LIT COMMENTARY
APR 21, MAY 1,
JUN 28, 2024
LIT anticipated the bankruptcy dismissal issued today, May 1, 2024 by Judge Jeff Norman which is prior to May 7, 2024 foreclosure date, and which will allow the auction to proceed. However, LIT notes movement in the expedited foreclosure case in late May (see below) which questions the current status of proceedings.
Mackie Wolf touched every part of David Glassel’s foreclosures in both properties – from Trustee, to Servicer to Auctioneer, repeatedly in violation of the law. At the time of publishing, the commercial property sold by credit bid to DBNTCO for $165k (Aug. 2021) and the main residence sold by credit bid for $331.5k to DBNTCO (Feb. 2024) – but that property is up for auction again in May 2024.
LIT Exposes Shadow Banking by the Legal Overlords
What you have here, over many years, is two adjacent properties (lot 64 and 65) owned by David Glassel being foreclosed by one law firm primarily, foreclosure mill Mackie Wolf and their legal bandit lawyers, who acted for;
Deutsche Bank (trustee)
Onity/PHH/Ocwen (mortgage servicer / debt buyer / debt collector)
AVT Title Services, LLC (auctioneer / substitute trustee / foreclosure mill Mackie Wolf’s shell sham entity)
In order to try and cloud this glaring fact, they recruit in the majority, Locke Lord, another Texas foreclosure mill who happily “substitutes” into the case after removal. Due to the fact this is a double foreclosure on 2 lots, they add a supplementary law firm Hirsch and Westheimer (Michael Hord) into the mix.
However, the trace clearly shows pre and post litigation, Mackie Wolf is controlling all aspects of the foreclosures.
Indeed, it appears to LIT that the Feb. 6, 2024 auction for $331.5k on a credit bid to DBNTCO has been ‘unofficially’ set aside since LIT called ’em about about this type of sham foreclosure ‘sale’ by the Wolves of Texas and are now going to sell it to a ‘friend’ at the rescheduled May 2024 auction, should the latest bankruptcy by Glassel not prevent the same.
Legal Bandits and creditor rights lawyers Cronenwett and Hord would tag team for Ocwen and Deutsche thereafter.
And what we’ve now recently confirmed, lenders and trustees like Deutsche Bank National Trust Company are being used as a pawn to hide the fact that the debt is being punted around debt buyers, which include the very mortgage servicers who are ‘instructed to foreclose’.
As we’ve indicated before, this system, which is spawned from Residential Mortgage Backed Securities (RMBS), where mortgages and loans are bundled together and sold to investors on Wall St., is effectively a fraudulent scheme to hide the real parties in interest, which is generally not the name you’ll see listed as “trustee”, in this case Deutsche Bank.
In short, you now have the unbelievable scenario where loans secured by real property, in this case residential property, has less legal protection than unsecured loans, credit card and student loans. That’s right, at least with unsecured loans, you have consumer laws in place to prevent the type of non-disclosure and fraud you see here being adjudicated by federal judges in the majority, despite state law controlling property laws.
We blame congress for much of this corruption, who have done absolutely nothing since the greatest theft of residential homes in American history, as it continues into 2024 and beyond. America will be a country where only the one percenters own homes and the rest will be renters, or owners of converted garden sheds called tiny homes or shipping containers.
That’s the true reality of what citizens have allowed to happen in America due to their own inaction due to fear: a need for self preservation.
Now, returning to the 2 properties in question in these proceedings, you’ll note that although there’s 2 lots, the original loan was a single loan.
That would be split upon refinance. The ‘main residence’ as we’ll call 2119 Old Ox Rd where the Overlords claim Deutsche Bank as trustee holds the interest,
and
the second home loan for 2123 Old Ox Rd, which we’ll refer to as the ‘commercial property‘ and where the Overlords claim Ocwen Loan Servicing, LLC (PHH Mortgage Corp.) as mortgage servicer, debt buyer and debt collector holds the interest.
