Debt Collector

Judge Al Bennett Assigned to a Familiar Real Scumbag Foreclosure Lawsuit

This is the second time this Plaintiff has been removed to SDTX in a foreclosure involving the same attorneys on both sides.

LIT UPDATE AND COMMENTARY

OCT 24, 2024

Note: This is an appeal from the judgment entered in Judge Mike Engelhart’s court, the details of which you’ll obtain by scrolling down to near the end of this article. LIT has reason to believe this apartment is where Willie Calledare lives, Nicia Vitorino’s son and he’s been evicted per this order and upon review of the state court docket. (The article’s focus is on the main property at 3219 Ashton Park Dr.).

Court of Appeals for the First District of Texas at Houston

Order

Appellate case name:           Nicia Vitorino, as Assignee of William Calledare v. Post Oak Crossing Council of Co-Owners

Appellate case number:       01-24-00717-CV Trial court case number:               2022-39990

Trial court:                            151st District Court of Harris County

On September 23, 2024, appellant, Nicia Vitorino, as assignee of William Calledare, proceeding pro se, filed a notice of appeal from the trial court’s September 10, 2024 “Final Order Grating Summary Judgment on Behalf of [Appellee] Post Oak Crossing Council of Co-Owners.”

Prior to the appellate record being completed, on October 10, 2024, appellant filed, in this Court, a “Motion for Temporary Restraining Order, [and] Temporary and Permanent Injunctions.”

In her motion, appellant requests that this Court grant her injunctive relief pursuant to Chapter 65 of the Texas Civil Practices and Remedies Code.

Specifically, appellant states that she “seeks to stay wrongful eviction proceedings” by appellee and requests “an immediate Temporary Restraining Order (TRO) on an ex parte basis to prevent imminent and irreparable damages” to appellant.

According to appellant’s motion, the underlying suit here involves a “[p]ending [w]rongful [f]oreclosure” action related to certain property located at “1818 Augusta Dr[.], No. 20 . . . a condominium unit part of Post Oak Crossing Council of Co-Owners.”

Additionally, however, according to appellant’s motion, that same property was also subject to a forcible detainer action, and in which the County Civil Court at Law No. 3 entered a judgment in favor of appellee on October 1, 2024, and set a $10,500 bond to suspend enforcement of the judgment pending appeal.

In her motion to this Court, appellant requests that we enter a temporary restraining order “to maintain and restore the status quo with respect to her rights in the Property so that the Court can decide if [appellant] is entitled to the relief she is seeking in the [t]rial [c]ourt.”

Appellant further seeks a temporary and permanent injunction.

Appellant’s motion seeks this injunctive relief “in accordance with the Texas Rules of Civil Procedure and [C]hapter 65 of the Texas Civil Practice and Remedies Code.”

However, appellant’s motion fails to establish that this Court has the authority to grant the relief requested by appellant pursuant to the cited authority.

To this end, the authority of an intermediate appellate court, such as this Court, to grant injunctive relief is limited by statute.

See TEX. GOV’T CODE ANN. § 22.221 (titled “Writ Power”).

Generally, an intermediate appellate court may only issue a writ of injunction as “necessary to enforce the jurisdiction of the court.”

See TEX. GOV’T CODE ANN. § 22.221(a);

see also In re Olson, 252 S.W.3d 747, 747 (Tex. App.—Houston [14th Dist.] 2008, orig. proceeding)

(“The purpose of a writ of injunction is to enforce or protect the appellate court’s jurisdiction.”).

Further, an appellate court may only issue a writ of injunction to “control, limit, or prevent an action in a court of inferior jurisdiction.”

In re Olson, 252 S.W.3d at 747;

see also TEX. GOV’T CODE ANN. § 22.221(b)(1)

(appellate courts may issue writs “against a judge of a district, statutory county, statutory probate county, or county court in the court of appeals district”).

Because appellee is not a court as defined by the Government Code, we may not issue a writ of injunction, in the form of a temporary restraining order, against appellee unless it is necessary to enforce our jurisdiction.

Appellant’s motion does not reflect that this Court’s jurisdiction is challenged.

Accordingly, appellant’s “Motion for Temporary Restraining Order, [and] Temporary and Permanent Injunctions” is denied.

