Ankus LLC Still Lay Claim to Gentry After Agreed Dismissal With Prejudice Before Judge Sim Lake

JUDGE SIM LAKE RE QUIET TITLE

Moreover, in a suit to quiet title, “a necessary prerequisite to the . . recovery of title is tender of whatever amount is owed on the note.”

E.g. 1 Fillion v. David Silvers Co., 709 S.W.2d 240, 246 (Tex. App.-Houston [14th Dist.] 1986).

Defendant argues that Plaintiff has failed to tender the full balance of the note.28

Plaintiff argues that it need not tender anything because it owes nothing to Defendant as the Deed of Trust is void. 29

However, courts have not made an exception even where the defendant’s lien is alleged to be void.

See Inge v. Bank of America, N.A., 2018 WL 4561622, at *3 (E.D. Tex. Sep. 24, 2018)

(requiring tender where Plaintiff challenged the validity of the underlying lien) .

Because Plaintiff “has not alleged that [it] has tendered the balance of [the] loan,” the quiet title claim fails as a matter of law.

Campo v. Bank of America, N.A., 2016 WL 1162199, at *5 (S.D. Tex. Mar. 24, 2016).

Defendant’s Motion to Dismiss will therefore be granted as to Plaintiff’s quiet title claim.

Note: LIT went to PACER and grabbed the responses to ONITY’s Motion for Summary Judgment but Jerry’s argument never addressed Judge Lake’s earlier Quiet Title/Trespass dismissal with prejudice, and the Lord’s just swatted that section of Jerry’s reply – as previously ruled upon and dismissed by Judge Lake.

COMPARE TO JUDGE DREW TIPTON

Who never reached “requiring tender where Plaintiff challenged the validity of the underlying lien” and granted Jerry, Dave n’ their entity Morlock LLC quiet title and a $720k free home.