On Aug. 14, 2017 there’s a notice of rescission of acceleration of the 2123 loan – recorded by Mark Cronenwett and notarized by Susan Taplin, Senior Paralegal at Mackie Wolf for over a decade (very familiar with the robosigning fraud and fabrication of legal docs to initiate illegal foreclosures).
The 2021 trustee’s deed (legally documenting and recording in real property records the auction and sale amount/buyer of the property foreclosed) appoints Mackie Wolf as the auctioneer via their alter ego entity AVT Title Services, LLC, and where they indicate that Chelsea Schneider is the auctioneer; a Texas attorney and associate at Mackie Wolf who “r
The credit bid of $165k is to buyer DBNTCO.
As LIT proved in prior cases, Mackie Wolf acting for all of the parties/entities in a foreclosure proceeding violates the law – it’s illegal.
See; Outlaw Judge Tami Craft Grants TRO Bond At Dec. 28, 2023 Hearing Against AVT Title Services, et al – where Mark Cronenwett was called out by LIT for this very reason and he quickly ensured the case was dismissed shortly after he’d removed to federal court to pursue judgment.
LIT’s investigation is pertaining to a forensic analysis and audit of the loans and foreclosure litigation pertaining to David Glassel’s properties at 2119 and 2123 Old Ox Road in Spring, TX.
During this review we’ve noted Glassel’s involved in a substantial amount of litigation which has resulted in additional parties in this lawsuit. We note David’s wife is now deceased and his business ceased operation in 2012 “due to the state” according to his counsel’s pleadings (bankruptcy attorney Larry Vick).
LIT is not commenting or investigating any of these related issues which involve David Glassel, and we are not paid to promote any party or litigant in our publication(s) related to these parties.
Our sole purpose is to expose the ongoing fraud and corruption between Shadow Bankers, Legal Overlords, Outlaws and Bandits in Texas.
Top of the morn’ Wall St. It’s time to reveal the real truth.
Join us today, Monday, for the latest investigations by LIT.@jpmorgan @goldmansachs @BankofAmerica @DeutscheBank @WellsFargo @BlackRock @Citi @CenlarFSB @RocketLoans @MidFirst @10DowningStreet @EU_Commission #TWO pic.twitter.com/KGrCqRRX6j— lawsinusa (@lawsinusa) April 22, 2024
The 2017 Expedited Foreclosure in State Court Non-Suited as they Become Intervenor-Defendant in Related Property Case in Federal Court c/o Mark Cronenwett filings
Deutsche Bank’s Supporting Docs re Motion for Summary Judgment for Main Residence (2119)
Marissa Sibal for Mackie Wolf files for Expedited Foreclosure in DBNTCO v Glassel (2119)
After the Removal of the Stop Foreclosure Litigation by Glassel in State Court, Judge Bennett’s Federal Court Order would be issued and a Non-Judicial Foreclosure resulted in a 2021 Sale (2123 Commercial Property)
APR 21, 2024
Apr. 17, 2018: DECLARATION of Michelle McLean re PROPERTY 2123 LOT 64 (aka ‘commercial or non-exempt homestead’) is the focus with a fleeting recordation of 2119 LOT 65 (the residential exempt ‘homestead’) as that’s dealt with separately in the docket:
45 MOTION for Summary Judgment and Brief in Support. Pursuant to 47 Order, the declaration is being substituted in place of Exhibit A originally filed with the 45 Motion for Summary Judgment
David L. Glassel v. Ocwen Loan Servicing, LLC, 284th Judicial District Court, Case No. 17-02-01580 Mark D Cronenwett for Ocwen: 02/06/2017
Judge Bennett’s Federal Court Final Order of Foreclosure Would be Scrapped as Mackie Wolf file another Expedited foreclosure action in state court in 2023 re Main Residence (2119)
APR 10, 2023 | REPUBLISHED BY LIT: APR 21, 2024
Jun 28, 2024
LIT notes a filing of “Certificate of Last Known Address” on May 26, 2024 in these proceedings, leaving a question mark over status of home and owner.