Further, to the extent appellant’s motion seeks “to stay wrongful eviction proceedings” by appellee, such a “stay,” or suspension of enforcement of a trial court’s judgment pending appeal, is effectuated by posting security as set by the trial court.

See TEX. R. APP. P. 24.1(a)

(allowing judgment debtors to suspend enforcement by written agreement with the judgment creditor, by filing a bond, or by making a deposit with the trial court in lieu of a bond).

Here, there is no indication in the appellate record that appellants have paid a supersedeas bond set by the trial court or made a deposit in lieu of a bond.

We note that the trial court’s judgment does not set any bond for suspending enforcement of the judgment pending appeal.

However, suspension of a judgment pending appeal requires the judgment debtor to comply with the supersedeas requirements set out in Texas Rule of Appellate Procedure 24.

It is so ORDERED.

Judge’s signature:          /s/ Amparo Monique Guerra

R Acting individually     £ Acting for the Court Date:  October 17, 2024

LIT UPDATE AND COMMENTARY

(MAY 17, 2024)

LIT UPDATE AND COMMENTARY

(MARCH 31, 2024)

LOAN SPECIALIST JUDGE AL BENNETT QUIETLY ARRANGES ANOTHER LOAN MODIFICATION, ALLOWING FOR DISMISSAL OF LAWSUIT

Less than 3 weeks after dismissal, JPMorgan Chase arrange a loan modification which swallows up any equity in the home and despite claims by Plaintiff she is broke and was being paid below minimum wage. We’re not sure how her application could have been approved on a verifiable income basis – LIT having considered the allegations in related litigation.

Key facts

Original loan: $143.6k which has been in default since Feb 27, 2014.

Judge Bennett dismisses case in an order signed on Jan 10, 2023

Within 3 weeks of dismissal….

JPMorgan Chase Loan Mod: $279.4k (Feb 1, 2023) agreed, signed and notarized by Brenda Ramirez, The Lane Law Firm.

Zillow Home Value (Mar 2024): $274k

Loan mod “interest bearing” amount: $190.8k

Loan mod “no interest” amount $88.6k

Term: 40 years

How can you refinance  – being generous and taking HAR’s current home value of $295k and not Zillow/Trulia’s $274k valuation – to 95% LTV in Texas?

Here is a press release about this amendment after COVID-19 swept through the nation, causing financial hardship;

An existing home equity loan may be modified at the request of the homeowner without violating the Texas Constitution…

However, this notice does not specifically address LTV.

REPORT

Click here for the Houston January 2023 HAR report.

An upswing in new listings and further pricing moderation bode well for homebuyers in the months ahead

HOUSTON (February 8, 2023) January was an expectedly slow month for home sales across the Houston area coming out of the holidays and easing back into the more familiar pre-pandemic trending of the start of a new year.

While sales were down, there were positive indicators for consumers considering reviving their homebuying quests this year, including more robust inventory and moderating prices.

According to the Houston Association of Realtors’ (HAR) January 2023 Market Update, single-family home sales fell 29.9 percent, with 4,549 units sold compared to 6,492 in January 2022. That marks the tenth consecutive monthly decline.

However, when compared to the last January before the pandemic January of 2020, with sales volume of 4,772 units sales were down just 4.6 percent.

All housing segments experienced declines in January.

By contrast, single-family home rentals had another solid gain, demonstrating that prospective buyers continue to pivot to the rental market until mortgage rates ease and other inflationary concerns dissipate.

HAR will report on rental trends in the January 2023 Rental Home Update, to be released next Wednesday, February 15.

January was a continuation of the slowdown that began last year with an onslaught of challenging economic conditions, said HAR Chair Cathy Treviño with Side, Inc. I think what’s happening now reflects more of a return to seasonal home sales trending slower volume during the holidays and new year than a market in distress.

Certainly consumers want assurances that inflation is subsiding, so if mortgage rates stabilize and homes continue hitting the market at more affordable price points, we could expect an upswing in sales later this year.

Single family home prices rose at the slowest pace since before the pandemic. The average price increased just 1.5 percent to $381,983. The median price rose just 1.6 percent to $315,000. Those are the lowest price increases since October 2019.

