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Posted on
JUL 26, 2024 | REPUBLISHED BY LIT: DEC 11, 2024
Falconer case ends and then Capital Fund I from Arizona appear with familiar counsel and sue everyone. The upshot is they don’t have reliable title insurance providers who can confirm there’s secured debt recorded on a property before releasing $120k loan.
The loan was only for a yr, expiring Nov 2023, but they waited until the federal case ended for Falconer before suing. There’s also the small fact that Falconer et al have another LLC in the wings ready to extend the foreclosure drama for years. Fraud? Texas is the place to be.
Lis Pendens filed at HC RPR.
Objection to confirmation (Dec. 23 2024)
Suggestion of Bankruptcy (Dec. 16, 2024)
Sandra Nicely aka Falconer (24-35704)
United States Bankruptcy Court, S.D. Texas
Capital Fund I, LLC v. HSBC Bank USA (4:24-cv-02800)
District Court, S.D. Texas
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:24-cv-02800
| Capital Fund I, LLC v. HSBC Bank USA et al Assigned to: Judge Keith P Ellison
Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 07/26/2024 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Capital Fund I, LLC | represented by | Kent Melvin Hanszen Hanszen Laporte 14201 Memorial Drive Houston, TX 77079 713-522-9444 Email: khanszen@hanszenlaporte.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDAlexandra Elizabeth Pierce Hanszen Laporte, LLP 14201 Memorial Drive Houston, TX 77079 713-828-0438 Email: apierce@hanszenlaporte.com ATTORNEY TO BE NOTICEDAnthony Laurent Laporte Hanszen Laporte LLP 14201 Memorial Dr Houston, TX 77079 713-522-9444 Fax: 713-524-2580 Email: alaporte@hanszenlaporte.com ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| HSBC Bank USA | 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 NOTICEDMatthew K Hansen Locke Lord LLP 2200 Ross Ave Suite 2800 Dallas, TX 75201-6776 214-740-8496 Email: mkhansen@lockelord.com ATTORNEY TO BE NOTICEDHelen Onome Turner Locke Lord LLP 600 Travis Street Ste 2800 Houston, TX 77002 713-226-1280 Fax: 713-229-2501 Email: helen.turner@lockelord.com ATTORNEY TO BE NOTICED |
| Defendant | ||
| National Association, as Trustee for ACE Securities Corp. Home Equity Loan Trust, Series 2003-OP1 | represented by | Robert T Mowrey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDMatthew K Hansen (See above for address) ATTORNEY TO BE NOTICEDHelen Onome Turner (See above for address) ATTORNEY TO BE NOTICED |
| Defendant | ||
| Power Default Services, Inc. | represented by | Robert T Mowrey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDMatthew K Hansen (See above for address) ATTORNEY TO BE NOTICEDHelen Onome Turner (See above for address) ATTORNEY TO BE NOTICED |
| Defendant | ||
| PHH Mortgage Corporation | represented by | Robert T Mowrey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDMatthew K Hansen (See above for address) ATTORNEY TO BE NOTICEDHelen Onome Turner (See above for address) ATTORNEY TO BE NOTICED |
| Defendant | ||
| AVT Title Services, LLC | represented by | Nicholas Michael Frame Mackie Wolf Zientz Mann, P.C. 5177 Richmond Avenue Suite 1230 Houston, TX 77056 713-730-3219 Email: nframe@mwzmlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Third Party Defendant | ||
| Sandra Nicely Falconer | represented by | Sandra Nicely Falconer PRO SE |
| Third Party Defendant | ||
| Remus Nembhard | represented by | Remus Nembhard PRO SE |
| Third Party Defendant | ||
| Capital Fund I, LLC | ||
| ThirdParty Plaintiff | ||
| HSBC Bank USA | represented by | Robert T Mowrey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDMatthew K Hansen (See above for address) ATTORNEY TO BE NOTICEDHelen Onome Turner (See above for address) ATTORNEY TO BE NOTICED |
| ThirdParty Plaintiff | ||
| National Association, as Trustee for ACE Securities Corp. Home Equity Loan Trust, Series 2003-OP1 | represented by | Robert T Mowrey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDMatthew K Hansen (See above for address) ATTORNEY TO BE NOTICEDHelen Onome Turner (See above for address) ATTORNEY TO BE NOTICED |
| ThirdParty Plaintiff | ||