In Re: Order for Foreclosure
Concerning 2119 Old Ox Road Spring, TX 77386 Under Tex. R. Civ. P. 736
Deutsche Bank National Trust Company, as Trustee, in trust for registered Holders of Long Beach Mortgage Loan Trust 2006-7, Asset-Backed Certificates, Series 2006-7 and David L. Glassel, Occupants at 2119 Old Ox Road, Spring, TX 77386
Case No. 23-04-05118
Montgomery County – 457th Judicial District Court
It looks like Glassel’s homestead is headed for May 7, 2024 auction (foreclosure) despite the Trustees Deed re Feb. auction…selling (credit bid) to Deutsche Bank.
Apr 15, 2024
David Lester Glassel (24-31672)
United States Bankruptcy Court, S.D. Texas
Nov 6, 2023
David Lester Glassel (23-34316)
United States Bankruptcy Court, S.D. Texas
Aug 30, 2022
David Lester Glassel (22-32496)
United States Bankruptcy Court, S.D. Texas
David L. Glassel and SELECT PORTFOLIO SERVICING, INC. as servicer for D (19-32608)
United States Bankruptcy Court, S.D. (Texas May 6, 2018, Ch 11)
Glassel is self employed and involved in quite a number of cases at both state and federal level. LIT’s restricting to what is believed to be currently relevant to the foreclosures herein…
Welcome to LIT’s newsletter Emily @akin_gump, using an alt email to mask your legal position within the finsvc industry and RMBS litigation.
You’ll find that transparency works best with LIT. If you wish to discuss particular article(s), please don’t hesitate to reach out. pic.twitter.com/SE6lsCvTR1
— lawsinusa (@lawsinusa) April 19, 2024
Glassel v. Ocwen Loan Servicing, LLC
(4:17-cv-00553)
District Court, S.D. Texasm Judge Al Bennett
FEB 21, 2017 | REPUBLISHED BY LIT: APR 21, 2024
APR 21, 2024
Above is the date LIT Last updated this article.
Feb 21, 2017
NOTICE OF REMOVAL from 284th Judicial District Court of Montgomery County, Texas by the Catholic Bandit, Mark Cronenwett, Mackie Wolf, for Ocwen Loan Servicing, LLC (mortgage servicer and/or debt buyer/debt collector)
Apr 13, 2017
MOTION to Intervene by Deutsche Bank National Trust Company, as Trustee by Mark Cronenwett, Mackie Wolf, who also represents Ocwen as shown above.
Aug 8, 2017
Mark Cronenwett of Mackie Wolf substituted out by Michael Hord Jr of Hirsch granted Aug 16 by Judge Bennett.
Sep 12, 2017
ORDER granting 7 Intervenor-Plaintiff Deutsche Bank National Trust Company, As Trustee’s MOTION to Intervene (Signed by Judge Alfred H Bennett)
Apr 11, 2018
Leave to File to Substitute Evidence in the Summary Judgment Record by Defendant Ocwen Loan Servicing, LLC by Ocwen Loan Servicing, LLC Granted by Judge Bennet on Apr. 17.
Apr 17, 2018
DECLARATION of Michelle McLean re: 45 MOTION for Summary Judgment and Brief in Support. Pursuant to 47 Order, the declaration is being substituted in place of Exhibit A originally filed with the 45 Motion for Summary Judgment.
Sep 10, 2018
MOTION to Substitute Attorney Nicola M. Shiels ET AL of LOCKE LORD in place of Mark D. Cronenwett by Ocwen Loan Servicing, LLC, filed.
Motion Docket Date 10/1/2018. (Attachments: # 1 Proposed Order Granting Defendant Ocwen Loan Servicing, LLC’s Motion to Substitute Counsel)(Shiels, Nicola)
NOTICE of Appearance by Robert T. Mowrey on behalf of Ocwen Loan Servicing, LLC, filed.
NOTICE of Appearance by Sahar H. Shirazi on behalf of Ocwen Loan Servicing, LLC, filed.
Oct 5, 2018
ORDER granting 63 Motion to Substitute Attorney. (Signed by Judge Alfred H Bennett)
May 2/3, 2019
MOTION for Nicola M. Shiels to Withdraw as Attorney by Ocwen Loan Servicing, LLC
NOTICE of Appearance by Jennifer Kinney Parnell on behalf of Ocwen Loan Servicing, LLC
Mar 27, 2019
ORDER granting 45 OCWEN’S Motion for Summary Judgment re 2123 property – LOT 64.
