted amended claims to FIGA after the date of Southern Family’s insolvency.

      WHEREAS , prior to becoming insolvent, Southern Family Insurance Company paid twelve million, six hundred twenty two thousand, two hundred and ninety-four dollars AND NO CENTS ($12,622,294.00) to Vista Royale.

      WHEREAS , pursuant to the terms of the Vista Royale Declaration of Condominium, any payments from the Policy will be made to a Florida Bank with Trust Powers. Vista Royale has provided documentation indicating that Seacoast National Bank f/k/a First National Bank and Trust Company of the Treasure Coast (“Seacoast”), a Florida corporation, is acting as the Insurance Trustee for Vista Royale.

      WHEREAS , on March 3,2005, Seacoast National Bank f/k/a First National Bank and Trust Company of the Treasure Coast (“Seacoast”) recorded a Uniform Commercial Code Financing Statement Form with the Secretary of State for the State of Florida entitling Seacoast to any payments from the Policy.

      WHEREAS , Vista Royale provided Mortgage Notes executed by Vista Royale on May 10, 2006 and October 20, 2004 that grant Seacoast an interest in any payments from the Policy.

      WHEREAS , in 2006, Vista Royale filed a lawsuit against Southern Family. The case is pending in the Circuit Court of the Nineteenth Judicial Circuit in and for Indian River County, Florida, and the case style is Vista Royale Association, Inc. v. Southern Family Insurance, Co., Case No.: 2006-0087 CA 03.

      WHEREAS , on August 7,2006 and as a result of its representation of Vista Royale in Case No.: 2006-0087 CA 03 and the “Authority to Represent First Party Property Insurance Claim” executed by Vista Royale and Freemon & Miller, P.A., Freemon & Miller, P.A. filed a “Charging Lien for Attorney Fees and Costs” in Case No.: 2006-0087 CA 03. The document has been recorded in the Public Records of Indian River County, Florida at book number 2069 and page number 616. Vista Royale has provided documentation from Freemon & Miller indicating that the charging lien has been satisfied.

      WHEREAS , Vista Royale hired International Risk Control and on November 17, 2004 Vista Royale executed an assignment of claim to International Risk Control. International Risk Control has provided a written statement to the Parties indicating that they will be paid directly by the Insurance Trustee and will not be a payee on any payment check.

      WHEREAS , Fireline performed certain construction services for Vista Royale and on October 27, 2004, Vista Royale executed a direction of pay that directs Southern Family to include Fireline on any payment of claims.

      WHEREAS , on May 14, 2007, Fireline recorded an amended claim of lien against Vista Royale and each individual condominium unit comprising Vista Royale for a total value in the amount of FORTY NINE MILLION THREE HUNDRED SEVENTY

TWO THOUSAND THREE HUNDRED SEVENTY SEVEN DOLLARS AND EIGHTY SEVEN CENTS ($49,372,377.87) and with TWENTY THREE MILLION SEVEN HUNDRED FOUR THOUSAND THIRTY-FIVE DOLLARS AND NINETY SIX CENTS ($23,704,035.96) remaining outstanding. The amended claim of lien is recorded In the Records of Jeffrey K. Barton, Clerk Circuit Court of Indian River County, Florida at Book number 2165 and page number 683.

      WHEREAS , in 2007, Fireline filed a lawsuit to enforce the Amended Claim of Lien. The case was filed in the Circuit Court of the Nineteenth Judicial Circuit in and for Indian River County, Florida, and the case style is Fireline Restoration, Inc. v. Vista Royale Association, Inc., Case No.: 2007 -0921 CA 03.

      WHEREAS , Fireline was purchased by Home Solutions on or about July of 2006.

      WHEREAS , on July 24, 2007, Vista Royale, Fireline, and Home Solutions entered into a Settlement Agreement and subsequently executed an Addendum to Settlement Agreement. The Addendum to Settlement Agreement states that any payment shall be made to the Insurance Trustee for Vista Royale and not to Vista Royale or Fireline. This agreement shall hereinafter be referred to as the Vista Royale, Fireline, and Home Solutions Settlement Agreement.

      WHEREAS , Vista Royale, Fireline, and Home Solutions expressly acknowledge that the Vista Royale, Fireline, and Home Solutions Settlement Agreement and any and all obligations created pursuant to the Vista Royale, Fireline, and Home Solutions Settlement Agreement survive the execution of this Settlement Agreement and that FIGA

does not have any obligations pursuant to the Vista Royale, Fireline, and Home Solutions Settlement Agreement.

      WHEREAS , as a result of the Vista Royale, Fireline, and Home Solutions Settlement Agreement, on August 27,2007 Fireline filed a “Notice of Voluntary Dismissal with Prejudice and Discharge of Lis Pendens” in Case No.: 2007-0921 CA 03.

