U.S Bank N.A., as Trustee v. Morris
(1:19-cv-00352)
District Court, W.D. Texas
AUG 6, 2021 | REPUBLISHED BY LIT: OCT 9, 2021
Allowing Banks to foreclose, non-suit (abandon the acceleration) as many times as they want is preposterous. Litigants don’t get to refile time and time again based on ‘res judicata’ etc… (finality of judgments).
This is outrageous corruption – of course, manufactured in Texas.
U.S Bank v. Morris, 1:19-CV-00352-SH (W.D. Tex. Aug. 6, 2021)
FINAL JUDGMENT
SUSAN HIGHTOWER, UNITED STATES MAGISTRATE JUDGE.
The Court granted U.S. Bank’s Motion for Summary Judgment on July 7, 2021. Dkt. 60.
On July 9, 2021, the Court granted Plaintiff’s Ninth Agreed Motion to Abate and abated this action until July 31, 2021.
The time for abatement having expired, the Court hereby ORDERS that the abatement is lifted and this case is reinstated to active status.
Extract from Report, p. 14
“U.S. Bank abandoned the fourth acceleration on April 30, 2018, by mailing a fifth notice of intent to accelerate and notice of acceleration…”
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that an event of default has occurred on that certain Texas Home Equity Note (the “Note”) in the original principal amount of $260, 000.00 payable to WMC Mortgage Corp. (“WMC”), together with that certain Texas Home Equity Security Instrument (the “Security Instrument” and, together with the Note, the “Loan”), signed by Defendants Brenda M. Morris and Scott A. Morris and filed for record in the Official Public Records of Travis County, Texas as Instrument No. 2006177218.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Security Instrument provides Plaintiff, as mortgagee of the Security Instrument, in the event of a default, with a security interest on that certain real property commonly known as 11801 Bell Avenue, Austin, Texas 78759, and currently more particularly described as:
LOT 1, BLOCK C, SUMMIT OAKS, AN ADDITION IN TRAVIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN BOOK 7, PAGE 183, OF THE PLAT RECORDS OF TRAVIS COUNTY, TEXAS
(the “Property”).
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff, its successors and assigns, is the current legal owner and holder of the Note and beneficiary of the Security Instrument.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the following are secured by the Security Instrument on the Property: the outstanding balance of the Note, which was at least $582, 399.06 as of August 16, 2019, plus all contractual interest, escrow advances, fees, costs and other items in the Note and Security Instrument that are recoverable and have accrued since that date; prejudgment interest; post-judgment interest; and costs of court.
COMPARE TEXAS LAW TO THAT OF ILLINOIS AND THE SINGLE FILING RULE
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that due to event of default, Plaintiff, or its successors or assigns, may enforce the Security Instrument against the Property through non-judicial foreclosure of the Property as provided in the Security Instrument and Section 51.002 of the Texas Property Code.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that all foreclosure notices shall be mailed to the subject property at 11801 Bell Avenue, Austin, Texas 78759.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that this is a final order that may be appealed. All relief not granted in herein is denied.
Costs and attorneys’ fees are taxed against the party incurring same.
IT IS FURTHER ORDERED that the Clerk mail a copy of this Final Judgment to Defendants by certified mail at their provided address: Scott A. Morris and Brenda M. Morris, 11801 Bell Ave., Austin, Texas, 78759.
IT IS HEREBY ORDERED that this case is CLOSED.
LIT Cannot Obtain the Order Re BDF Attorney Fees Dated 24 Sep. 2021 from Pacer And That’s Concerning
So what we have here is the court missed the fact that sanctioned lawyer Gibson did not provide a declaration affidavit for fees.
Pat “No Free Houses” Higginbotham and the Evil Eleventh Circuit Panel Judges Spit Venom
At the time of this article in 2021 the house is worth appx. $500k. The monetary ‘sanctions’ applied equal around a third of the home value.
Affirmed. See Rule 47.6. “Love It” Said Shelley Hopkins for BDF Hopkins.
This case clearly shows the pitfalls of hiring a lawyer who claims on his website to be a foreclosure defense lawyer. LIT disagrees.
U.S. District Court [LIVE]
Western District of Texas (Austin)
CIVIL DOCKET FOR CASE #: 1:19-cv-00352-SH
| U.S Bank N.A., as Trustee v. Morris et al Assigned to: Judge Susan Hightower
Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 03/26/2019 Date Terminated: 08/06/2021 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| U.S. Bank N. A. as Trustee, on behalf of the Holders, of J.P. Morgan Mortgage Acquisition Trust 2006-WMC4 Asset Backed Pass-Through Certificates, Series 2006-WMC4 |
represented by | Robert T. Lieber Mackie Wolf Zientz and Mann PC 5217 Maryland Way Suite 404 Brentwood, TN 37027 615-238-3586 Fax: 615-777-4517 Email: rlieber@mwzmlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDMark Douglas Cronenwett Mackie Wolf Zientz & Mann, P.C. 14160 N. Dallas Parkway, Suite 900 Dallas, TX 75254 214-635-2650 Fax: 214-635-2686 Email: mcronenwett@mwzmlaw.com ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Brenda A Morris | represented by | Brenda A Morris 11801 Bell Ave. Austin, TX 78759 (512) 576-8875 PRO SE |
| Defendant | ||
| Scott A Morris | represented by | Scott A Morris 11801 Bell Ave. Austin, TX 78759 (512) 576-8875 PRO SE |
| Date Filed | # | Docket Text |
|---|---|---|
| 07/02/2021 | 59 | ORDER LIFTING abatement and REINSTATING case to active status. Signed by Judge Susan Hightower. (lt) (Entered: 07/02/2021) |
| 07/08/2021 | 60 |
ORDER GRANTING Plaintiff’s 25 Motion for Summary Judgment. Signed by Judge Susan Hightower. (jv2) (Entered: 07/08/2021) |
| 07/08/2021 | 61 | Ninth MOTION (Agreed) to Abate, by U.S. Bank N. A.. (Attachments: # 1 Proposed Order)(Cronenwett, Mark) Modified on 7/8/2021 to change filing event to Motion to Stay Case (jv2). (Entered: 07/08/2021) |
| 07/09/2021 | 62 | Certified Mail Receipts for copy of 60 Order Granting Plaintiff’s Motion for Summary Judgment, mailed to Brenda Morris and Scott Morris. (jv2) (Entered: 07/09/2021) |
| 08/06/2021 | 63 |
FINAL JUDGMENT. Signed by Judge Susan Hightower. (jv2) (Entered: 08/06/2021) |
| 08/06/2021 | 64 | Copies of 63 Final Judgment sent via certified mail, as to Brenda Morris and Scott Morris. (lt) (Entered: 08/06/2021) |
| 08/17/2021 | 65 | Certified Mail Return Receipt re 63 Final Judgment, as to Scott Morris and Brenda Morris. (lt) (Entered: 08/17/2021) |
