Bankers

Blakeney Case Study: Select Portfolio Servicing Inc.’s Unique Bond With The #1 Foreclosure Mill in Texas

LIT analyzed how many foreclosure cases in Texas Federal Court with Select Portfolio Servicing Inc as the Plaintiff, not Defendant since 2022.

LIT COMMENTARY

MAY 12, 2024

In Flores, SDTX counsel for SPS is MACKIE WOLF ZIENTZ & MANN, P.C.

In Lorenz, WDTX counsel for SPS is MACKIE WOLF ZIENTZ & MANN, P.C.

In Collins, NDTX counsel for SPS is MACKIE WOLF ZIENTZ & MANN, P.C.

In Scott, WDTX counsel for SPS is MACKIE WOLF ZIENTZ & MANN, P.C.

In Blakeney, WDTX counsel for SPS is MACKIE WOLF ZIENTZ & MANN, P.C.

In Knowles, NDTX counsel for SPS is MACKIE WOLF ZIENTZ & MANN, P.C.

In Winckler, WDTX counsel for SPS is MACKIE WOLF ZIENTZ & MANN, P.C.

LIT scoured the federal case docket pertaining to mortgage servicer Select Portfolio Servicing, Inc., (SPS) since 2022 and we found the following cases;

Select Portfolio Servicing, Inc. v. Flores, SDTX

Select Portfolio Servicing, Inc. v. Lorenz, WDTX

Select Portfolio Servicing Inc v. Collins, NDTX

Select Portfolio Servicing, Inc. v. Scott, WDTX

Select Portfolio Servicing, Inc. v. Blakeney, WDTX

Select Portfolio Servicing, Inc. v. Knowles, NDTX

Select Portfolio Servicing, Inc v. Winckler, WDTX

A relevant example of a consumer-homeowner-driven complaint against SPS is:

Blackburn v. Select Portfolio Servicing, Inc., EDTX provides an example of “nominal” substitute trustee argument, which is absurd based on the case study above.

Select Portfolio Servicing, Inc. v. Blakeney

(5:23-cv-00757)

District Court, W.D. Texas

JUN 14, 2023 | REPUBLISHED BY LIT: MAY 12, 2024

PACER chargin’ for downloads and refusing to display them…we’ll try again later…

ORDER GRANTING JOINT STIPULATION OF DISMISSAL WITHOUT PREJUDICE re 26 Stipulation of Dismissal filed by Select Portfolio Servicing, Inc.,

The Court GRANTS the Joint Stipulation and hereby dismisses without prejudice all claims that have been brought in this suit against Defendants Kimberly Blakeney and Jennifer Rader.

This dismissal will not act to abandon Plaintiffs acceleration of the subject mortgage loan.

Signed by Judge Xavier Rodriguez. (wg) (Entered: 03/15/2024)

U.S. District Court [LIVE]
Western District of Texas (San Antonio)
CIVIL DOCKET FOR CASE #: 5:23-cv-00757-XR

Select Portfolio Servicing, Inc. v. Blakeney et al
Assigned to: Judge Xavier Rodriguez
Cause: 28:1332 Diversity-Declaratory Judgement
Date Filed: 06/14/2023
Date Terminated: 03/15/2024
Jury Demand: Defendant
Nature of Suit: 290 Real Property: Other
Jurisdiction: Diversity
Plaintiff
Select Portfolio Servicing, Inc. represented by Cheyenne Haley
Mackie Wolf Zientz & Mann, P.C.
14160 N. Dallas Parkway
Ste 900
Dallas, TX 75254
817-991-7755
Email: chaley@mwzmlaw.com
ATTORNEY TO BE NOTICEDSarah Elizabeth Sibley
Ford Bergner LLP
Litigation
700 Louisiana Street, 48th Floor
Houston, TX 77002
713-260-3926
Fax: 713-260-3903
Email: ssibley@fordbergner.com
ATTORNEY TO BE NOTICEDMark Douglas Cronenwett
Mackie Wolf Zientz & Mann, P.C.
14160 N. Dallas Parkway, Suite 900
Dallas, TX 75254
214-635-2650
Fax: 214-635-2686
Email: mcronenwett@mwzmlaw.com
ATTORNEY TO BE NOTICED
V.
Defendant
Kimberly Blakeney represented by Kimberly Blakeney
516 Erna Drive
Converse, TX 78109
(210) 487-8746
PRO SE
Defendant
Jennifer Rader represented by Jennifer Rader
516 Erna Drive
Converse, TX 78109
(210) 602-4879
PRO SE

 