(Signed by Judge Alfred H Bennett)
May 6, 2019
SUGGESTION OF BANKRUPTCY by David L Glassel, filed.(Vick, Larry)
Nov 5, 2019
FINAL JUDGMENT –
The 75 Second Motion for Entry of Final Judgment is GRANTED.
ORDERED AND DECREED that all of Plaintiff David L. Glassel’s claims against Trustee are dismissed with prejudice. ORDERED AND DECREED that Trustee is hereby awarded and this Judgment shall constitute an Order Authorizing Foreclosure, authorizing Trustee to foreclose on the real property collateral made the basis of the present action.
ORDERED AND DECREED that any relief not specifically granted in this Judgment is DENIED and any parties not otherwise disposed of are DISMISSED. (Signed by Judge Alfred H Bennett)
Dec 3, 2019
MOTION for New Trial by David L Glassel, filed. Motion Docket Date 12/24/2019.
Aug 13, 2020
ORDER denying 77 Motion for New Trial.(Signed by Judge Alfred H Bennett)
Aug 3, 2021
Sub. Trustee Deed selling 2123 property LOT 64 Filed; buyer DEUTSCHE BANK (Credit Bid) $165,000 sold by MW/AVT auctioneers Patricia Poston and Chelsea Schneider of the wolves of Texas foreclosure.
Apr. 10, 2023
Another 736 Expedited Foreclosure filing by Karla Balli of Mackie Wolf re 2119 (main res.) . Default judgment entered.
Feb 6, 2024
Foreclosure Auction, credit bid $331.5k to DBNTCO for main property (2129) sold by MW/AVT auctioneers Keller Mackie and Chelsea Schneider of the wolves of Texas foreclosure.
Apr 15, 2024
David Glassel Files for Bankruptcy protection.
May 2, 2024
Relisted main residence: scheduled foreclosure auction.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:17-cv-00553
| Glassel v. Ocwen Loan Servicing, LLC Assigned to: Judge Alfred H Bennett
Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 02/21/2017 Date Terminated: 03/27/2019 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| David L Glassel | represented by | Larry Alton Vick Law Office of Larry Vick 13501 Katy Freeway Suite 3474 Houston, TX 77079 409-795-7960 Fax: 832-202-2821 Email: lv@larryvick.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Ocwen Loan Servicing, LLC | represented by | Robert T Mowrey Locke Lord LLP 2200 Ross Ave Ste 2800 Dallas, TX 75201-6776 214-740-8000 Fax: 214-740-8800 Email: rmowrey@lockelord.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDJennifer Kinney Parnell JPMorgan Chase Bank, N.A. 8181 Communications Parkway Bldg. B, Floor 5 Plano, TX 75024 972-324-4577 Email: jkinparnell@gmail.com ATTORNEY TO BE NOTICEDMarc Daniel Cabrera Polsinelli PC 2950 N. Harwood Suite 2100 Dallas, TX 75201 214-397-0030 Fax: 214-397-0033 Email: mcabrera@polsinelli.com TERMINATED: 01/24/2020 ATTORNEY TO BE NOTICEDNicola Marie Shiels Email: nmshiels@gmail.com ATTORNEY TO BE NOTICEDSahar Haidari Shirazi Email: sahar.shirazi@gmail.com ATTORNEY TO BE NOTICEDMark 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 TERMINATED: 10/05/2018 ATTORNEY TO BE NOTICED |
| Defendant | ||
| Deutsche Bank National Trust | represented by | Michael F Hord , Jr Hirsch Westheimer PC 1415 Louisiana 36th Floor Houston, TX 77002-2772 713-220-9182 Fax: 713-223-9319 Email: mhord@hirschwest.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDSahar Haidari Shirazi (See above for address) ATTORNEY TO BE NOTICED |
| Defendant | ||
| UNITED STATES OF AMERICA | represented by | Chad Wesley Cowan United States Attorney Office 1000 Louisiana Suite 2300 Houston, TX 77002 713-567-9569 Fax: 713-718-3300 Email: chad.cowan@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICEDAndrea Elaine Belgau U S Attorney’s Office 1000 Louisiana Suite 2300 Houston, TX 77002 713-567-9597 Email: andrea.belgau@usdoj.gov TERMINATED: 09/16/2020 ATTORNEY TO BE NOTICED |