| PHH Mortgage Corporation | represented by | Robert T Mowrey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDMatthew K Hansen (See above for address) ATTORNEY TO BE NOTICEDHelen Onome Turner (See above for address) ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 07/26/2024 | 1 | NOTICE OF REMOVAL from 133rd Judicial District Court, Harris County, Texas, case number 2024-28580 (Filing fee $ 405 receipt number ATXSDC-31952606) filed by Power Default Services, Inc., National Association, as Trustee for ACE Securities Corp. Home Equity Loan Trust, Series 2003-OP1, HSBC Bank USA, PHH Mortgage Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K) (Turner, Helen) (Entered: 07/26/2024) |
| 07/26/2024 | 2 | CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (rrb4) (Entered: 07/30/2024) |
| 07/30/2024 | 3 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 10/25/2024 at 03:15 PM in Courtroom 3A Houston before Judge Keith P Ellison. (Signed by Judge Keith P Ellison) Parties notified. (rrb4) (Entered: 07/30/2024) |
| 08/01/2024 | 4 | NOTICE of Appearance by Alexandra Pierce on behalf of Capital Fund I, LLC, filed. (Pierce, Alexandra) (Entered: 08/01/2024) |
| 08/02/2024 | 5 | NOTICE of Appearance by Matthew K. Hansen on behalf of HSBC Bank USA, National Association, as Trustee for ACE Securities Corp. Home Equity Loan Trust, Series 2003-OP1, PHH Mortgage Corporation, Power Default Services, Inc., filed. (Hansen, Matthew) (Entered: 08/02/2024) |
| 08/02/2024 | 6 | NOTICE of Appearance by Robert T. Mowrey on behalf of HSBC Bank USA, National Association, as Trustee for ACE Securities Corp. Home Equity Loan Trust, Series 2003-OP1, PHH Mortgage Corporation, Power Default Services, Inc., filed. (Mowrey, Robert) (Entered: 08/02/2024) |
| 08/14/2024 | 7 | CERTIFICATE OF INTERESTED PARTIES by HSBC Bank USA, National Association, as Trustee for ACE Securities Corp. Home Equity Loan Trust, Series 2003-OP1, PHH Mortgage Corporation, Power Default Services, Inc., filed. (Turner, Helen) (Entered: 08/14/2024) |
| 08/14/2024 | 8 | CORPORATE DISCLOSURE STATEMENT by HSBC Bank USA, National Association, as Trustee for ACE Securities Corp. Home Equity Loan Trust, Series 2003-OP1, PHH Mortgage Corporation, Power Default Services, Inc. identifying HSBC Holdings plc., Altisource Portfolio Solutions, S.A., Onity Group Inc. as Corporate Parent, filed. (Turner, Helen) (Entered: 08/14/2024) |
| 08/14/2024 | 9 | CERTIFICATE OF INTERESTED PARTIES by Capital Fund I, LLC, filed. (Pierce, Alexandra) (Entered: 08/14/2024) |
| 08/15/2024 | 10 | NOTICE of Appearance by Nicholas M. Frame on behalf of AVT Title Services, LLC, filed. (Frame, Nicholas) (Entered: 08/15/2024) |
| 08/15/2024 | 11 | ANSWER to 1 State Court Petition/Notice of Removal by AVT Title Services, LLC, filed. (Frame, Nicholas) (Entered: 08/15/2024) |
| 08/16/2024 | 12 | Amended CERTIFICATE OF INTERESTED PARTIES by HSBC Bank USA, National Association, as Trustee for ACE Securities Corp. Home Equity Loan Trust, Series 2003-OP1, PHH Mortgage Corporation, Power Default Services, Inc., filed. (Turner, Helen) (Entered: 08/16/2024) |
| 09/13/2024 | 13 | NOTICE of Service of its Initial Disclosures, by AVT Title Services, LLC, filed. (Frame, Nicholas) (Entered: 09/13/2024) |
| 09/13/2024 | 14 | CERTIFICATE OF INTERESTED PARTIES by AVT Title Services, LLC, filed. (Frame, Nicholas) (Entered: 09/13/2024) |
| 09/26/2024 | 15 | MOTION for Leave to File Amended Complaint by Capital Fund I, LLC, filed. Motion Docket Date 10/17/2024. (Attachments: # 1 Complaint Capital Fund I, LLC’s Amended Complaint, # 2 Proposed Order Proposed Order Granting Leave to Amend Complaint) (Pierce, Alexandra) (Entered: 09/26/2024) |
| 09/26/2024 | 16 | Corrected MOTION for Leave to File Amended Complaint by Capital Fund I, LLC, filed. Motion Docket Date 10/17/2024. (Attachments: # 1 Complaint Capital Fund I, LLC’s Amended Complaint, # 2 Exhibit Ex. A Deed of Trust (X043095), # 3 Exhibit Ex. B Warranty Deed (03-23-2021), # 4 Exhibit Ex. C Warranty Deed (10-27-2022), # 5 Exhibit Ex. D Capital Fund Deed of Trust, # 6 Exhibit Ex. E Notice of Trustee Sale, # 7 Proposed Order Proposed Order Granting Leave to Amend Complaint) (Pierce, Alexandra) (Entered: 09/26/2024) |
| 09/27/2024 | 17 | ORDER granting 16 Motion for Leave to File.(Signed by Judge Keith P Ellison) Parties notified. (aar4) (Entered: 09/28/2024) |
