LIT UPDATE & COMMENTARY
DEC 2, 2024
202483598 – MASS, IEISHA vs. WELLS FARGO BANK, NA AS TRUSTEE FOR OPTION ONE MOR (Court 190)
| Case (Cause) Number | Style | File Date | Court | Case Region | Type Of Action / Offense | |
|---|---|---|---|---|---|---|
| 202483598- 7 Active – Civil |
MASS, IEISHA vs. WELLS FARGO BANK NA (AS TRUSTEE FOR OPTION ONE MOR | 11/27/2024 | 190 | Civil | Other Property | |
| 202428811- 7 Disposed (Final) |
MASS, IEISHA vs. WELLS FARGO BANK NA (AS TRUSTEE FOR OPTION ONE MORTGAGE |
5/6/2024 | 011 | Civil | OTHER CIVIL | |
| 202156535- 7 Disposed (Final) |
MASS, IEISHA vs. WELLS FARGO BANK N A | 9/2/2021 | 234 | Civil | Other Property | |
| 201165550- 7 Disposed (Final) |
MASS, IEISHA vs. WELLS FARGO BANK N A (AS TRUSTEE FOR OPTION ONE MO |
10/27/2011 | 270 | Civil | DECLARATORY JUDGMENT |
202483598 –
MASS, IEISHA vs. WELLS FARGO BANK, NA
NOV 27, 2024
DEC 2, 2024
Date of last update/visit by LIT
The Gov. cleanup continues. Bookmark for updates.
LIT continues to show the citizens of Texas, USA n’ the world how one man with a law degree who is a thief can continue to operate as a lawyer in the USA with the protection of the State of Texas and US Gov. to cover up the Greatest Theft of Citizens Homes in American History. pic.twitter.com/eMQbSm6OXS
— lawsinusa (@lawsinusa) November 27, 2024
Mass v. Wells Fargo Bank, National Association
as Trustee for Option One Mortgage Loan Trust 2005-4, Asset-Backed Certificates, Series 2005-4
(4:24-cv-01785)
District Court, S.D. Texas, Judge Hoyt Judge Werlein, Jr.
MAY 13, 2024
MAY 19, JUN 5, JUL 22,
AUG 14, 19 2024
Noted: Judge Werlein randomly assigned as Judge Hoyt departs (self recusal).
Date of last update/visit by LIT
LIT: Why not with prejudice on res judicata grounds?
Tyler v. PHH Mortg. Servs., 3:24-cv-1597-K-BN, at *6 (N.D. Tex. July 3, 2024)
(“The Court should sua sponte dismiss this lawsuit with prejudice as barred by res judicata.”)
Tyler v. PHH Mortg. Servs., 3:24-cv-1597-K-BN, at *4 (N.D. Tex. July 3, 2024)
(“Here, the defendants have pleaded res judicata in their answer filed in state court. See Dkt. No. 1-9. But, although the defendants have not moved to dismiss, governing law “permits ‘[d]ismissal by the court sua sponte on res judicata grounds … in the interest of judicial economy where both actions were brought before the same court.’”
McIntyre v. Ben E. Keith Co., 754 Fed.Appx. 262, 264-65 (5th Cir. 2018) (per curiam) (quoting Mowbray v. Cameron Cnty., 274 F.3d 269, 281 (5th Cir. 2001)).
“The preclusive effect of a prior federal court judgment is controlled by federal res judicata rules.”
Ellis v. Amex Life Ins. Co., 211 F.3d 935, 937 (5th Cir. 2000) (citations omitted); accord Meza v. Gen. Battery Corp., 908 F.2d 1262, 1265 (5th Cir. 1990).”)
+++
ORDER TO SHOW CAUSE. ORDERED that Plaintiff, within ten (10) days after the entry of this Order, shall file a response to show cause, if any exists, why this case should not be dismissed without prejudice for want of prosecution.
If Plaintiff chooses not to respond, the Court will dismiss this case without prejudice.
Show Cause Response due by 8/26/2024.
(Signed by Judge Ewing Werlein, Jr) Parties notified. (mf4) (Entered: 08/16/2024)
Based on non-appearance at Initial Conf.
Minute Entry for proceedings held before Judge Ewing Werlein, Jr. RULE 16 SCHEDULING CONFERENCE held on 8/16/2024.
Pro Se Plaintiff Ieisha Mass although duly notified of the hearing failed to appear.