| Intervenor Plaintiff | ||
| Deutsche Bank National Trust Company, as Trustee in Trust for Registered Holders of Long Beach Mortgage Loan Trust 2006-7, Asset-Backed Certificates, Series 2006-7 |
represented by | Mark Douglas Cronenwett (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDMichael F Hord , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Third Party Defendant | ||
| United States of America, Department of the Treasury | represented by | Chad Wesley Cowan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDAndrea Elaine Belgau (See above for address) TERMINATED: 09/16/2020 ATTORNEY TO BE NOTICED |
| Third Party Defendant | ||
| Internal Revenue Service | represented by | Chad Wesley Cowan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Third Party Defendant | ||
| Mustang Power Systems a Division of Mustang Tractor & Equipment Company |
represented by | Mary M Markantonis Dean G. Pappas Law Firm, PLLC 8588 Katy Fwy Ste 100 Houston, TX 77024 United Sta 713-914-6200 Fax: 713-914-6201 Email: mmarkantonis@dgplawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Third Party Defendant | ||
| Melinda Poole | ||
| ThirdParty Plaintiff | ||
| Deutsche Bank National Trust Company, as Trustee in Trust for Registered Holders of Long Beach Mortgage Loan Trust 2006-7, Asset-Backed Certificates, Series 2006-7 |
represented by | Mark Douglas Cronenwett (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDMichael F Hord , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Intervenor Defendant | ||
| David L Glassel | represented by | Larry Alton Vick (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 10/29/2019 | 75 | MOTION for Entry of Order re: Second Motion for Entry of Final Judgment by Deutsche Bank National Trust, Deutsche Bank National Trust Company, as Trustee, filed. Motion Docket Date 11/19/2019. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Hord, Michael) (Entered: 10/29/2019) |
| 11/05/2019 | 76 | FINAL JUDGMENT – The 75 Second Motion for Entry of Final Judgment is GRANTED. ORDERED AND DECREED that all of Plaintiff David L. Glassel’s claims against Trustee are dismissed with prejudice. ORDERED AND DECREED that Trustee is hereby awarded and this Judgment shall constitute an Order Authorizing Foreclosure, authorizing Trustee to foreclose on the real propertycollateral made the basis of the present action. ORDERED AND DECREED that any relief not specifically granted in this Judgment is DENIED and any parties not otherwise disposed of are DISMISSED. (Signed by Judge Alfred H Bennett) Parties notified.(sanderson, 4) (Entered: 11/06/2019) |
| 12/03/2019 | 77 | MOTION for New Trial by David L Glassel, filed. Motion Docket Date 12/24/2019. (Attachments: # 1 Proposed Order)(Vick, Larry) (Entered: 12/03/2019) |
| 12/06/2019 | 78 | NOTICE of Appearance by Marc D. Cabrera on behalf of Ocwen Loan Servicing, LLC, filed. (Cabrera, Marc) (Entered: 12/06/2019) |
| 12/19/2019 | 79 | Unopposed MOTION for Extension of Time Extend Deadline to Respond to Plaintiff’s Motion for New Trial by Ocwen Loan Servicing, LLC, filed. Motion Docket Date 1/9/2020. (Attachments: # 1 Proposed Order)(Shirazi, Sahar) (Entered: 12/19/2019) |
| 12/20/2019 | 80 | RESPONSE to 77 MOTION for New Trial filed by Deutsche Bank National Trust. (Attachments: # 1 Proposed Order)(Hord, Michael) (Entered: 12/20/2019) |
| 12/27/2019 | 81 | ORDER granting 79 Motion for Extension of Time Responses due by 1/17/2020..(Signed by Judge Alfred H Bennett) Parties notified.(ledwards, 4) (Entered: 12/27/2019) |