January Monthly Market Comparison

January became the tenth consecutive month of negative sales, as the market recovers from strong economic headwinds, including inflation, elevated interest rates, pricing and lower inventory. Year-over-year single-family home sales fell 29.9 percent,

but when compared to January 2020, just before the pandemic, sales were down only 4.6 percent; compared to January 2018, five years ago, sales were up 1.9 percent.

The monthly housing measurements for January offer a mixed bag of readings. In addition to the drop in single-family home sales, total property sales and total dollar volume fell; single-family pending sales declined by 14.9 percent. Active listings (the total number of available properties) remained 63.4 percent ahead of their level a year ago.

Months of inventory continued to improve, growing to a 2.7-months supply in January.

Housing inventory nationally stands at a 2.9-months supply, according to the latest report from the National Association of Realtors (NAR). A 4.0- to 6.0-months supply is generally considered to make up a balanced market in which neither the buyer nor the seller has an advantage.

Single-Family Homes Update

Single-family home sales fell 29.9 percent in January, with 4,549 units sold across the Greater Houston area compared to 6,492 a year earlier.

Pricing continues to moderate after reaching record highs last spring. January’s median price increased 1.6 percent to $315,000 while the average price rose 1.5 percent to $381,983. Those are the lowest price increases since October 2019.

For a pre-pandemic perspective, January sales are down 4.6 percent compared to January 2020, when a total of 4,772 single-family homes sold.

The median price then was 34.0 percent lower at $235,000, and the average price, at $289,952, was 31.7 percent lower. Sales are 1.9 percent ahead of where they were five years ago, in January 2018, when volume totaled 4,462.

Back then, the median price was $218,950 and the average price was $271,087 reflecting pricing jumps of 43.9 percent and 41.0 percent, respectively.

Days on Market, or the actual time it took to sell a home, grew from 39 to 59 days. Months supply registered 2.7 months compared to 1.3 months a year earlier. The current national supply stands at 2.9 months, as reported by NAR.

Broken out by housing segment, January sales performed as follows:
$1 – $99,999: decreased 17.0 percent
$100,000 – $149,999: decreased 24.3 percent
$150,000 – $249,999: decreased 35.1 percent
$250,000 – $499,999: decreased 29.6 percent
$500,000 – $999,999: decreased 22.6 percent
$1M and above: decreased 25.7 percent

HAR also breaks out sales figures for existing single-family homes. Existing home sales totaled 3,255 in January, down 36.8 percent from the same month last year. The average and median sales prices were unchanged at $374,519 and $300,000, respectively.

Townhouse/Condominium Update

Townhouses and condominiums experienced their eighth consecutive monthly decline, dropping 37.1 percent year-over-year with 353 closed sales versus 561 a year earlier. The average price dropped 4.3 percent to $230,775 and the median price fell 7.7 percent to $191,000. Both figures are below the historic highs reached in April 2022. Inventory grew from a 1.5-months supply to 2.1 months.

Houston Real Estate Highlights in January

Single-family home sales fell 29.9 percent year-over-year, as the market tries to recover from economic headwinds;

All housing segments experienced negative sales.

Days on Market (DOM) for single-family homes went from 39 to 59 days;
Total property sales fell 30.9 percent with 5,650 units sold;
Total dollar volume dropped 30.9 percent to $2.0 billion;
The single-family average price rose 1.5 percent to $381,983;
The single-family median price increased 1.6 percent to $315,000;

Single-family home months of inventory registered a 2.7-months supply, up from 1.3 months a year earlier;
Townhome/condominium sales experienced their eighth straight monthly decline, falling 37.1 percent, with the average price down 4.3 percent to $230,775 and the median price up 7.7 percent to $191,000.

First, it should be noted that the appeal would be dismissed for lack of jurisdiction.

LIT’s  interested in the non-judicial foreclosure attempts during the Harris County District Court proceedings.

The Appellee’s brief lays out their view;

“On June 10, 2022, Gerdes, on behalf of the Association, issued a Notice of Trustees sale to Calledare for unpaid assessments.

The first foreclosure sale was scheduled for July 5, 2022. At no time prior to the first foreclosure sale did Calledare request a payment plan from the Association or otherwise pay the unpaid assessments.