It is ORDERED that within ten (10) days after the entry of this Order, Plaintiff shall file a response to show cause, if any exists, why this cause of action should not be dismissed without prejudice for want of prosecution.
Appearances: Stephanie Sepulveda for Dft. Law Clerk: J. Summers (Court Reporter: Ed Reed), filed. (mf4) (Entered: 08/16/2024)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:24-cv-01785
| Mass v. Wells Fargo Bank, National Association as Trustee for Option One Mortgage Loan Trust 2005-4, Asset-Backed Certificates, Series 2005-4 Assigned to: Judge Ewing Werlein, Jr
Cause: 28:1446 Notice of Removal |
Date Filed: 05/13/2024 Jury Demand: None Nature of Suit: 190 Contract: Other Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 08/14/2024 | 11 | MOTION to Dismiss Plaintiff’s Original Petition Pursuant to Fed. R. Civ. P. 12(b)(6) by Wells Fargo Bank, National Association as Trustee for Option One Mortgage Loan Trust 2005-4, Asset-Backed Certificates, Series 2005-4, filed. Motion Docket Date 9/4/2024. (Attachments: # 1 Proposed Order Granting Defendant’s Motion to Dismiss Plaintiff’s Original Petition Pursuant to Fed. R. Civ. P. 12(b)(6)) (Sepulveda, Stephanie) (Entered: 08/14/2024) |
| 08/16/2024 | 12 | Minute Entry for proceedings held before Judge Ewing Werlein, Jr. RULE 16 SCHEDULING CONFERENCE held on 8/16/2024. Pro Se Plaintiff Ieisha Mass although duly notified of the hearing failed to appear. It is ORDERED that within ten (10) days after the entry of this Order, Plaintiff shall file a response to show cause, if any exists, why this cause of action should not be dismissed without prejudice for want of prosecution. Appearances: Stephanie Sepulveda for Dft. Law Clerk: J. Summers (Court Reporter: Ed Reed), filed. (mf4) (Entered: 08/16/2024) |
| 08/16/2024 | 13 | ORDER TO SHOW CAUSE. ORDERED that Plaintiff, within ten (10) days after the entry of this Order, shall file a response to show cause, if any exists, why this case should not be dismissed without prejudice for want of prosecution. If Plaintiff chooses not to respond, the Court will dismiss this case without prejudice. Show Cause Response due by 8/26/2024. (Signed by Judge Ewing Werlein, Jr) Parties notified. (mf4) (Entered: 08/16/2024) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 08/19/2024 15:10:57 |
LIT: Judge Werlein is striking a motion to dismiss on May 20, 2024 that wasn’t answered by Mass (terminal) on procedural grounds, yet she was in agreement to delay the initial conference on June 3, resetting it to Aug. 16, 2024.
ORDER Striking Document RE: 5 Motion to Dismiss, filed by Wells Fargo Bank, National Association as Trustee for Option One Mortgage Loan Trust 2005-4, Asset-Backed Certificates, Series 2005-4.
The Certificate of Service on this motion certifies electronic compliance with the federal and local rules.
However, at the time of the filing of this motion, an appearance of counsel for Plaintiff had not been made, and there is no showing that Plaintiff Mass, pro se, has access to the electronic filing system.
Therefore, service of this motion is not shown to have been properly served on Plaintiff in compliance with federal and local rules.
See Fed. R. Civ. P. 5(b) (2) and L.R. 5.5.
(Signed by Judge Ewing Werlein, Jr)
Parties notified. (mf4) (Entered: 08/13/2024)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:24-cv-01785
| Mass v. Wells Fargo Bank, National Association as Trustee for Option One Mortgage Loan Trust 2005-4, Asset-Backed Certificates, Series 2005-4 Assigned to: Judge Ewing Werlein, Jr
Cause: 28:1446 Notice of Removal |
Date Filed: 05/13/2024 Jury Demand: None Nature of Suit: 190 Contract: Other Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 08/13/2024 | 9 | JOINT DISCOVERY/CASE MANAGEMENT PLAN by Wells Fargo Bank, National Association as Trustee for Option One Mortgage Loan Trust 2005-4, Asset-Backed Certificates, Series 2005-4, filed. (Sepulveda, Stephanie) (Entered: 08/13/2024) |
| 08/13/2024 | 10 | ORDER Striking Document RE: 5 Motion to Dismiss, filed by Wells Fargo Bank, National Association as Trustee for Option One Mortgage Loan Trust 2005-4, Asset-Backed Certificates, Series 2005-4. The Certificate of Service on this motion certifies electronic compliance with the federal and local rules. However, at the time of the filing of this motion, an appearance of counsel for Plaintiff had not been made, and there is no showing that Plaintiff Mass, pro se, has access to the electronic filing system. Therefore, service of this motion is not shown to have been properly served on Plaintiff in compliance with federal and local rules. See Fed. R. Civ. P. 5(b) (2) and L.R. 5.5.(Signed by Judge Ewing Werlein, Jr) Parties notified. (mf4) (Entered: 08/13/2024) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 08/14/2024 07:41:11 |
ORDER Granting 7 Agreed MOTION for Continuance of
The June 14, 2024
Initial Pre-Trial and Scheduling Conference.