      WHEREAS , as a result of the Vista Royale, Fireline, and Home Solutions Settlement Agreement, on August 30, 2007, Fireline recorded a “Satisfaction of Claim of Lien and Amended Claim of Lien.” The Satisfaction of Claim of Lien and Amended Claim of Lien is recorded In the Records of Jeffrey K. Barton, Clerk Circuit Court of Indian River County, Florida at Book number 2199 and page number 701.

      WHEREAS , on July 5, 2007, the Small Business Administration, a division of the United States government, sent notice to Southern Family Insurance Company enclosing an assignment of all insurance proceeds resulting from the Policy. Vista Royale has provided documentation from the Small Business Administration indicating that the assignment has been waived.

      WHEREAS , on August 7, 2007, Works R Us, LLC recorded a construction claim of lien claiming an entitlement to unpaid monies in the amount of TWO HUNDRED FORT Y THOUSAND, TWO HUNDRED AND TWENTY SEVEN DOLLARS AND FORTY FIVE CENTS ($240,227.45.) The amended claim of lien is recorded In the Records of Jeffrey K. Barton, Clerk Circuit Court of Indian River County, Florida at Book number 2191 and page number 556.

      WHEREAS , the Vista Royale, Fireline, and Home Solutions Settlement Agreement references a perfected claim of lien recorded by Academy Roofing. Academy

Roofing filed a Satisfaction of Lien In the Records of Jeffrey K. Barton, Clerk Circuit Court of Indian River County, Florida at Book number 1913 and page number 2330.

      WHEREAS , on December 6, 2007, an appraisal award was entered in the amount of THIRTY MILLION ONE HUNDRED NINETEEN THOUSAND SEVEN HUNDRED AND THIRTY SEVEN DOLLARS AND NO CENTS ($30,119,737.00) less any deductibles and less the amounts previously paid by Southern Family and FIGA.

      WHEREAS , Fireline, and Home Solutions expressly affirm and warrant that the claim submitted to Southern Family and FIGA was truthful and accurate.

      WHEREAS , Vista Royale, Fireline, Home Solutions, and FIGA expressly affirm and warrant that the claim submitted to Southern Family and FIGA exceeded the amount of money stated on the face of the promissory notes held by Southern Family and due if the claim did not exceed that amount.

      WHEREAS , both FIGA and Vista Royale disputed certain portions of the appraisal award.

      WHEREAS , disputes and differences have arisen between the Parties relating to coverage for the Claim, the amount of coverage for the Claim, and other issues arising out of or related to the Policy and the Claim (the “Dispute”).

      WHEREAS , the Parties to this Settlement Agreement desire to, and hereby do satisfy and resolve all claims, demands, rights, and causes of action that any Party may have against the other Party with respect to the Dispute, and any and all other claims that may exist between and among the Parties.

      NOW THEREFORE , the Parties have reached an agreement to resolve the Dispute and

any and all other claims that may exist between and among the Parties without litigation or challenges to the appraisal award. In consideration of the mutual promises, premises and covenants set out in this Settlement Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby expressly acknowledged, and upon the terms and subject to the conditions contained herein, the Parties expressly agree and covenant as follows:

Section 1: Incorporation of Recitals

     The Parties expressly incorporate the recitals of this Settlement Agreement as a part hereof.

Section 2: Payment

     FIGA shall pay the amount of twenty-two million and three hundred seventy seven thousand dollars and seventy four cents ($22,377,055.74) within ten business days of the execution of this Settlement Agreement (the “Settlement Check”). The Parties agree and acknowledge that no other monies are due and owing pursuant to the dispute, Policy, hurricane damage, or Claim with the exception of those obligations that exist between Vista Royale, Fireline, and Home Solutions as a result of the Vista Royale, Fireline, and Home Solutions of America Settlement Agreement, all of which survive this Settlement Agreement.

     The Parties represent and warrant that they are not aware of any person or entity claiming an entitlement to the funds of this insurance settlement with the exception of the following person and entities: (1) Vista Royale; (2) International Risk Control, LLC; (3) Fireline Restoration, Inc.; (4) Home Solutions of America; (5) Seacoast National Bank,

as insurance trustee for Vista Royale; (6) Seacoast National Bank, as lender, mortgagee, and secured creditor to Vista Royale; (7) Works R Us, LLC; (8) Academy Roofing; and (9) Brian Marshall.

     Fireline and Home Solutions shall direct Seacoast National Bank to make payment to Works R Us, LLC for the full amount of the claim of lien filed by that entity or to bond the claim lien prior to any payment or distribution being made by Seacoast to Fireline or Home Solutions.

     Fireline and Home Solutions shall direct Seacoast National Bank to make payment to

     Academy Roofing in the