Deutsche Bank National Trust Company v. Jones-Wheatfall
(4:19-cv-04613)
District Court, S.D. Texas
NOV 25, 2019 | REPUBLISHED BY LIT: AUG 18, 2021
Judge Lynn N. Hughes, Admonished many times for Abuse of His Position, We Tell Foreclosure Litigants to Stand Up for their Often Denied Rights in Law…
Compare with…
“Because Robey is claiming that defendants violated the FDCPA by attempting to collect attorney’s fees that were not permitted under Oklahoma law, the Second Circuit’s reasoning in Miller and our decision in Johnson apply with equal force to this case . Accordingly, Robey has been injured under the terms of the FDCPA and can seek legal redress of his claims under that act. He has thus satisfied the “injury in fact” and other requirements of constitutional standing.”
Robey v. Shapiro, Marianos Cejda, L.L.C, 434 F.3d 1208, 1212 (10th Cir. 2006)
PLAINTIFF’S MOTION FOR ATTORNEYS’ FEES
Deutsche Bank National Trust Company, as Indenture Trustee of the Aames Mortgage Investment Trust 2004-1 (“Plaintiff”) files this Plaintiff’s Motion for Attorneys’ Fees (“Motion”) and respectfully shows the Court:
On November 25, 2019, Plaintiff filed its Original Complaint against Lelia Jones- Wheatfall and Michael Wayne Weathfall (together, “Defendants”) seeking an order allowing foreclosure against their interest in certain real property. (ECF 1.)
On December 17, 2020, Plaintiff filed Plaintiff’s Motion for Default Judgment (“Motion”).
(ECF No. 23.)
The Court entered the Order granting Plaintiff’s Motion on January 14, 2021.
(ECF No. 26.)
The Order allowed Plaintiff to seek attorneys’ fees by February 5, 2021, through subsequent motion pursuant to Federal Rule of Civil Procedure 54(d)(2)(B)(i).
Plaintiff incurred $9,399.00 in reasonable and necessary attorneys’ fees in filing and prosecuting Plaintiff’s claims to enforce its interest in certain real property as a result of the default under the loan agreement made subject to this
See Exhibit A,
Declaration of Mark Cronenwett.
A true and correct copy of the detailed billing statements showing the attorneys’ fees by name, date, and amount is attached hereto as
Exhibit A-2.
Accordingly, in this Motion, Plaintiff requests an award of attorneys’ fees in the amount of $9,399.00 that it has incurred in this case.
Plaintiff is entitled to attorneys’ fees pursuant to Texas Civil Practice and Remedies Code section 001 because this suit is to enforce a written contract through foreclosure.
See TEX. CIV. P. REM. CODE § 38.001(8).
Furthermore, the loan contract provides for recovery of reasonable attorneys’ fees incurred in pursuit of foreclosure.
(See ECF Doc. No. 1-1, page 13-14.)
Plaintiff seeks attorneys’ fees as an additional debt secured by the subject Note and Security Instrument and not as a personal judgment against the Defendants.
PRAYER
For these reasons, Plaintiff requests that the Court award Plaintiff attorneys’ fees in the total amount of $9,399.00, to be recovered not as a personal judgment against Defendants but as a further obligation secured by the property at issue under the Note and Security Instrument made basis of this suit.
Plaintiff also prays for all relief, whether at law or in equity, to which it is justly entitled.
Respectfully submitted,
By: /s/ Vivian N. Lopez
MARK D. CRONENWETT
Attorney in Charge
Texas Bar No. 00787303
Southern District Admission #21340
mcronenwett@mwzmlaw.com
VIVIAN N. LOPEZ
State Bar No. 20818-P
Southern District Admission #3504182
vlopez@mwzmlaw.com
MACKIE WOLF ZIENTZ & MANN, P. C.
14160 North Dallas Parkway, Suite 900
Dallas, TX 75254
(214) 635-2650
(214) 635-2686 (Fax)
ATTORNEY FOR PLAINTIFF
CERTIFICATE OF SERVICE
I hereby certify that I have caused a copy of the foregoing to be delivered to the following in the manner indicated on this the January 20, 2021.