Initial Conference is RESET to
8/16/2024 at 03:30 PM
in Room 11521 before Judge Ewing Werlein, Jr.(Signed by Judge Ewing Werlein, Jr) Parties notified. (mf4) (Entered: 06/04/2024)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:24-cv-01785
| Mass v. Wells Fargo Bank, National Association as Trustee for Option One Mortgage Loan Trust 2005-4, Asset-Backed Certificates, Series 2005-4 Assigned to: Judge Ewing Werlein, Jr
Cause: 28:1446 Notice of Removal |
Date Filed: 05/13/2024 Jury Demand: None Nature of Suit: 190 Contract: Other Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 05/20/2024 | 5 | MOTION to Dismiss Plaintiff’s Original Petition Pursuant to Fed. R. Civ. P. 12(b)(6) by Wells Fargo Bank, National Association as Trustee for Option One Mortgage Loan Trust 2005-4, Asset-Backed Certificates, Series 2005-4, filed. Motion Docket Date 6/10/2024. (Attachments: # 1 Proposed Order) (Rubio, Jose) (Entered: 05/20/2024) |
| 05/28/2024 | 6 | CORPORATE DISCLOSURE STATEMENT by Wells Fargo Bank, National Association as Trustee for Option One Mortgage Loan Trust 2005-4, Asset-Backed Certificates, Series 2005-4 identifying Wells Fargo and Company as Corporate Parent, filed. (Rubio, Jose) (Entered: 05/28/2024) |
| 06/03/2024 | 7 | Agreed MOTION for Continuance of The June 14, 2024 Initial Pre-Trial and Scheduling Conference by Wells Fargo Bank, National Association as Trustee for Option One Mortgage Loan Trust 2005-4, Asset-Backed Certificates, Series 2005-4, filed. Motion Docket Date 6/24/2024. (Attachments: # 1 Proposed Order Granting Parties’ Agreed Motion to Continue the June 14, 2024 Initial Pre-Trial and Scheduling Conference) (Sepulveda, Stephanie) (Entered: 06/03/2024) |
| 06/04/2024 | 8 | ORDER Granting 7 Agreed MOTION for Continuance of The June 14, 2024 Initial Pre-Trial and Scheduling Conference. Initial Conference is RESET to 8/16/2024 at 03:30 PM in Room 11521 before Judge Ewing Werlein, Jr.(Signed by Judge Ewing Werlein, Jr) Parties notified. (mf4) (Entered: 06/04/2024) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 06/05/2024 12:31:30 |
Corporate Disclosure Statement
Motion to Dismiss
ORDER OF RECUSAL.
Judge Kenneth M Hoyt recused.
Case reassigned to Judge Ewing Werlein, Jr for all further proceedings.
