Judge Alan Albright Calls Creditor Rights Law Offices to Tell them to File for Attorney Fees in Foreclosure Cases
Wilmington Savings Funds Society, FSB v. Owens
(6:18-cv-00235)
District Court, W.D. Texas
JUN 1, 2021 | REPUBLISHED BY LIT: JUL 14, 2021
Motion for Attorney Fees and Declaration of Foreclosure Mill Lawyer Mark Cronenwett for Mackie Wolf, Dallas, Texas (See #2)
2. On December 4, 2018, the Court clerk called the office of Plaintiff’s counsel asking counsel to file a Motion for Attorneys’ fees. Pursuant to this request, Plaintiff files this Motion for Attorneys’ Fees.
Within 3 months of confirmation by Congress as a United States District Federal Judge, Alan Albright is violating his judicial oath, putting in phone calls to lawyers pursuing foreclosure against pro se litigants and telling them to file for attorney fees.
We also shed light on the fact that this judge has no excuse for being a ‘new’ judge. He was a magistrate judge for seven years before returning to private practice.
At LIT, we are not shocked, sadly.
The Breakdown of Attorney Fees, with Redaction, shows a charge for “Reformation of [DOT]” e.g. Deed of Trust
Reformation of a deed of trust likely means (between a bank and *note holder) likely means that the deed of trust does not list the *note holder as a party to the deed of trust. The reason that two parties would be discussing a reformation of the deed of trust has something to do with the note holder seeking to foreclose on the subject property and obtaining the proper authority to do so…in this case, see page 14 of 18 of the breakdown in attorney fees.
For example, on March 24, 2015, the Texas Supreme Court decided the case of Cosgrove v. Cade. This case emphasizes that parties to a real estate transaction need to make sure that the written instruments conveying the property accurately reflect the property interests that are transferred. It denied the request for reformation of the deed as untimely.
Assignment and Title Issues Plagued this Foreclosure, But it Wouldn't Stop the Foreclosure Mill
Sifting through the complaint and supporting documents, it shows just how wicked an order this was by Judge Albright. The home is valued at $77k and it appears that Mr. Owens is a Veteran, unlike Albright who did NOT serve his country.
Judge Albright’s Responses to Congressional Questions
The level of corruption in the judiciary is out of control due to the fact these outlaws in dirty black robes have what is called “absolute” judicial immunity for any and all acts they perform as part of their job, and they will tell you, that includes fraud, perjury and screwing over litigants for banks, nonbanks, creditor rights law firms and Wall St.
Not only did Wall St and the Bankers profit by greed BEFORE the financial crisis, they would flip this into even more greed again by stealin’ the majority of foreclosed homes AFTER, when they should have been stewin’ in jail. This created the affordable housing shortage and sky-high rental rates you see in 2021. And our banks and government are about to allow another Tsunami of evictions and foreclosures at the end of this month.
So here’s a Donald Trump appointed judge, when he was ‘stackin’ the courts’ and what a piece of work he is too. Oh, and you’ll note below, he supported both John Cornyn and Rudy Giuliani for most of his career with financial donations. Cornyn would, of course, support his nomination as a federal lifetime judge, along with the lyin’ Sen. Ted Cruz.
Judge Alan Albright On Becoming the Go-To Judge for Patent Cases
JUN 1, 2021 | REPUBLISHED BY LIT: JUL 13, 2021
On this podcast:
· Judge Albright’s love for patent cases & why it’s not really work for him
· Plan to handle growing docket of patent cases
· Getting into patent law as the youngest magistrate judge in history
· Why many district court judges aren’t interested in handling patent cases and how it impacts their resolution
· Example set by Judge John Ward and Eastern District of Texas
· Why patent owners deserve a jury trial
· Picking effective patent litigation counsel
· Discovery dispute
· Approach to attorneys filing transfer motions
· Advice to trial attorneys for preparing and being effective
· Navigating Federal Circuit decisions and focusing on being a good trial judge
· Following press coverage & commitment to transparency
· Clerking for Judge Alan Albright
· Why you shouldn’t – or possibly should – wear python boots to the courthouse
If you’ve ever wondered how and why Judge Alan D Albright of the U.S. District Court for the Western District of Texas became America’s go-to judge for patent cases, you don’t want to miss this episode of Clause 8.
Before Judge Albright was confirmed in 2018, less than 10 patent cases had been filed in the Waco district in its entire history. In 2020 alone, he took on almost 800 new patent cases, accounting for 20% of all new patent cases filed in the US last year.
“Having practiced all those years, I get that 99% of the time, while it may appear that the dispute is trivial, it’s really important. It’s very binary, and whatever I rule is going to . . . to have an impact.”
This episode covers why Judge Albright loves handling patent cases, his plans for handling a growing docket, and his views on how a judge should handle a patent case and what makes an effective patent litigation counsel.