| 01/17/2020 | 82 | RESPONSE in Opposition to 77 MOTION for New Trial, filed by Ocwen Loan Servicing, LLC. (Attachments: # 1 Proposed Order)(Shirazi, Sahar) (Entered: 01/17/2020) |
| 01/18/2020 | 83 | Unopposed MOTION for Marc D. Cabrera to Withdraw as Attorney by Ocwen Loan Servicing, LLC, filed. Motion Docket Date 2/10/2020. (Attachments: # 1 Proposed Order)(Cabrera, Marc) (Entered: 01/18/2020) |
| 01/24/2020 | 84 | ORDER granting 83 Unopposed MOTION for Marc D. Cabrera to Withdraw as Attorney. Attorney Marc Daniel Cabrera is withdrawn. (Signed by Judge Alfred H Bennett) Parties notified.(gclair, 4) (Entered: 01/27/2020) |
| 08/13/2020 | 85 | ORDER denying 77 Motion for New Trial.(Signed by Judge Alfred H Bennett) Parties notified.(ledwards, 4) (Entered: 08/13/2020) |
| 09/16/2020 | 86 | NOTICE of attorney substitution by Internal Revenue Service, UNITED STATES OF AMERICA, United States of America, Department of the Treasury. Attorney Chad W Cowan added. Attorney Andrea Elaine Belgau terminated, filed. (Cowan, Chad) (Entered: 09/16/2020) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 04/20/2024 17:34:07 |
LOT 65 (2119) SCHEDULED FOR AUCTION AGAIN IN MAY 2024
LOT 64 (2123) SOLD BY AUCTION IN 2021
Foreclosure Attorney and Auctioneer for AVT/MW, Nicola Shiels departs MW and heads over to CITI.
Lord, @LockeLord we hope you were prayin’ with the Catholic Bandit @DallasCath and maybe zoomed in @Pontifex for your sins against Humanity. Await the Hail Mary of responses from LIT’s investigation into your conspiracy to steal citizens and family homes very soon, stay tuned… pic.twitter.com/OijQAzjDm7
— lawsinusa (@lawsinusa) April 17, 2024
INTERVENOR-PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE’S MOTION TO INTERVENE
(by Feb. 2024 Auctioneers aka Mackie Wolf and ALSO Expedited Foreclosure Counsel for DBNTCO in 2023)
APR 13, 2017 | REPUBLISHED BY LIT: APR 21, 2024
COMES NOW Intervenor-Plaintiff Deutsche Bank National Trust Company, as Trustee, in Trust for Registered Holders of Long Beach Mortgage Loan Trust 2006-7, Asset-Backed Certificates, Series 2006-7 (“Deutsche Bank”) and pursuant to Federal Rule of Civil Procedure 24 respectfully requests that the Court grant its Motion to Intervene and for its Original Petition to become part of the record of this cause, and in support respectfully shows the Court:
I. STATUS OF PLEADINGS
1. On February 6, 2017, David L. Glassel (“Glassel”) filed Plaintiffs Original Pettition [sic] to Quiet Title and Request for Temporary Restraining Order, thereby opening cause number 17-02-01580 in the 244th Judicial District of Montgomery County, Texas.
Glassel alleges that Defendant Ocwen Loan Servicing, LLC violated certain constitutional and statutory requirements in the origination of a loan on Glassel’s “residential and business homestead in Montgomery County with a legal description of:
Lot Sixty-Four (64), and Lot Sixty Five (65) in Block Three (3) of Spring Forest Section One” Lots Sixty-Four and Sixty-Five, respectively…
known as 2123 Old Ox Road and 2119 Old Ox Road, are distinct properties subject to distinct loan agreements owned by distinct entities.
Deutsche Bank is the holder and beneficiary of the
Note and Security Instrument related to 2119 Old Ox Road.
Deutsche Bank is not currently a party to this cause.
Deutsche Bank seeks to intervene in this cause and assert claims against Glassel to foreclose on 2119 Old Ox Road because of Glassel’s default under the terms of the Note and Security Instrument.