Date Filed # Docket Text
08/31/2023 11 NON-CONSENT to Trial by US Magistrate Judge by Select Portfolio Servicing, Inc.. (Cox, Sarah) (Entered: 08/31/2023)
08/31/2023 12 Rule 26(f) Discovery Report/Case Management Plan (Joint), by Select Portfolio Servicing, Inc.. (Cox, Sarah) (Entered: 08/31/2023)
08/31/2023 13 Scheduling Recommendations (Agreed), by Select Portfolio Servicing, Inc.. (Cox, Sarah) (Entered: 08/31/2023)
08/31/2023 14 CONSENT to proceed before a US Magistrate Judge by Jennifer Rader. (wg) (Entered: 09/01/2023)
08/31/2023 15 CONSENT to Proceed before a US Magistrate Judge by Kimberly Blakeney. (wg) (Entered: 09/01/2023)
09/01/2023 16 SCHEDULING ORDER, ( ADR Mediation Completed by 6/1/2024,, Amended Pleadings due by 11/1/2023,, Discovery due by 4/1/2024,, Joinder of Parties due by 11/1/2023,, Dispositive Motions due by 9/1/2024,, Jury Selection set for 1/21/2025 09:00AM before Judge Xavier Rodriguez,, Jury Trial set for 1/21/2025 09:00 AM before Judge Xavier Rodriguez,, Pretrial Conference set for 1/9/2025 10:30 AM before Judge Xavier Rodriguez,). Signed by Judge Xavier Rodriguez. (wg) (Entered: 09/05/2023)
09/01/2023 17 ORDER SETTING STATUS CONFERENCE AND HEARING ON ALL PENDING MOTIONS, ( Status Conference set for 10/5/2023 08:30 AM before Judge Xavier Rodriguez,). Signed by Judge Xavier Rodriguez. (wg) (Entered: 09/05/2023)
10/04/2023 18 MOTION for Leave to File Plaintiff’s First Amended Complaint, by Select Portfolio Servicing, Inc.. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Cox, Sarah) (Entered: 10/04/2023)
10/05/2023 19 AMENDED COMPLAINT against Kimberly Blakeney, Jennifer Rader amending 1 Complaint., filed by Select Portfolio Servicing, Inc..(wg) (Entered: 10/05/2023)
10/05/2023 20 Minute Entry for proceedings held before Judge Xavier Rodriguez: Status Conference held Via Video on 10/5/2023 (Minute entry documents are not available electronically.). (Court Reporter Gigi Simcox.)(wg) (Entered: 10/06/2023)
01/12/2024 21 NOTICE of Attorney Appearance by Cheyenne Haley on behalf of Select Portfolio Servicing, Inc. . Attorney Cheyenne Haley added to party Select Portfolio Servicing, Inc. (pty:pla) (Haley, Cheyenne) (Entered: 01/12/2024)
01/12/2024 22 REQUEST FOR ISSUANCE OF SUMMONS by Select Portfolio Servicing, Inc.. for Jennifer Geissler and Kimberly Blakeney (Attachments: # 1 Summons Request)(Haley, Cheyenne) (Entered: 01/12/2024)
01/12/2024 23 Summons Issued as to Kimberly Blakeney, Jennifer Rader. (wg) (Entered: 01/12/2024)
01/24/2024 24 SUMMONS Returned Executed by Select Portfolio Servicing, Inc.. Kimberly Blakeney served on 1/18/2024, answer due 2/8/2024. (Haley, Cheyenne) (Entered: 01/24/2024)
02/01/2024 25 SUMMONS Returned Executed by Select Portfolio Servicing, Inc.. Jennifer Rader served on 1/20/2024, answer due 2/12/2024. (Haley, Cheyenne) (Entered: 02/01/2024)
03/15/2024 26 STIPULATION of Dismissal , Joint by Select Portfolio Servicing, Inc.. (Attachments: # 1 Proposed Order)(Haley, Cheyenne) (Entered: 03/15/2024)
03/15/2024 27 ORDER GRANTING JOINT STIPULATION OF DISMISSAL WITHOUT PREJUDICE re 26 Stipulation of Dismissal filed by Select Portfolio Servicing, Inc., The Court GRANTS the Joint Stipulation and hereby dismisses without prejudice all claims that have been brought in this suit against Defendants Kimberly Blakeney and Jennifer Rader. This dismissal will not act to abandon Plaintiffs acceleration of the subject mortgage loan. Signed by Judge Xavier Rodriguez. (wg) (Entered: 03/15/2024)

 


 

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05/12/2024 11:57:31

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Blakeney Case Study: Select Portfolio Servicing Inc.’s Unique Bond With The #1 Foreclosure Mill in Texas
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