LIT UPDATE & COMMENTARY
OCT 29, 2024
On January 27, 2020, Federal Judge Kenneth Hoyt signed an order dismissing Prisock/Vilt and their client Chavez WITH PREJUDICE. The bank was represented by prominent foreclosure attorney Mark Douglas Cronenwett, now with Lewis Brisbois.
In early September 2024, activity was noted in the real property records concerning the defaulted home, which had been surprisingly sold—fully renovated—to Brenda L. Moore. Our investigation traced her business interests to Highlands, Texas, alongside her husband, Danny Moore.
Additionally, Justina DePasquale filed an “affidavit of correction,” claiming that an incorrect house number had been registered. The records also show a deed transferring the property to Brenda L. Moore for $10, though any additional “consideration” remains unclear.
Crucially, the real property records indicate no foreclosure occurred following the 2020 dismissal with prejudice, and there were no loan modifications or releases of the original $148k loan from the bank.
This situation highlights a concerning trend: the U.S. government appears to allow these unscrupulous bad actors to flip properties rather than returning them to the original homeowners, as seen in similar cases – but where they would be burdened with hefty loan modifications.
So what happened in the nearly 5 year stretch after dismissal by Judge Hoyt?
This was our teaser social media post. In this case, the property was not returned to the homeowner. Instead, the U.S. government allowed it to be flipped by the scammers, likely because it hadn’t been previously highlighted by LIT and was presumed to be under the radar. However, in many instances where we published similar cases, properties were deeded back to the original homeowners for just $10.
Ask Yourselves Citizens. What home-flipping business would buy a home for $10 bucks, spend tens of thousands of dollars renovating the property only to go and give it back to the original homeowner for $10?
We’ll be tellin y’all why n’ how LIT is a key component in this decision. pic.twitter.com/rLvp8twkye— lawsinusa (@lawsinusa) October 29, 2024
Chavez v. Branch Banking and Trust Company
(4:19-cv-03373)
District Court, S.D. Texas, Judge Kenneth Hoyt
AUG 28, 2019 | REPUBLISHED BY LIT: OCT 29, 2024
OCT 29 2024
Last update/visit by LIT – CASE DISMISSED WITH PREJUDICE on Jan. 27, 2020.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:19-cv-03373
| Chavez v. Branch Banking and Trust Company Assigned to: Judge Kenneth M Hoyt
Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 09/06/2019 Date Terminated: 01/27/2020 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Alice Marie Chavez | represented by | Robert Clayton Vilt Vilt and Associates – TX, P.C. 5177 Richmond Ave Ste 1142 Houston, TX 77056 713-840-7570 Fax: 713-877-1827 Email: clay@viltlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Branch Banking and Trust Company | represented by | Philip W Danaher Danaher Law Firm 833 SW Lemans Lane Suite 116 Lees Summit, MO 64082 817-791-4892 Email: philip@danaherlawfirm.com ATTORNEY TO BE NOTICEDMark Douglas Cronenwett Lewis Brisbois Bisgaard & Smith LLP 2100 Ross Ave Ste 2000 Dallas, TX 75201 214-722-7100 Email: mark.cronenwett@lewisbrisbois.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 09/06/2019 | 1 | NOTICE OF REMOVAL from District Court 269th Judicial District, Harris County, Texas, case number 2019-61303 (Filing fee $ 400 receipt number 0541-23127617) filed by Branch Banking and Trust Company. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Cronenwett, Mark) (Entered: 09/06/2019) |
| 09/13/2019 | 2 | Unopposed MOTION for Extension of Time to Respond to Plaintiff’s Original Petition by Branch Banking and Trust Company, filed. Motion Docket Date 10/4/2019. (Attachments: # 1 Proposed Order)(Danaher, Philip) (Entered: 09/13/2019) |
| 09/24/2019 | 3 | ORDER for Initial Pretrial and Scheduling Conference by Telephone and Order to Disclose Interested Persons. Counsel who filed or removed the action is responsible for placing the conference call and insuring that all parties are on the line. The call shall be placed to (713)250-5613. Telephone Conference set for 12/12/2019 at 08:45 AM before Judge Kenneth M Hoyt.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 09/24/2019) |