(Signed by Judge Kenneth M Hoyt) Parties notified. (glc4) (Entered: 05/16/2024)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:24-cv-01785
| Mass v. Wells Fargo Bank, National Association as Trustee for Option One Mortgage Loan Trust 2005-4, Asset-Backed Certificates, Series 2005-4 Assigned to: Judge Ewing Werlein, Jr
Cause: 28:1446 Notice of Removal |
Date Filed: 05/13/2024 Jury Demand: None Nature of Suit: 190 Contract: Other Jurisdiction: Diversity |
| Plaintiff | ||
| Ieisha Mass | represented by | Ieisha Mass 9514 Woodcliff Lake Dr. Spring, TX 77379 2817363492 PRO SE |
| V. | ||
| Defendant | ||
| Wells Fargo Bank, National Association as Trustee for Option One Mortgage Loan Trust 2005-4, Asset-Backed Certificates, Series 2005-4 | represented by | Stephanie Sepulveda Dykema Gossett, PLLC 1401 McKinney St., Suie 1625 Houston, TX 77010 956-220-7129 Email: ssepulveda@dykema.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 05/13/2024 | 1 | NOTICE OF REMOVAL from 11th Judicial District Court- Harris County, case number 202428811 (Filing fee $ 405 receipt number ATXSDC-31609338) filed by Wells Fargo Bank, National Association as Trustee for Option One Mortgage Loan Trust 2005-4, Asset-Backed Certificates, Series 2005-4. (Attachments: # 1 Appendix, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9) (Sepulveda, Stephanie) (Entered: 05/13/2024) |
| 05/16/2024 | 2 | ORDER OF RECUSAL. Judge Kenneth M Hoyt recused. Case reassigned to Judge Ewing Werlein, Jr for all further proceedings. (Signed by Judge Kenneth M Hoyt) Parties notified. (glc4) (Entered: 05/16/2024) |
| 05/16/2024 | 3 | NOTICE of Reassignment. Parties notified, filed. (glc4) (Entered: 05/16/2024) |
| 05/16/2024 | 4 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 6/14/2024 at 02:30 PM in Room 11521 before Judge Ewing Werlein, Jr. (Signed by Judge Ewing Werlein, Jr) Parties notified. (mf4) (Entered: 05/16/2024) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 05/19/2024 12:25:36 |
Warning @USPS @USPSHelp Houston:
There’s a Court Pirate Named H Lerma.
Are Y’all Gonna Have to Review Your Security Footage Before Bringing Criminal Charges?
Date and Time: Nov. 15, 2024 at 9.06 AM.
9481730109355000137813https://t.co/1MbE8gY1fg pic.twitter.com/9Geegd3wz9— lawsinusa (@lawsinusa) November 25, 2024
202428811 –
MASS, IEISHA vs. WELLS FARGO BANK NA
(AS TRUSTEE FOR OPTION ONE MORTGAGE
MAY 6, 2024
How did Mass obtain $65k from Texas Homeowners Assistance Fund during the 11 month Pandemic towards rent payments on a loan of $228k?
“Financial hardship means a material reduction in income or material increase in living expenses
associated with the coronavirus pandemic that has created or increased a risk of mortgage
delinquency, mortgage default, foreclosure, loss of utilities or home energy services, or
displacement for a homeowner.”
LIT SWINGS BACK AROUND, POST JUDGMENT
Homeowner Ieisha Mass’s foreclosure case ended Jan. 6, 2022. As at Oct. 31, 2022, she’s 297 days post judgment and the property is still in her name with no sign of an auction.
OCT 31, 2022
| 202027222- 7 Ready Docket |
GLEANNLOCH FARMS COMMUNITY ASSOCIATION INC vs. MASS, IEISHA | 5/1/2020 | 113 | Civil | Foreclosure – Other | |
| 200725477- 7 Disposed (Final) |
MASSIVE ENTERPRISES L L C (DBA WASHING W vs. TEXAS LAUNDRY SERVICE COMPANY |
4/25/2007 | 127 | Civil | DTPA-DECEPTIVE TRADE PRACTICE | |
| 200658517- 7 Disposed (Final) |
KLEIN INDEPENDENT SCHOOL DISTRICT vs. MASS, IEISHA | 9/15/2006 | 152 | Civil | Tax Delinquency |
| 202156535- 7 Disposed (Final) |
MASS, IEISHA vs. WELLS FARGO BANK N A | 9/2/2021 | 234 | Civil | Other Property | |
| 201165550- 7 Disposed (Final) |
MASS, IEISHA vs. WELLS FARGO BANK N A (AS TRUSTEE FOR OPTION ONE MO |
10/27/2011 | 270 | Civil | DECLARATORY JUDGMENT | |
| 200725477- 7 Disposed (Final) |
MASSIVE ENTERPRISES L L C (DBA WASHING W vs. TEXAS LAUNDRY SERVICE COMPANY | 4/25/2007 | 127 | Civil | DTPA-DECEPTIVE TRADE PRACTICE |
The Anticipated Judgment by Snr. Judge Simeon Lake III
The federal judge sinks homeowner Ieisha Mass’s wrongful foreclosure case as presented by her questionable foreclosure defense lawyers.