Via U.S. Mail
LELIA JONES-WHEATFALL
4806 RICHMOND KNOLL LANE
FRESNO, TX 77545
MICHAEL WAYNE WHEATFALL
4806 RICHMOND KNOLL LANE
FRESNO, TX 77545
/s/ Vivian N. Lopez
VIVIAN N. LOPEZ
The Wolves of Texas and That Russian-German Bank v the Non-Prisoners, Esta and Lawrence Lippman
Defendants failed to pay the amounts owed on the Loan Agreement, and on April 20, 2020 sent a notice of default.
A Big Question Was Asked of the Court of Appeals for the Eleventh Circuit: Are Y’all Impartial?
The answer to that question is easy. The 11th Circuit is biased and are protective of their own ochlocracy, rather than the US Constitution.
What Do Judges Lynn Hughes, David Hittner and Patrick Higginbotham Have in Common?
Personal Vendettas: All pro se foreclosure cases end up on their desks sequentially and they are generally dismissed without due process.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:19-cv-04613
| Deutsche Bank National Trust Company, v. Jones-Wheatfall et al Assigned to: Judge Lynn N Hughes Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 11/25/2019 Date Terminated: 01/14/2021 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Deutsche Bank National Trust Company, As Indenture Trustee of the Aames Mortgage Investment Trust 2004-1 |
represented by | Samin Hessami Mackie Wolf et al 5177 Richmond Ave. Ste 1230 Houston, TX 77056 214-635-2650 Email: shessami@mwzmlaw.com ATTORNEY TO BE NOTICEDVivian Nahir Lopez Mackie Wolf Zientz & Mann, P.C. 14160 North Dallas Parkway, Suite 900 Dallas, TX 75254 214-635-2662 Email: vlopez@mwzmlaw.com ATTORNEY TO BE NOTICEDMark Douglas Cronenwett Mackie Wolf Zientz & Mann, P.C. 14160 N. Dallas Parkway, Ste. 900 Dallas, TX 75254 214-635-2650 Fax: 214-635-2686 Email: mcronenwett@mwzmlaw.com ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Lelia Jones-Wheatfall | ||
| Defendant | ||
| Michael Wayne Wheatfall | ||
| Date Filed | # | Docket Text |
|---|---|---|
| 12/04/2020 | 20 | Minute Entry for PRETRIAL CONFERENCE held before Judge Lynn N Hughes on 12/4/2020. Order to be entered. Appearances: Warren Johnsey, no appearance for Jones-Wheatfall. (Court Reporter: G. Dye) (ghassan, 4) (Entered: 12/04/2020) |
| 12/04/2020 | 21 | ORDER to Report. By 1/8/2021, Deutsche Bank must report the status of the removal of the loss mitigation hold and the next steps to advance this litigation. Internal review set for 1/11/2021. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) (Entered: 12/04/2020) |
| 12/17/2020 | 22 | REQUEST for Entry of Default against All Defendants by Deutsche Bank National Trust Company,, filed. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Lopez, Vivian) (Entered: 12/17/2020) |
| 12/17/2020 | 23 | MOTION for Default Judgment against All Defendants by Deutsche Bank National Trust Company,, filed. Motion Docket Date 1/7/2021. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Lopez, Vivian) (Entered: 12/17/2020) |
| 12/17/2020 | 24 | STATUS REPORT by Deutsche Bank National Trust Company,, filed.(Lopez, Vivian) (Entered: 12/17/2020) |
| 12/23/2020 | 25 | Clerks ENTRY OF DEFAULT against Lelia Jones-Wheatfall, Michael Wayne Wheatfall terminating 22 . Parties notified. (ghassan, 4) (Entered: 12/23/2020) |
| 01/14/2021 | 26 | DEFAULT JUDGMENT against Lelia Jones-Wheatfall and Michael Wheatfall. 23 (Signed by Judge Lynn N Hughes) Parties notified.(ShoshanaArnow, 4) (Entered: 01/14/2021) |
| 01/20/2021 | 27 | MOTION for Attorney Fees by Deutsche Bank National Trust Company,, filed. Motion Docket Date 2/10/2021. (Attachments: # 1 Proposed Order)(Lopez, Vivian) (Entered: 01/20/2021) |
| 01/20/2021 | 28 | Other EXHIBITS re: 27 MOTION for Attorney Fees by Deutsche Bank National Trust Company,, filed.(Lopez, Vivian) (Entered: 01/20/2021) |
| 02/11/2021 | 29 | ORDER granting 27 Motion for Attorney Fees.(Signed by Judge Lynn N Hughes) Parties notified.(ShoshanaArnow, 4) (Entered: 02/12/2021) |