| 09/30/2024 | 18 | JOINT DISCOVERY/CASE MANAGEMENT PLAN by HSBC Bank USA, National Association, as Trustee for ACE Securities Corp. Home Equity Loan Trust, Series 2003-OP1, PHH Mortgage Corporation, filed. (Attachments: # 1 Proposed Order – Proposed Scheduling / Docket Control Order) (Turner, Helen) (Entered: 09/30/2024) |
| 09/30/2024 | 19 | SCHEDULING/DOCKET CONTROL ORDER. ETT: 3 Days. Jury Trial. Amended Pleadings due by 2/7/2025. Joinder of Parties due by 2/7/2025 Pltf Expert Witness List due by 3/15/2025. Deft Expert Witness List due by 5/14/2025. Discovery due by 7/25/2025. Dispositive Motion Filing due by 11/7/2025. Non-Dispositive Motion Filing due by 11/7/2025. Joint Pretrial Order due by 2/2/2026. Jury Trial set for 2/9/2026 at 09:00 AM in Courtroom 3A Houston before Judge Keith P Ellison(Signed by Judge Keith P Ellison) Parties notified. (mmm4). (Entered: 10/03/2024) |
| 10/11/2024 | 20 | ANSWER to 16 Complaint by HSBC Bank USA, PHH Mortgage Corporation, Power Default Services, Inc., filed. (Turner, Helen) Modified on 10/15/2024 (aar4). (Entered: 10/11/2024) |
| 10/16/2024 | 21 | AMENDED COMPLAINT with Jury Demand against All Defendants filed by Capital Fund I, LLC. (Pierce, Alexandra) (Entered: 10/16/2024) |
| 10/17/2024 | 22 | NOTICE of Setting as to 21 Amended Complaint/Counterclaim/Crossclaim etc.. Parties notified. Motion Hearing set for 10/17/2024 at 01:00 PM in by telephone before Judge Keith P Ellison, filed. (aar4) (Entered: 10/17/2024) |
| 10/22/2024 | 23 | NOTICE of Appearance by Anthony Laporte on behalf of Capital Fund I, LLC, filed. (Laporte, Anthony) (Entered: 10/22/2024) |
| 10/24/2024 | 24 | RESPONSE to 21 Amended Complaint/Counterclaim/Crossclaim etc. / Defendants’ Answer to Capital Fund I, LLC’s Amended Complaint, filed by HSBC Bank USA, PHH Mortgage Corporation, Power Default Services, Inc.. (Turner, Helen) (Entered: 10/24/2024) |
| 10/25/2024 | 25 | Unopposed MOTION for Leave to File HSBC as Trustee and PHH’s Original Counterclaim and Third-Party Complaint by HSBC Bank USA, PHH Mortgage Corporation, filed. Motion Docket Date 11/15/2024. (Attachments: # 1 Exhibit HSBC as Trustee and PHH’s Original Counterclaim and Third Party Complaint, # 2 Exhibit Deed of Trust (Redacted), # 3 Exhibit Corporate Assignment of Deed of Trust (Redacted), # 4 Exhibit Warranty Deed, # 5 Exhibit Warranty Deed, # 6 Exhibit Memorandum of Contract, # 7 Proposed Order Order Granting Defendants’ Unopposed Motion for Leave to File Original Counterclaim and Third-Party Complaint) (Turner, Helen) (Entered: 10/25/2024) |
| 10/29/2024 | 26 | ORDER granting 25 Unopposed Motion for Leave to File.(Signed by Judge Keith P Ellison) Parties notified. (jm4) (Entered: 10/30/2024) |
| 10/29/2024 | 27 | ORIGINAL COUNTERCLAIM AND THIRD PARTY COMPLAINT against Sandra Nicely Falconer, Remus Nembhard, Capital Fund I, LLC filed by HSBC Bank USA, National Association, as Trustee for ACE Securities Corp. Home Equity Loan Trust, Series 2003-OP1, PHH Mortgage Corporation. (jm4) (Entered: 10/30/2024) |
| 10/30/2024 | 28 | ANSWER to 21 Amended Complaint/Counterclaim/Crossclaim etc. by AVT Title Services, LLC, filed. (Frame, Nicholas) (Entered: 10/30/2024) |
| 10/31/2024 | 29 | Request for Issuance of Summons as to Remus Nembhard, filed. (Turner, Helen) (Entered: 10/31/2024) |
| 10/31/2024 | 30 | Request for Issuance of Summons as to Sandra Nicely Falconer, filed. (Turner, Helen) (Entered: 10/31/2024) |
| 11/01/2024 | 31 | Summons Issued as to Remus Nembhard. Issued summons delivered to plaintiff by NEF, filed. (rlm4) (Entered: 11/01/2024) |
| 11/01/2024 | 32 | Summons Issued as to Sandra Nicely Falconer. Issued summons delivered to plaintiff by NEF, filed. (rlm4) (Entered: 11/01/2024) |
| 11/11/2024 | 33 | RETURN of Service of SUMMONS Executed as to Remus Nembhard served on 11/6/2024, answer due 11/27/2024, filed. (Turner, Helen) (Entered: 11/11/2024) |
| 11/11/2024 | 34 | RETURN of Service of SUMMONS Executed as to Sandra Nicely Falconer served on 11/6/2024, answer due 11/27/2024, filed. (Turner, Helen) (Entered: 11/11/2024) |
| 11/20/2024 | 35 | ANSWER to 27 Third Party Complaint, by Capital Fund I, LLC, filed. (Pierce, Alexandra) (Entered: 11/20/2024) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 12/10/2024 14:12:20 |
There we go folks, a clouded title case filed May 2024, just after our last update.