“The best math teacher you’re ever going to have is someone who really understands math, so that when they’re explaining it to you, they make it simple enough for you to understand. It’s the same with patent cases. Which is, find unicorns who have such a high level of technical understanding that they can then teach it to a jury through the witnesses.”
Judge Albright is as transparent in this episode as he is in the courtroom. So if you’re wondering how to make your case more efficient, how you can clerk for him, or why it’s easier to predict where to be struck by lightning than how to become a district court judge, don’t miss him on this week’s Clause 8.
We thought Judge Alan Albright was an IP judge who is too busy upsetting everyone in the Fed Circuit by his zealous advocacy and failure to transfer cases to the right jurisdiction. We were wrong. He’s also corruptly phoning law firms to file for attorney fees in foreclosures. pic.twitter.com/I5p914tIno
— LawsInTexas (@lawsintexasusa) July 13, 2021
Alan Albright – Nominee for the U.S. District Court for the Western District of Texas
MAY 17, 2018 | REPUBLISHED BY LIT: JUL 13, 2021
An attorney who first became a judge over 25 years ago (and left the bench approximately 20 years ago) would not seem like a likely judge from an Administration focused on youth as a key criteria of nomination. However, Alan Albright became a judge at just 32 years of age and left the bench before he was forty. As such, the seasoned litigator, now 58, is still young enough to serve on the bench for another thirty years.
Background
Alan D. Albright was born on November 24, 1959 in Hershey, PA. After getting a B.A. from Trinity University in 1981, Albright received a J.D. from the University of Texas Law School in 1984. After his graduation, Albright served as a law clerk to Judge James Nowlin on the U.S. District Court for the Western District of Texas.[1]
After his clerkship, Albright joined McGinnis, Lochridge & Kilgore LLP. as an associate. Two years later, he joined the Austin office of Akin Gump Strauss Hauer & Feld as an associate. In 1992, Albright, only 32, was tapped to be a U.S. Magistrate Judge for the U.S. District Court for the Western District of Texas.
Albright left the bench in 1999 to join the Austin office of Thompson & Knight LLP. Two years later, he left Thompson to join Gray Cary (now DLA Piper) as a Partner. In 2005, he moved to the Austin office of Fish & Richardson as a Partner. In 2009, he joined the Austin office of Bracewell & Giuliani (now Bracewell) as a Partner. In 2014, he left Bracewell to become a Partner at Sutherland Asbill & Brennan. In 2015, he returned to Bracewell as a Partner, and works there to this day.
History of the Seat
Albright has been nominated for a vacancy on the U.S. District Court for the Western District of Texas. This seat opened on September 14, 2016, when Judge Walter Scott Smith Jr. retired amidst allegations of sexual misconduct.[2] In February 2017, Albright applied for a federal judgeship with an Evaluation Committee set up by Texas Republican Sens. John Cornyn and Ted Cruz.[3] He interviewed with the Committee in March 2017 and then with Cornyn and Cruz in April. Albright interviewed with the White House and Department of Justice on July 18, 2017.[4] He was nominated on January 24, 2018.
Legal Experience
Albright’s work in private practice can be divided into two periods sandwiched around his seven years on the bench. The first period was from 1986, when Albright finished his clerkship, to 1992, when he became a federal judge. During his period, Albright primarily worked in insurance litigation, starting at the Austin firm McGinnis, Lochridge & Kilgore LLP and then working for the Biglaw firm Akin Gump.
The second period was from 1999, when Albright left the bench, to the present. In this period, the primary focus of Albright’s career has been on patent litigation, at the firms Thompson & Knight, Gray Cary, Fish & Richardson, and Bracewell & Giuliani (now Bracewell). Notably, Albright represented Overstock.com in defending against a patent infringement action, representing the website through a jury trial (the jury found for the defendants).[5]
While Albright focused primarily on patent litigation , he occasionally handled other cases. Notably, Albright represented the Williamson County government in defending against a suit brought by Robert Lloyd, a conservative Republican who claimed that the County had improperly taken his political affiliation and his opposition to abortion and same-sex marriage into account in rejecting him for a Constable appointment.[6]
Jurisprudence
Albright served as a U.S. Magistrate Judge on the U.S. District Court for the Western District of Texas from 1992 to 1999. In this capacity, Albright presided over the pretrial aspects of approximately 1000 misdemeanor and civil cases and approximately 500 civil cases.[7] He also presided over around 15-20 civil cases by consent.[8] Among the more prominent cases Albright handled, he overturned a $275,000 jury verdict for a San Marcos plaintiff shot by a police officer on qualified immunity and official immunity grounds (his decision was affirmed on appeal).[9] In another notable case, Albright found for the parents of a daughter who suffered permanent injuries during birth due to the negligence of the doctor delivering the baby.[10]
In his seven years on the bench, Albright was reversed by the Fifth Circuit in four cases. In three of the reversals, the Fifth Circuit reversed plaintiff-friendly rulings by Albright.[11] In the fourth case, the Fifth Circuit reversed the grant of summary judgment to the defendant in a Lanham Act case.[12]
Political Activity
Albright has been a frequent donor to Republican candidates. Cornyn was a particular beneficiary, having received approximately $5000 from Albright.[13] Albright also donated almost $5000 to Rudy Giuliani’s 2008 Presidential campaign.[14]
Additionally, Albright volunteered on the campaigns of several Texas politicians, including Republican Governor Bill Clements, and Democrats Bob Krueger and Henry Cisneros.[15]
Overall Assessment
Compared to other nominees from Texas who have incited more pushback, Albright is relatively uncontroversial. His long-time tenure as a patent litigator has allowed Albright to steer clear of controversial cases while maintaining the intellectual vigor needed for the bench. Additionally, supporters will argue Albright’s representation of Williamson County in defending against a discrimination suit brought by a conservative employee reflects an apolitical approach to the law.
