Acceleration

The Wolves and Catholic Bandit Blanks State Foreclosure Nonsuiting to Go PHH Judge Shopping in SDTX

Comerica Bank and PHH foreclosure: The Catholic Bandit nonsuits state case on Jan 22, 2024 and refiles in SDTX federal court on the same day.

LIT COMMENTARY

FEB 4, 2024

For nearly four years, a Houston-area widow has been entangled in a relentless legal battle against the foreclosure wolves of Texas, including PHH, Comerica, and their legal counsel.

This ordeal began in April 2020, and rather than concluding the original case, the foreclosure entities engaged in a strategic dance of non-suits and re-filings, prolonging the widow’s distress.

Recently, they escalated their tactics by nonsuiting the case in state court and promptly mirroring the complaint in federal court on the same day.

The timeline of this legal saga is noteworthy, reflecting a calculated and persistent effort to achieve their desired outcome – the foreclosure of the widow’s homestead.

In a concerning twist, the state court judge, unyielding to their pursuits, denied a default judgment.

Subsequently, the wolves have been conspicuously lackadaisical in pursuing their own scheduled hearings, raising questions about their commitment to the legal process.

In a move that further raises eyebrows, the foreclosure wolves have replaced their assigned associate, Ester Delores, with the Catholic Bandit, Mark Cronenwett, and his trusted sidekick Nick Frame.

This maneuver is blatant judge shopping, a tactic where litigants seek a more favorable judicial environment for their case. By shifting from state to federal court, these foreclosure mills know they will obtain the foreclosure judgment they seek, regardless of the merits presented by the distressed homeowner.

The issue at the core of this narrative is the apparent abuse of the legal system by foreclosure mills, exploiting the option to move cases from state to federal court.

This strategic relocation, commonly perceived as judge shopping, is seen as an attempt to secure a judgment of foreclosure, with little regard for the facts presented by the homeowners.

This case underscores the broader challenges in states like Texas, where the foreclosure process can be prolonged, leading to extended pain and suffering for distressed homeowners.

Critics argue that creditor rights lawyers, representing Wall Street interests, manipulate rules and exploit loopholes to secure victories at any cost.

In contrast, some states, such as Illinois and New York, have implemented measures like a one-time allowance for foreclosure, aiming to provide a more equitable and efficient resolution for all parties involved.

As this legal saga continues, it raises important questions about the balance between protecting homeowners and ensuring a fair and just legal process, and which is unattainable in Texas.

PHH Mortgage Corporation v. Rosas

(4:24-cv-00229)

District Court, S.D. Texas, Judge David Hittner

JAN 22, 2024 | REPUBLISHED BY LIT: FEB 4, 2024
FEB 4, 2024

Above is the date LIT Last updated this article.

8. In response to paragraph 8, Plaintiff states the allegations constitute nothing more than argument and/or conclusions of law, rather than statements of fact, to which no response is required. To the extent a response is required, Plaintiff denies the allegations.

 

8. Statute of limitations. More than four years has passed since an acceleration of the subject loan without foreclosure.

 

RETURN of Service of SUMMONS Executed as to Irene M. Rosas served on 1/30/2024, answer due 2/20/2024, filed.(Frame, Nicholas) (Entered: 01/31/2024)

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons.

Initial Conference set for 4/11/2024 at 10:15 AM by video before Magistrate Judge Peter Bray.

(Signed by Judge David Hittner)

Parties notified.(ClaudiaGutierrez, 4) (Entered: 01/24/2024)

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:24-cv-00229

PHH Mortgage Corporation v. Rosas
Assigned to: Judge David Hittner
Cause: 28:1332 Diversity-Declaratory Judgment
Date Filed: 01/22/2024
Jury Demand: None
Nature of Suit: 290 Real Property: Other
Jurisdiction: Diversity
Plaintiff
PHH Mortgage Corporation represented by Mark Douglas Cronenwett
Mackie Wolf Zientz & Mann, P.C.
14160 N. Dallas Parkway, Ste. 900
Dallas, TX 75254
214-635-2650
Fax: 214-635-2686
Email: mcronenwett@mwzmlaw.com
ATTORNEY TO BE NOTICED
V.
Defendant
Irene M. Rosas

 

Date Filed # Docket Text
01/22/2024 1 COMPLAINT against Irene M. Rosas (Filing fee $ 405 receipt number ATXSDC-31084278) filed by PHH Mortgage Corporation. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Cronenwett, Mark) (Entered: 01/22/2024)
01/22/2024 2 CERTIFICATE OF INTERESTED PARTIES by PHH Mortgage Corporation, filed.(Cronenwett, Mark) (Entered: 01/22/2024)
01/22/2024 3 Request for Issuance of Summons as to Irene M. Rosas, filed.(Frame, Nicholas) (Entered: 01/22/2024)
01/23/2024 4 Summons Issued as to Irene M. Rosas. Issued summons delivered to plaintiff by NEF, filed.(RhondaMooreKonieczny, 4) (Entered: 01/23/2024)
01/24/2024 5 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 4/11/2024 at 10:15 AM by video before Magistrate Judge Peter Bray. (Signed by Judge David Hittner) Parties notified.(ClaudiaGutierrez, 4) (Entered: 01/24/2024)
01/26/2024 6 Request for Issuance of Summons as to Irene M. Rosas, filed.(Frame, Nicholas) (Entered: 01/26/2024)
01/29/2024 7 Summons Issued as to Irene M. Rosas. Issued summons delivered to plaintiff by NEF, filed.(RhondaMooreKonieczny, 4) (Entered: 01/29/2024)
01/31/2024 8 RETURN of Service of SUMMONS Executed as to Irene M. Rosas served on 1/30/2024, answer due 2/20/2024, filed.(Frame, Nicholas) (Entered: 01/31/2024)

 


 

PACER Service Center
Transaction Receipt
02/04/2024 09:28:20

 202323609 –

COMERICA BANK vs. ROSAS, IRENE M

 (Court 152, JUDGE ROBERT SCHAFFER)

APR 14, 2023 | REPUBLISHED BY LIT: JAN 4, 2024

202020977 –

COMERICA BANK (BY AND THROUGH ITS MORTGAGE SERVICER PHH MORTGAGE) vs. ROSAS, IRENE M

(Court 189)

APR 2, 2020 | REPUBLISHED BY LIT: JAN 4, 2024

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The Wolves and Catholic Bandit Blanks State Foreclosure Nonsuiting to Go PHH Judge Shopping in SDTX
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