LIT COMMENTARY
Welcome to an exploration into a perplexing legal scenario involving Codilis & Moody, PC, f/k/a Codilis & Stawiarski PC. Delving into the intricacies of active surety bonds filed with the TX SOS, an intriguing discrepancy emerges.
While the entity listed on the surety bond is Codilis & Stawiarski PC, our meticulous research uncovers a contrasting reality. It appears that Codilis & Moody PC should rightfully be the designated entity on the active surety bond.
This incongruity raises profound questions about their activities as debt collectors within the Texan legal landscape, spanning both state and federal jurisdictions.
Through our comprehensive investigation, we have meticulously compiled a compendium of cases and factual evidence which sheds light on this audacious situation.
Join LIT as we navigate through this evidence, unraveling a narrative of potential unlawfulness that demands attention.
202335600 –
ZIONS BANCORPORATION NA SUCCESSOR BY MERGER AND NA vs. BARRY, JOHN J (IV)
JUN 9, 2023 | REPUBLISHED BY LIT: AUG 25, 2023
AUG 25, SEP 6, 18, 28 NOV. 1, 2023
Above is the date LIT Last updated this article.
Despite our commentary regarding the law firm’s surety bond issues, they still pursue a default entry of judgment on Oct. 11, 2023.
Of course the Outlaw in a Dirty Black Robe granted the foreclosure.
In a stunning exposé, the calculated decision-making of Zion’s Bancorporation (“ZB”) @ZionsBank has come under intense scrutiny as their deliberate associations unravel into a full-blown financial crisis.https://t.co/pQSTrY41e4 @VivintHome @TXsecofstate @SecJaneNelson #Texas
— lawsinusa (@lawsinusa) August 25, 2023
All About Homes, LLC v. PHH Mortg. Corp., Civil Action 4:21-CV-03750, at *6 (S.D. Tex. Sep. 20, 2022)
“The Supreme Court of Texas has ‘never held corporations liable for each other’s obligations merely because of centralized control, mutual purposes, and shared finances.’”
Al Rushaid v. Nat’l Oilwell Varco, Inc., 757 F.3d 416, 424 (5th Cir. 2014) (quoting SSP Partners v. Gladstrong Invs. (USA) Corp., 275 S.W.3d 444, 451 (Tex. 2009)).
One purpose of creating separate corporate entities is to shield the assets of one from the liabilities of the other.
It would be perverse for All About Homes to avoid liability for All About Property’s obligations, yet also find that the two entities are sufficiently identical such that the latter can assert a claim on the former’s behalf.
And no allegations in the Complaint (or facts in the record) suggest that All About Property was positioned to assert the rights of All About Homes.
The two entities are not in privity with each other.”
Codilis Announces Key Leadership Appointments
The Codilis family of firms is pleased to announce that Adam E. Codilis and Gregory J. Moody have become shareholders of Codilis & Stawiarski, P.C. (C&S), the Codilis firms’ Texas office.
Greg will serve as President of the firm, and Adam as Vice President.
Co-founder, Leo Stawiarski, will be leaving the firm to dedicate time and focus on his national collections practice, LCS Financial Services Corporation.
Fellow co-founder, Ernest J. Codilis, Jr., will continue his involvement as a shareholder and firm officer.
C&S, a Houston, Texas based industry-leading end-to-end creditors’ rights law firm established to serve the needs of mortgage lenders and servicers, has been part of the Codilis family of firms since 1988 with sister offices including Codilis & Associates, P.C. (Illinois); Codilis, Moody & Circelli, P.C. (Missouri and Wisconsin); and Codilis Law, LLC (Indiana).
In addition to serving as President at C&S, Greg will continue to serve as President of Codilis, Moody & Circelli, P.C., and Vice President at Codilis & Associates, P.C.
Likewise Adam will continue to serve as President of Codilis & Associates, P.C. Both Greg and Adam are shareholders in all of the Codilis firms and have combined industry experience of more than forty years.
Aaron J. Demuth has also joined the firm and will be serving as Managing Attorney. Aaron has been with the Codilis family of firms since May of 2010, most recently in the role of lead attorney at Codilis & Associates, P.C.
Aaron is excited to bring 18 years of legal and management experience to his new role as managing attorney of the Codilis Texas office.
He will be leading an office that has been in Texas for more than 25 years and looks forward to building on its established reputation and expanding its client base.
Bringing in new leadership at C&S and strengthening ties with the other Codilis firms will permit greater efficiencies throughout the Codilis network, and is expected to further enhance the firm’s compliance program and the quality of the services it provides to its clients for years to come.
As Adam stated, “I couldn’t be more pleased with the progress of the Texas office and our ability to provide the same level of customer service and dedication to our clients that they presently see in each of our other states.”
Greg added, “The Codilis family of firms has come so far in recent years, and being a part of its continued growth as a member of the leadership team for the great state of Texas is a blessing to say the least.”
On April 12, 2017, the report of the Magistrate Judge (Dkt. #67) was entered containing proposed findings of fact and recommendations that Defendant Codilis & Stawiarski, P.C.’s Amended and Supplemental Rule 12(b)(6) Motions to Dismiss (Dkt. #54; Dkt. 56) be granted.
E. Defendant Codilis & Moody, PC’s Motion to Dismiss, Dkt. 25
Defendant Codilis is a foreclosure law firm that defendant Freedom Mortgage Corporation retained to advise and assist it regarding the foreclosure of the lien on the Property. As a result of Plaintiffs’ unresolved default under the terms of the Note and Deed of Trust, Codilis, in its capacity as foreclosure counsel to Freedom Mortgage Corporation, sent Plaintiffs a Notice of Acceleration on December 27, 2019. Plaintiffs’ Complaint fails to specifically state which causes of action they are alleging against Codilis, generally asserting all causes of action against all Defendants.
McBryde v. Freedom Mortg., No. A-22-CV-01038-RP, at *16 (W.D. Tex. Apr. 14, 2023)
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Zions Bancorporation Retains Known Rogue Debt Collecting Lawyer to Pursue Expedited Foreclosure
Zions Bancorporation is retaining lawyers and law firms who do not have an active debt collecting surety bond on file with the State of TX.
Indymac Bank’s Victor Woodworth: This is What Jail Looks Like for the Sr VP of Predatory Lending
You will note in the FDIC litigation involving Indymac Bank, Victor Woodworth is listed as Senior Vice President.