Furthermore, Albright’s record on the bench is relatively non-ideological. While Albright did overturn a jury verdict for a plaintiff against the cop who shot him, his ruling for the victims of medical negligence in a bench trial suggests that he is not biased against plaintiffs. Furthermore, most of his reversals from the Fifth Circuit have been from plaintiff-friendly rulings.
Overall, these factors, combined with his age and experience, suggest that Albright will be considered a consensus nominee.
[1] Sen. Comm. on the Judiciary, 115th Cong., Alan D. Albright: Questionnaire for Judicial Nominees 46.
[2] Tommy Witherspoon, Probe of Federal Judge Ends With His Retirement, Waco Tribune, Sept. 29, 2016, http://www.wacotrib.com/news/courts_and_trials/probe-of-federal-judge-ends-with-his-retirement/article_232c914f-578a-5e3d-813e-0f963cd75be3.html.
[3] See Albright, supra n. 1 at 44.
[4] See id.
[5] Alcatel-Lucent USA v. Amazon.com, Inc., 6:09-cv-00422-LED (E.D. Tex. Nov. 2, 2011), aff’d, 505 F. App’x 957 (Fed. Cir. 2013).
[6] Lloyd v. Birkman, No. 1:13-cv-00505 (W.D. Tex.).
[7] See Albright, supra n. 1 at 13-14.
[8] Id.
[9] Tamez v. City of San Marcos, No. 93-CV-666 (W.D. Tex. July 8, 1996), aff’d, 118 F.3d 1085 (5th Cir 1997), cert. denied, 522 U.S. 115 (1998).
[10] Jackson v. United States, No. 1:96-cv-00491-ADA (W.D. Tex. Aug. 20, 1998).
[11] See Castillo v. City of Round Rock, Tex., No. A-96-CV-863 (W.D. Tex. Feb. 2, 1998), rev’d, 177 F.3d 977 (5th Cir. 1999), cert. denied, 528 U.S. 1019 (1999) (reversing denial of summary judgment to defendants, noting that claims were barred by qualified immunity); Travis v. Bd. of Regents of the Univ. of Tex. Sys., No. A-94-CV-712 (W.D. Tex.), rev’d, 122 F.3d 259 (5th Cir. 1997), cert. denied, 522 U.S. 1148 (1992) (reversing verdict for plaintiff on sex discrimination and retaliation claims); Texas v. Thompson, No. A-93-CA-343 (W.D. Tex. Dec. 12, 1994), appeal dismissed in part and rev’d in part, 70 F.3d 390 (5th Cir. 1995) (per curiam) (reversing denial of summary judgment to one defendant).
[12] Soc’y of Fin. Exam’rs v. Nat’l Ass’n of Certified Fraud Exam’rs, Inc., No. A-92-CA-792/ A-92-CV-937 (W.D. Tex. Dec. 8, 1993), vacated, 41 F.3d 223 (5th Cir. 1995), cert. denied, 515 U.S. 1103 (1995).
[13] Center for Responsive Politics, Donor Lookup • OpenSecrets
[14] See id.
[15] See Albright, supra n. 1 at 29-30.
Trending @Twitter is a statement from @GregAbbott_TX sayin’ he’s going to arrest the #Dems when they return on their private jet to #Texas. This Outlaw in a Robe should suffer the same fate for managing to violate his judicial oath within 3 months of Senate confirmation @uscourts pic.twitter.com/TqK8BAAU7M
— LawsInTexas (@lawsintexasusa) July 13, 2021
Sen. Ron Johnson Cites ‘Malicious Poison’ But He’s Clearly Not Studied Texas Govt Nor Federal Judges in Texas
LIT: Senator Ron Johnson was an avid viewer of our social media account on Twitter leading up to this congressional nomination hearing.
Standards of Review in Texas Courts
What is a standard of review in Texas? It is a function of the allocation of judicial power between trial and appellate courts.
Federal Law: The Rights of Elderly Litigants to Be Heard At an Oral Hearing
Justice Frankfurter believed that no better instrument has been devised for arriving at truth than the notice and hearing requirement.
Judge Albright’s Senate Judicial Questionnaire