JAN 6, 2022 | REPUBLISHED BY LIT: JAN 7, 2022
LIT would normally transcribe the Order but for the reason shown in the video, namely childishness by the court, they have intentionally scanned the order, thus rendering it impossible to do so.
Update: Dec. 24, 2021
Mass v. Wells Fargo Bank, N.A.
(4:21-cv-02962)
District Court, S.D. Texas
SEP 10, 2021 | REPUBLISHED BY LIT: SEP 23, 2021
It’s early stages for Ieisha, who’s up against Dykema and Wells Fargo and before Judge Sim Lake in S.D. Texas Federal Court after removal. Her selected lawyers have never won a homeowner any meaningful relief in Texas Federal Court either, how can you when no homeowner is allowed to defeat a bank in foreclosure. Bookmark this page for updates.
How many foreclosure cases have been unlawfully removed from state court that were subject to the federal court’s own sua sponte verification that it had jurisdiction over proceedings, yet judges would continue to retain the case on their dockets despite a lack of jurisdiction?
— lawsinusa (@lawsinusa) December 1, 2024
Vilt and Associates – Stop Foreclosure and Keep Your Home
This foreclosure defense law firm have a misleading advert which claims to have “saved” over 300 homes from foreclosure. We haven’t found a single home where these lawyers have won a case where the homeowner gets to “Keep Your Home” and this case is a prime example.
Indeed the homeowner submitted a comment on this page on January 4, 2022 asking that LIT take down this article as she most likely heard that her case was going to be dismissed after the cancelled conference which was to be heard on Jan. 7. On Jan 6, the order of foreclosure and dismissing her complaint was published on the docket.
The CFPB and the Texas Bar need to review and take the appropriate action against false and misleading advertising by professional lawyers who are preying on homeowners and their fear.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:21-cv-02962
| Mass v. Wells Fargo Bank, N.A. Assigned to: Judge Sim Lake
Cause: 28:1441 Notice of Removal |
Date Filed: 09/10/2021 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Federal Question |
| Plaintiff | ||
| Ieisha Mass | represented by | Robert Clayton Vilt Vilt and Associates, 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 | ||
| Wells Fargo Bank, N.A. | represented by | Adam Ross Nunnallee Dykema Gossett PLLC 1717 Main St Ste 4200 Dallas, TX 75201 (214) 462-6400 Fax: (214) 462-6401 Email: ANunnallee@dykema.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDMeredith Sohaila Tavallaee Dykema Gossett PLLC Comerica Bank Tower 1717 Main St. Ste. 4200 Dallas, TX 75201 214-698-7831 Email: mtavallaee@dykema.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 09/10/2021 | 1 | NOTICE OF REMOVAL from 234th JDC Harris County, case number 2021-56535 (Filing fee $ 402 receipt number 0541-27028751) filed by Wells Fargo Bank, N.A., as Trustee. (Attachments: # 1 Exhibit)(Nunnallee, Adam) (Entered: 09/10/2021) |
| 09/16/2021 | 2 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/7/2022 at 03:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4) (Entered: 09/16/2021) |
| 09/16/2021 | 3 | CERTIFICATE OF INTERESTED PARTIES by Ieisha Mass, filed.(Vilt, Robert) (Entered: 09/16/2021) |
| 09/16/2021 | 4 | DESIGNATION OF EXPERT WITNESS LIST by Ieisha Mass, filed. (Attachments: # 1 Exhibit Resume of Robert Vilt)(Vilt, Robert) (Entered: 09/16/2021) |
| 09/16/2021 | 5 | INITIAL DISCLOSURES by Ieisha Mass, filed.(Vilt, Robert) (Entered: 09/16/2021) |
| 09/16/2021 | 6 | NOTICE of Appearance by Meredith Tavallaee on behalf of Wells Fargo Bank, N.A., filed. (Tavallaee, Meredith) (Entered: 09/16/2021) |
| 09/17/2021 | 7 | MOTION to Dismiss 1 Notice of Removal DEFENDANTS MOTION TO DISMISS ORIGINAL PETITION AND BRIEF IN SUPPORT by Wells Fargo Bank, N.A., filed. Motion Docket Date 10/8/2021. (Attachments: # 1 Exhibit)(Nunnallee, Adam) (Entered: 09/17/2021) |
