Rojas v. Bank of New York Mellon Trust Company, N.A., as Trustee for Mortgage Assets Management Series I Trust
(7:22-cv-00132)
District Court, S.D. Texas
JAN 20, 2022 | REPUBLISHED BY LIT: JUN 25, 2022
Order and Opinion by Judge Micaela Alvarez
With Over $3 Billion Dollars in Fines, Ocwen Certainly Does Not Care About Homeowners, It Cares About Profits and Finchin’ Affordable Housing from American Families Every Hour of Every Day Since the Financial Crisis in 2008. It’s Not Stoppin’, Ocwen is Growing, Buying Billions of Charged-Off, Unsecured Debt from Wall St Banks. Don’t be fooled.
Judge Alvarez will accept any foreclosure cases in 2022 where Bank of New York Mellon (BONYM) is a party.
1. Mejia v. The Bank of New York Mellon Trust Company, National Association
Rapid dismissal with the now standard ending by Judge Alvarez, who has a shady past as highlighted on LIT regarding her own law firm business.
“Accordingly, Plaintiff’s attempt to stop foreclosure in this case appears to be a bad faith attempt to preclude Defendant from exercising its repeatedly adjudicated legal right to foreclose the property.
Plaintiff’s claims are DISMISSED WITH PREJUDICE and neither Plaintiff nor anyone acting on her behalf should re-attempt the same or similar claims to stop foreclosure of the property.
This case will terminate upon entry of final judgment.”
OCWEN LOAN SERVICING LLC
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (McAllen)
CIVIL DOCKET FOR CASE #: 7:22-cv-00029
| Mejia v. The Bank of New York Mellon Trust Company, National Association Assigned to: Judge Micaela Alvarez Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 01/20/2022 Date Terminated: 02/22/2022 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Plaintiff | ||
| Magdalaine Lizette Mejia | represented by | Magdalaine Lizette Mejia 1610 East 21st Mission, TX 78572 PRO SE |
| V. | ||
| Defendant | ||
| The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JP Morgan Chase Bank, as Trustee for Residential Asset Security Corporation |
represented by | Mark 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 |
| Date Filed | # | Docket Text |
|---|---|---|
| 01/20/2022 | 1 | NOTICE OF REMOVAL from Hidalgo County, 389th Judicial District, case number C-0123-22-H (Filing fee $ 402 receipt number 0541-27630327) filed by The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JP Morgan Chase Bank, as Trustee for Residential Asset Security Corporation. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Cronenwett, Mark) (Entered: 01/20/2022) |
| 01/20/2022 | 2 | CERTIFICATE OF INTERESTED PARTIES by The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JP Morgan Chase Bank, as Trustee for Residential Asset Security Corporation, filed.(Cronenwett, Mark) (Entered: 01/20/2022) |
| 01/20/2022 | 3 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 3/21/2022 at 09:00 AM before Judge Micaela Alvarez(by Judge Micaela Alvarez) Parties notified.(kanelson, 7) (Entered: 01/20/2022) |
| 01/26/2022 | 4 | MOTION to Dismiss Pursuant to Federal Rule 12(b)(6), and Brief in Support, by The Bank of New York Mellon Trust Company, National Association, filed. Motion Docket Date 2/16/2022. (Attachments: # 1 Proposed Order)(Cronenwett, Mark) (Entered: 01/26/2022) |
| 02/22/2022 | 5 |
OPINION AND ORDER regarding 4 Motion to Dismiss Pursuant to Federal Rule 12(b)(6), and Brief in Support,. (Signed by Judge Micaela Alvarez) Parties notified.(kanelson, 7) (Entered: 02/22/2022) |
| 02/22/2022 | 6 | BILL OF COSTS in total amount $402.00 by The Bank of New York Mellon Trust Company, National Association, filed.(Cronenwett, Mark) (Entered: 02/22/2022) |
| 02/22/2022 | 7 | FINAL JUDGMENT. Case terminated on 2/22/22.(Signed by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7) (Entered: 02/22/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 06/25/2022 03:30:54 |
Homeowner Denied Attorney Fees in Foreclosure Case Citing No Compensable Damage
There is also no attorney fees requested or affidavit post judgment by the foreclosure mill lawyers at Mackie Wolf and Locke Lord.
Published Versus Unpublished Opinions in Federal Circuits. Are Courts Prejudging Litigants?
Misuse of precedent-stripping rules is so common federal judges openly admit to using them for purposes not endorsed by the respective rules. ‘We do occasionally sweep troublesome issues under the rug.’ – Patricia Wald, former Chief Judge of the D.C. Circuit
Federal Magistrate Judge Garcia Resigns Abruptly in Laredo Texas and Everyone Went Quietly On About their Business
It is unclear whether Garcia gave prior notice to the court about his intentions to resign. LMT requested a copy of Garcia’s resignation letter, but the court declined to provide one or comment further as to the nature of the resignation.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (McAllen)
CIVIL DOCKET FOR CASE #: 7:22-cv-00132
| Rojas et al v. Bank of New York Mellon Trust Company, N.A., as Trustee for Mortgage Assets Management Series I Trust et al Assigned to: Judge Micaela Alvarez Cause: 28:1332 Diversity-Injunctive & Declaratory Relief |
Date Filed: 04/25/2022 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Ricardo Javier Rojas | represented by | Samuel C Beale Beale & Associates 5821 Southwest Freeway Suite 416 Houston, TX 77057 713-333-0505 Fax: 281-664-6423 Email: samuel.beale@gmail.com ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| Maria Delila Rojas | represented by | Samuel C Beale (See above for address) ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Bank of New York Mellon Trust Company, N.A., as Trustee for Mortgage Assets Management Series I Trust | ||
| Defendant | ||
| Carrington Mortgage Services LLC | ||
| Date Filed | # | Docket Text |
|---|---|---|
| 04/25/2022 | 1 | COMPLAINT against All Plaintiffs (Filing fee $ 402 receipt number ATXSDC-28077908) filed by Ricardo Javier Rojas.(Beale, Samuel) (Entered: 04/25/2022) |
| 04/26/2022 | 2 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 7/19/2022 at 09:00 AM before Judge Micaela Alvarez(by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7) (Entered: 04/26/2022) |