It has also been removed to federal court.
Harris County Real Property Records; Apr. 25, 2024 there’s a “Memorandum of Contract” between Falconer and Nembhard “selling” home for $152k without any details on title co, deposit, etc to an entity named Amroc Homes LLC.
Amroc Homes, LLC Overview
Amroc Homes, LLC filed as a Domestic Limited Liability Company (LLC) in the State of Texas on Saturday, November 2, 2019 and is approximately five years old, as recorded in documents filed with Texas Secretary of State.
| Case (Cause) Number | Style | File Date | Court | Case Region | Type Of Action / Offense | |
|---|---|---|---|---|---|---|
| 202468323A- 7 Active – Civil |
CAPITAL FUND I LLC vs. BANK OF HOPE | 11/1/2024 | 190 | Civil | GARNISHMENT (BEFORE JUDGMENT) | |
| 202468323- 7 Active – Civil |
CAPITAL FUND I LLC vs. BAN NHA LLC |
10/3/2024 | 190 | Civil | Debt / Contract – Other | |
| 202428580- 7 Disposed (Final) |
CAPITAL FUND I LLC vs. HSBC BANK USA NATIONAL ASSOCIATION AS TRUSTEE FOR | 5/3/2024 | 133 | Civil | Quiet Title | |
| 202380667- 7 Ready Docket |
CAPITAL FUND II LLC vs. WILCREST PARK TOWNHOMES OWNERS ASSOCIATION INC |
11/20/2023 | 334 | Civil | Quiet Title |
The loan was only for a yr, expiring Nov 2023, but they waited until the federal case ended for Falconer before suing. There’s also the small fact that Falconer et al have another LLC in the wings ready to extend the foreclosure drama for years. Fraud? Texas is the place to be.
— lawsinusa (@lawsinusa) December 10, 2024
202428580 –
CAPITAL FUND I LLC vs. HSBC BANK USA NATIONAL ASSOCIATION
MAY 3, 2024 | REPUBLISHED BY LIT: DEC 11, 2024
The clouds are dark over this case since July as the docket remains empty and the Sheppard has lost his flock as he returns to the Galloway banking clients askin’ for forgiveness that he would seek money over loyalty. https://t.co/hRn2yIfzfR
— lawsinusa (@lawsinusa) December 4, 2024
Falconer v. PHH Mortgage Corporation
(4:22-cv-03151)
District Court, S.D. Texas, Judge Andrew Hanen
SEP 14, 2022 | REPUBLISHED BY LIT: OCT 9, 2023
A Hard-Money Construction Loan Fee Dispute Leads Leaveil Skinner Facing Foreclosure by BDF Hopkins
4231 Fernwood Drive Houston, TX 77021 is facing foreclosure by BDF Hopkins in Harris County District Court. They’ve not snap removed the case.
Criminally Indicted for Theft, Fmr Houston Public Official Todd Edwards Retains Bandit Lawyer Marcella Hagger
10611 TARRINGTON DR HOUSTON TX 77024-3113 is valued at $2.7 million dollars per Zillow. He’s also associated with a $520k Pearland property.
Bandit Lawyer Chisom Okoh Returns from Criminal Court to Represent a Realtor and Dentist as an Abii Associate
The goal: To stop foreclosure on land that’s worth around $1M, all while the Diangani’s navigate bankruptcy for the wife’s Dental business.