However, on July 5, 2022, Calledare on behalf of his unverified assignee, Plaintiff Nicia Vicia Vitorino, filed a lawsuit against the Association and obtained a Temporary Restraining Order to stop the first foreclosure sale.

The foreclosure sale was re-scheduled for October 4, 2022, when the Temporary Injunction was no longer in effect.

LIT: This assertion is contradicted by the TRO signed on Oct. 4, 2022 as shown on the docket in the district court.

The Woodforest property was sold to a third-party entity, West Chase Property Solutions, LLC. Calledare was notified of his right to redeem the property during the following 90 days as permitted by the Texas Property Code § 209.011.

Calledare also received the payoff amount of $19,474.44 for redemption.

Thereafter, Calledare redeemed the Woodforest property.

On October 17, 2022, the Appellant filed his sworn petition and motion for intervention against Appellee claiming that the Appellee was engaging in deceptive trade practices. CR 185.

LIT: Kapur alleges substitute trustee is unlawfully stacking thousands of dollars in foreclosure fees e.g. unjust enrichment.

Over the course of litigation, Appellant added—but never served—appellees who were therefore never proper parties to Appellant’s claims.”

Anuj is a native Texan and Houstonian. One conversation with him and it’s obvious: The respect and professionalism that exudes from his interactions is what makes him a pleasure to work with for both clients and colleagues alike.

Anuj grew up in Alief, Texas, where he graduated from Hastings High School in the top 3% of his graduating class.

After graduating high school, he attended the University of Houston, where he was a founding member of the Houston chapter of Sigma Beta Rho Fraternity.

In 2007, he graduated from UH Magna Cum Laude with a Bachelor of Business Administration in Accounting and a minor in International Studies.

Upon graduation, Anuj joined the Houston office of PricewaterhouseCoopers (PwC) as an external auditor in their assurance department.

Prior to joining the legal field, Anuj had a successful career as an Accountant, holding the positions of an Assistant Controller and an Accounting Manager at large multi-national companies.

After seeing how legalities played a role in all aspects of life, even the accounting world, Anuj decided to attend law school at the University of Houston Law Center.

Anuj is both an Accountant and Lawyer, something he uses to his advantage in his approach to cases and in delivering the most beneficial outcome for his clients.

LIT COMMENTARY

There’s a lot of movin’ parts to this case, but none more glaringly obvious than real scumbag and real estate investor Ramesh Kapur, and the partnership with state and federal judges, and bandit lawyers in Texas.

Read the above complaint to get an inside look at the fact that Vitorino relies on Kapur financially…

From: Ramesh Kapur <kapurhouston@yahoo.com>

Subject: Reporting fraud cause no: 202012994

Message Body:

LIT earlier  reported BHAGIA’s refusal to take the citation from the Process Server and manipulated refusal. The  plaintiff filed a Motion for new trial.

Bhagia used his influence and most likely used his connection with the lower court staff.

The judge’s order was restricted and fraudulently an entry was made in court docket sheet as if the court DENIED the NEW Trial, fk deny motion to state and so fort.

This was a restricted entry any one looking into the docket sheet would presume dismissal and denial of new Trial.

Plaintiff filed the apoeal and after nine months of ordeal, mental anguish, thousands in legal fees, Cory fees, Court Reporter’s and clerk’s fee  in spending, Plaintiff saw a filing of court Reporter’s record and to his surprise that the judge’s order contained her signature granting in June 27. 2022

Plaintiff’s motion for new trial.

Plaintiff immediately notified this fraudulent entry to Burgess DC , the district clerk.

NO INVESTIGATION HAS BEEN ORDERED BUT THE REVERSAL OF THE ENTRY TOOK PLACE ON 15th Feb . 2023.

Bhagia knew exactly what the judge had ordered and had full knowledge and information .

The entry got reversed in line with the judge’s order abandoned very next day

BHAGIA WAS TELEPHONICALLY INFORMED BY A MEMBER IF COURT STAFF OF THIS EXPOSURE AS IS EVIDENT OF AN answer being filed in less than 12 hotness if reversal of entry

Bhagia and the member of court staff must be arrested and put to jail.

Plaintiff Kapur is entitled to damages and sue compensation.

This is akin to someone committed to murder but entry made of an exoneration.

What a shame the lower staff enjoy more power than even the judge.