II. ARGUMENT AND REQUEST FOR RELIEF
A. Intervention as a Matter of Right
2. Federal Rule of Civil Procedure 24(a) allows a movant who “claims an interest relating to the property or transaction that is the subject of the action, and is so situated that disposing of the action may as a practical matter impair or impede the movant’s ability to protect its interest, unless existing parties adequately represent that interest,” to intervene in the action as a matter of right.
FED. R. CIV. P. 24(a). Deutsche Bank may intervene as of right under Rule 24 because Deutsche Bank has an interest in a property made subject to this action and Deutsche Bank’s ability to protect that interest may be impeded by disposition of this action.
3. This case involves a dispute over loans taken out by Glassel and secured by the equity in two contiguous but distinct properties:
2119 Old Ox Road
and
2123 Old Ox Road.
On June 9, 2006, Glassel executed a Texas Home Equity Security Note for a $204,000.00 loan that encumbered 2119 Old Ox Road.
(Exhibits B & C.)
The original lender on the Note was Long Beach Mortgage Company
(Exhibits B & C.)
The Note and Security Instrument were subsequently transferred to Deutsche Bank.
(Exhibit D.)
On August 22, 2006, Glassel executed a Deed of Trust with GreenPoint Mortgage Funding, Inc. as lender, securing a $168,000.00 loan with an interest in 2123 Old Ox Road.
(Exhibit E.)
4. Glassel’s claim that the lenders committed a “loan stacking violation” by encumbering Glassel’s property with multiple home equity loans rests on the disingenuous presumption that 2123 Old Ox Road and 2119 Old Ox Road are one and the same property.
See Pl.’s Original Pet.
Glassel conflates 2119 Old Ox Road with 2123 Old Ox Road to assert that the loan agreements at issue were constitutionally and statutorily invalid, and that somehow the lenders owe Glassel money and are barred from foreclosing.
See Pl.’s Original Pet.
Therefore Deutsche Bank’s interest in 2119 Old Ox Road directly relates to Glassel’s claims in this action.
5. The current parties to this action do not adequately protect Deutsche Bank’s interest in 2119 Old Ox Road.
Glassel seeks a declaration that, despite Glassel’s admitted default, Glassel owes no debt on the property or properties at issue and foreclosure is constitutionally barred.
See Pl.’s Original Pet.
Defendant Ocwen Loan Servicing, LLC, as the loan servicer, has an interest in 2123 Old Ox Road.
Deutsche Bank seeks to protect its interest in 2119 Old Ox Road and to foreclose on that property.
No current party to this action can protect Deutsche Bank’s interest.
6. In its Original Complaint, Deutsche Bank seeks an order of foreclosure on the loan secured by 2119 Old Ox Road.
(Exhibit A.)
Deutsche Bank thus has a clear interest in the subject property that could be affected by a judgment in this cause.
If Glassel prevails in his claims, Deutsche Bank, as the current holder and beneficiary of the loan agreement secured by 2119 Old Ox Road, may lose its interest in the property.
Accordingly, Deutsche Bank seeks to intervene in this cause as a matter of right pursuant to Federal Rule of Civil Procedure 24(a).
B. Permissive Intervention
7. Alternatively and without waiving its foregoing argument, Deutsche Bank seeks to intervene in this cause with the Court’s permission pursuant to Federal Rule of Civil Procedure Rule 24(b).
That Rule provides that the Court may permit a party to intervene when that party “has a claim or defense that shares with the main action a common question of law or fact.”
FED. R. CIV. P. 24(b)(1)(B).
8. Deutsche Bank’s claims directly relate to the claims at issue in this cause.
Deutsche Bank’s interest will be affected by a judgment in this cause because it is the holder of the Note and Security Instrument on 2119 Old Ox Road—that is, the Lot Sixty-Five that Glassel implies is united with Lot Sixty-Four (2123 Old Ox Road) as one “residential and business homestead.”
Pl.’s Original Pet. at ¶ 5. (See Exhibit D.)