| 09/24/2019 | 4 | ORDER granting 2 Motion for Extension of Time; Answer due for Branch Banking and Trust Company 9/27/2019.(Signed by Judge Kenneth M Hoyt) Parties notified.(LoriPurifoy, 4) (Entered: 09/25/2019) |
| 10/01/2019 | 5 | Unopposed MOTION for Extension of Time (Second) to Respond to Plaintiff’s Original Petition by Branch Banking and Trust Company, filed. Motion Docket Date 10/22/2019. (Attachments: # 1 Proposed Order)(Danaher, Philip) (Entered: 10/01/2019) |
| 10/04/2019 | 6 | MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6), by Branch Banking and Trust Company, filed. Motion Docket Date 10/25/2019. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Danaher, Philip) (Entered: 10/04/2019) |
| 10/09/2019 | 7 | ORDER granting 5 Motion for Extension of Time; Answer due for Branch Banking and Trust Company 10/14/2019.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 10/09/2019) |
| 10/17/2019 | 8 | First AMENDED PETITION against Branch Banking and Trust Company filed by Alice Marie Chavez. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Vilt, Robert) (Entered: 10/17/2019) |
| 10/31/2019 | 9 | Unopposed MOTION for Extension of Time to Respond to Plaintiff’s First Amended Petition by Branch Banking and Trust Company, filed. Motion Docket Date 11/21/2019. (Attachments: # 1 Proposed Order)(Danaher, Philip) (Entered: 10/31/2019) |
| 11/06/2019 | 10 | ORDER granting 9 Motion for Extension of Time to Respond to the Plaintiff’s First Amended Complaint; Answer due for Branch Banking and Trust Company 11/13/2019.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 11/06/2019) |
| 11/13/2019 | 11 | ANSWER to 8 Amended Complaint/Counterclaim/Crossclaim etc. by Branch Banking and Trust Company, filed.(Danaher, Philip) (Entered: 11/13/2019) |
| 11/25/2019 | 12 | JOINT DISCOVERY/CASE MANAGEMENT PLAN by Branch Banking and Trust Company, filed.(Danaher, Philip) (Entered: 11/25/2019) |
| 12/12/2019 | 13 | INITIAL DISCLOSURES by Alice Marie Chavez, filed.(Vilt, Robert) (Entered: 12/12/2019) |
| 12/12/2019 | 14 | CERTIFICATE OF INTERESTED PARTIES by Alice Marie Chavez, filed.(Vilt, Robert) (Entered: 12/12/2019) |
| 12/12/2019 | 15 | DESIGNATION OF EXPERT WITNESS LIST by Alice Marie Chavez, filed. (Attachments: # 1 Exhibit Resume)(Vilt, Robert) (Entered: 12/12/2019) |
| 12/16/2019 | 16 | ORDER FOLLOWING TELEPHONE SCHEDULING CONFERENCE held on December 16, 2019 at 8:45 a.m. Appearances: Kerry Prisock Philip W Danaher. Initial Disclosures due by 12/13/2019. Discovery due by 7/31/2020. Dispositive Motion Filing due by 8/15/2020. Docket Call set for 10/5/2020 at 11:30 AM in Courtroom 11A before Judge Kenneth M Hoyt. Discovery may be extended by agreement of the parties without Court intervention. The dispositive motion deadline and docket call dates, however, may not be extended without leave of Court. Attorney’s fee applications are handled on the papers of the parties after notice. Expedited responses are required on all pretrial motions save dispositive motions. ETT: 10-12 hours. Jury trial. The defendants motion to dismiss, DE 6, is rendered moot by an amended pleading, DE 8. (Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 12/18/2019) |
| 01/24/2020 | 17 | STIPULATION of Dismissal with Prejudice by Alice Marie Chavez, filed. (Attachments: # 1 Proposed Order Order Granting Unopposed Stipulation of Dismissal with Prejudice)(Vilt, Robert) (Entered: 01/24/2020) |
| 01/27/2020 | 18 | ORDER OF DISMISSAL ON STIPULATION 17 . Case terminated on January 27, 2020. (Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 01/27/2020) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 10/29/2024 11:18:54 |
201961303 –
CHAVEZ, ALICE MARIE vs. BRANCH BANKING AND TRUST COMPANY
AUG 28, 2019 | REPUBLISHED BY LIT: OCT 29, 2024
OCT 29 2024
Last update/visit by LIT
$10 buck deed conveyance to Brenda L. Moore (Sep. 3, 2024)
Affidavit of Correction by bandit Pasquale (Sep. 3, 2024)
RPR Summary (Oct 29, 2024)
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