Plaintiff Kapur sending you judge’s original obscured order and an email to Burgess and others .**

Trial case: 202012994

Appeal case; 14-22-00564-CV

This e-mail was sent from a contact form on Laws In Texas

** LIT replied with “No attachments”. No response was received.

DCA Generic Letter re deadline for trial docs; 31 March or case subject for dismissal

RE:      Court of Appeals Number:    14-22-00564-CV

Trial Court Case Number:       2020-12994

Style:   Ramesh Kapur v. Nanik Bhagia

On January 12, 2023, this court ordered a hearing in your court to determine whether documents submitted by appellant were an accurate copy of missing items.

The court asked that you make appropriate findings and recommendations, prepare a record of the proceedings, and transmit the record of the hearing to our court on or before February 13, 2023. See Tex. R. App. P. 34.5(e).

On February 13, 2023, Harris County District Clerk informed this court that no hearing date had been set and no findings had been filed.

As of today, the court has not received the requested record. Please forward the requested record to this court at the earliest possible date.

Sincerely,

\s\ Deborah M. Young, Clerk Pro Tempore

cc:        Nanik Bhagia

Ramesh Kapur (DELIVERED VIA E-MAIL)

From: Ramesh Kapur <kapurhouston@yahoo.com>

Subject: Victim of Nanik Bhagia

Message Body:

My family has gone through a lot by the action of this crook , scumbag and master-mind who buys back everyone, city inspectors, elected officials, and so forth.

UNDER a fraud scheme, he would quit paying property taxes on one of his properties and let his corporate owned property intentionally  reach to the stage of tax foreclosure let a hired person bid on that property at constable sale and buy at all cost money under other corporation name ( owned by him) at other tax sale to extinguish all other liens (mortgage, material-men, HOA and deprive legitimate lien holders of hundred of thousands of dollars)

Once the property struck off to his other corporation, he would let his wife pay even though the highest bidder who bid on his other corporation behalf ( paying money to constable)

I have pictures and photographs taken)

BHAGIA WOULD MAKE SURE HE WOULD END-UP BEING THE HIGHEST PAYING HIGHEST BIDDER BECAUSE  PROCEEDS COME BACK  TO  HIM FROM THE FORECLOSED UPON CORPORATION.

It is just like taking money from one pocket and putting in other.

However, in the process he would wipe out all the liens.

He would further spot a deceased person, file thousands of dollar of Weed Cuttting lien against deceased person owned property, file a lawsuit through a known attorney ( party-to-scam).

No one would show up, the deceased person or his legal-heir would not appear to defend and finally no one  would show up or even someone does, BHAGIA HAS HIS ATTORNEY knowing what  BHAGIA IS DOING) the property ( EXAMPLE OF Barrington Tools owned several properties ) under this scheme he now ‘legally ’ own the deceased person’s properties).

In another scheme, Crook BHAGIA  watch the tax sale and once a property is purchased by the third party and has generated large amount of excess proceeds, Crook BHAGIA would  rush to the owner who just lost property, approach him, present his card with ‘Dr. BHAGIA’ name on card, sympathize and offer a free stay for six months but illegally get an assignment of excess proceeds signed, deed signed ( one day back-dated) as if he secured interest in the foreclosed property just at the time foreclosure occurred, record assignment and deed a day after the foreclosure  (his own notary paid v high amount to notarize on back-date) recorded after the sale date ( won’t matter) file a claim on excess proceeds (again his own party-to -scheme) on the foreclosed upon but legally owned property and pocket hundred of thousands of excess proceeds.

Judge Miller once questioned him, how come you buy a day or two before foreclosure but record in County Clerk record always a day after) before the foreclosure day but recorded always a day after the foreclosure day and come to court to claim excess proceeds from the sale.

The law changed because of him that the person claiming proceeds must be a defendant in that tax suit to claim excess proceeds.

He , along with other family members, known attorney under that scheme must be investigated along with his Sheroo Bhagia (Bar card 24042916) and other attorney, party to  his scheme).

I will be happy to present  documents, photos and other record to implicate him.

I filed a cause number 2020-12994.

He was served by constable.

He did not  make appearance or filed answer, I hired also a process server who filed an affidavit for his refusal to take legal document and took pride he would not have to be worried as the case would be dismissed by the judge.