There are common questions of law and fact in Deutsche Bank’s Original Complaint attached as Exhibit A and Glassel’s claims against the property or properties and the lenders who hold interests in those properties include .
See Pl.’s Original Pet.
Those questions of law include whether the liens on the property or properties are valid and whether the lenders have the right to foreclose.
III. PRAYER
WHEREFORE, PREMISES CONSIDERED, Deutsche Bank respectfully requests that the Court grant its Motion to Intervene and grant that Deutsche Bank’s Complaint in Intervention, attached hereto as Exhibit A, become part of the official record of the above- numbered and styled cause, and grant Deutsche Bank any other relief, whether at law or in equity, to which it is justly entitled.
Respectfully submitted,
By: /s/ Mark D. Cronenwett
MARK D. CRONENWETT
Texas Bar No. 00787303
Southern District Bar No. 21340
mcronenwett@mwzmlaw.com
MACKIE WOLF ZIENTZ & MANN, P. C.
14160 North Dallas Parkway, Suite 900
Dallas, TX 75254
Telephone: 214-635-2650
Facsimile: 214-635-2686
ATTORNEYS FOR INTERVENOR- PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR REGISTERED HOLDERS OF LONG BEACH MORTGAGE LOAN TRUST 2006-7, ASSET-BACKED CERTIFICATES, SERIES 2006-7’
CERTIFICATE OF CONFERENCE
I hereby certify that I conferred with Plaintiff’s counsel Larry A. Vick via email on April 11, 2017, and that Plaintiff opposes this Motion to Intervene.
/s/ Mark D. Cronenwett
MARK D. CRONENWETT
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument was served via ECF Notification on this 13th day of April, 2017, upon the following:
Larry A. Vick
Attorney at Law
10497 Town & Country Way,
Ste. 700 Houston, TX 77024
Attorney for Plaintiff
/s/ Mark D. Cronenwett
MARK D. CRONENWETT
Attached Exhibits:
A. Intervenor’s Original Complaint
B. 2119 Note
C. 2119 Security Instrument
D. 2119 assignment(s)
E. 2123 Deed of Trust
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First, predatory lending has not been recognized as a cause of action in any court in Texas, says counsel Dykema, a Texas Foreclosure Mill.
The Time To Collect On This Mortgage Has Expired: It’s a Nullity Under Texas Law
Res judicata does not operate as a bar to litigation when the second claim could not be raised in the previous litigation
Criminal Acts: BDF and Hopkins Law Conspire with Lenders to Commit Fraud on the Court and Parties
The Greatest Theft of Citizens Homes has become an Egregious Vendetta by Lawyers and the Judiciary against one homeowner, Joanna Burke.
Justice Meagan Hassan: Expert Witness to the Judiciary’s Elder Abuse and Persecution of Joanna Burke
Evidence from the Morlock Case Mirrors Joanna Burke’s Situation, Yet the Judiciary Pushes for Unlawful Foreclosure and Litigation Preclusion.
Ronnie Nunn’s a Real Estate Investor: He Received a Free Home Worth $380k from the Texas Judiciary
Now Ronnie Nunn’s living in the $380k home as his main residence with Terri Ingram, and the ex-wife’s put a judgment lien on the property.
Indymac Loan: Stranger to the Note and Property, Amy Powell Receives Free $800k Home From Texas Judiciary
Amy Powell has been officially recognized as the owner of a property by Texas courts, which ruled the mortgage claim as time-barred.
Against All Odds: Elizabeth Callan Received a Mortgage-Free Home from Deutsche Bank
Eventually, Every Outlaw Agreed Deutsche Bank Didn’t Universally Abandon Acceleration, Except Deutsche Bank, who Released the Original Loan.
CFPB’s Advisory that Time-Barred Debts Cannot Be Pursued and Non Judicial Foreclosures Threatened
CFPB advises that time-barred foreclosure debt is strictly off-limits for collection by foreclosure mill lawyers and debt collectors.
Ten Buck Bandit: Lawyer Silvia Mintz Files Fraudulent Legal Docs in Harris County Real Property Records
This article will be updated once the foreclosure trustee deed is (or isn’t) posted in real property records.
