LIT COMMENTARY & UPDATE
JUN 1, 2024
The lawsuit by widower Carol Freeman involves the Texas Constitution and Texas Statutes… “Tex. Gov’t Code 22.001(a)(6).
Section 51.903 of the Government Code provides an avenue of statutory relief for owners from fraudulent liens and claims made against their property.
Disclaimer: LIT has published Ms. Freeman’s complaint and email without any independent investigation or assessment into the claims made and takes no position on her lawsuit.
Well, that’s what we should say (wink).
It’s pretty clear from the lawsuit and reading Ms. Coleman’s allegations against Judge Manor are real and true and we’ve provided a copy of Tex. Govt Code 51.903 which verifies her arguments as to how the proceedings “should” have gone, but didn’t.
In short, it only ratifies that Jeralynn Manor is an Outlaw in a Dirty Black Robe.
Former City of Houston water department manager is now in custody after being charged with abuse of official capacity, tampering with documents. https://t.co/66ccJdXsfU
— lawsinusa (@lawsinusa) May 31, 2024
202367942 –
FREEMAN, CAROL vs. LEVINE, BENJAMIN
OCT 2, 2023 | REPUBLISHED BY LIT: JUN 1, 2024
JUN 1, 2024
Above is the date LIT Last updated or visited this article.
This is case 2023-67942, Freeman, Carol v. Levine, Benjamin and Julie.
All the filings are there.
This is case of Fraudulent Real Property Transfer pursuant to SPECIAL Texas Statute Tex. Govt Code 51.903 where a Fraudulent Lien or Claim to Transfer Property was filed in the HC County Clerk Real Property Office.
The Statute is IS VERY SPECIFIC–IT IS EX-PARTE in favor of the Movant.
More on why I asked Judge Englehardt’s Office to consider his recusal and he quickly did, think his wife Eva and a partner at Case and White.
What is comes down to, the Judge is up for re-election this year, and handles real estate cases, and now she gets to nudge a Title Company who committed Fraud and will get sued by the new owners, for sure.
Judge Manor, defies the motion which requires Findings of Fact and Conclusions of Law which was efiled, per the Statute.
Manor substitutes a her own Order and denied the motion without explanation.
Moreover, She delayed even reviewing it and then ignored the Statutory form eFiled of Findings of Fact and Conclusions of law and issued by issuing own Motion Denied without more.
I then filed a Motion for Reconsideration because I have this case dead to rights.
My Evidence -I preserved the 1998 letters from the City of Bellaire City Attorney and City Manager which states it does not own the land in Fee, the Grantor in Fee is unknown to the City which used the private 5 foot alley for public water lines which it abandoned in 1994.
It Quitclaimed its interest, if any in 1995.
This was not a Grant in Fee.
The Benjamins changed the legal description on their last General Warranty Deed of 2007 adding they have the alley in Fee from the City of Bellaire—FRAUD.
Judge Manor then calls and says for me in on May 8, 2024 for oral argument.
Only in court do I find she called me not on the merits of the case but only to tell me she wants to hear from the Title Company.
(When I submitted Notice of Submission to get the case on the docket, I was told the Judge does not hear Oral Argument on the Submission Docket. Her staff had asked me when setting the hearing–“Are you sure you want this Ex Parte?).
That day, the Judge was hearing plenty of cases on the Submission docket and left me to dead last.
This took me for a loop.
The Judge did not discuss the case and told me this is not a Lien case.
I told the Judge this is a Claim case of Fraud.
The Judge tne move to she wants to hear from the Title Company. I told the Judge I sent all the documents to the Title Company and the Survey Company after my phone call to them, waited months before I filed this Motion when I did not hear from them.
Judge rinses and repeats, I want to hear from the Title Company—a small, woman owned company, Tradition Title.
So then I state to the judge I did not know there was such a Motion but I took this on advice of the HC Clerk’s Office who then sent me a letter with a copy of the form template lifted from Statute and a certified copy of the General Warranty Deed.
I tell her this is a special EX-PARTE motion under Tex. Govt Code 51.903 — and the Judge starts writing that down.
What?
The Judge never looked at anything because this motion starts out stating that “Pursuant to Tex Govt Code 51.903…..”
The Judge then mutters, that since the HC County Clerk told you this, I will review this.
That was on May 8.
I quickly efiled an amended motion which included my emails to the Title Company and to the Survey Company with the attachments of the same litany of supporting documents clearly shown on the emails.
I have not heard back from the Court.
How does one even file a timely appeal if this is limbo so I can get the Judge refusing to follow Texas Law because she decided this is not EX PARTE or even worse, she really did not look at the motion in the first place until I filed the Motion for Reconsideration because her order gave no reason for its denial.
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