I bid the same judge ( HONORABLE Judge Palmer) his family pictured with her, accepted political contribution and threw away my case, an abuse of discretion.

I have not money to hire Appellate attorney although the case is on appeal.

He earlier brought a lawsuit against my family and under the scheme he exhorted 100k from me.

Ex-judge Halbach imposed sanctions to ensure I pay Bhagia under that scheme.  I am positive Bhagia or his attorney must have earned political ‘ contribution’

Halbach lost election.

This e-mail was sent from a contact form on Laws In Texas

202239990- 7
Ready Docket
NICIA, VITORINO vs. POST OAK CROSSING COUNCIL OF CO-OWNERS 7/5/2022 151 Civil OTHER CIVIL
202237414- 7
Case On Appeal – Civil
KAPUR, RAMESH vs.
U S BANK NATIONAL ASSOCIATION AS INDENTURE TRUSTEE
6/22/2022 234 Civil Quiet Title
202171176- 7
Ready Docket
REDDY GREENSBROOK LTD vs. KAPUR, RAMESH (D/B/A AIC MANAGEMENT COMPANY) 10/28/2021 129 Civil OTHER CIVIL
202012994- 7
ReInstated
KAPUR, RAMESH vs.
BHAGIA, NANIK
2/7/2020 215 Civil OTHER CIVIL
201756784- 7
Disposed (Final)
KAPUR, RAMESH (DOING BUSINESS AS AIC MANAGEMENT) vs. ENGELHARDT, STEVEN 8/24/2017 270 Civil Malpractice – Legal
201750625- 7
Disposed (Final)
KAPUR, RAMESH vs.
FONDREN SOUTHWEST TEMPOS ASSOCIATION INC
7/31/2017 151 Civil OTHER CIVIL
201658964- 7
Disposed (Final)
KAPUR, RAMESH vs. THE OAKS CONDOMINIUM ASSOCIATION INC 9/1/2016 164 Civil Other Injury or Damage
201624748- 7
Disposed (Final)
KAPUR, RAMESH vs.
HARRIS COUNTY APPRAISAL DISTRICT
4/19/2016 269 Civil OTHER CIVIL
201508539- 7
Disposed (Final)
BHAGIA, SAROJINA (INDIVIDUALLY AND DBA vs. KAPUR, RAMESH (INDIVIDUALLY AND D/B/A AI 2/13/2015 333 Civil OTHER CIVIL
201503473- 7
Disposed (Final)
KAPUR, RAMESH (DBA AIC MANAGEMENT) vs.
BHAGIA, NANIK S
1/22/2015 189 Civil OTHER CIVIL
201404774- 7
Disposed (Final)
AIC MANAGEMENT COMPANY vs. RIVERSTONE I ASSOCIATION INC 2/3/2014 295 Civil Foreclosure – Other
201363597- 7
Disposed (Final)
GARG, JYOTIKA vs.
HARRIS COUNTY
10/21/2013 189 Civil OTHER CIVIL
201343184- 7
Disposed (Final)
OPEN PINES CONDOMINIUM OWNERS ASSOCIATION (OPEN PINES ASSOCIATION) vs. KAPUR, RAMESH 7/24/2013 125 Civil BREACH OF CONTRACT
201328083- 7
Disposed (Final)
KAPUR, RAMESH vs.
TRAN, KENT (TRUSTEE/GALVESTON TRUST)
5/10/2013 269 Civil Debt / Contract – Fraud / Misrepresentation
201326880- 7
Disposed (Final)
KAPUR, RAMESH vs. HARRIS COUNTY 5/6/2013 080 Civil Foreclosure – Other
201300556- 7
Disposed (Final)
KAPUR, RAMESH (DBA AIC MANAGEMENT COMPAN vs.
CITY OF BAYTOWN
1/4/2013 234 Civil OTHER CIVIL
201271264- 7
Disposed (Final)
KAPUR, RAMESH (D/B/A AIC MANAGEMENT COMPANY) vs. HARRIS COUNTY 12/3/2012 269 Civil Foreclosure – Other
201252649- 7
Disposed (Final)
KAPUR, RAMESH vs.
NATIONAL LLOYDS INSURANCE COMPANY
9/11/2012 011 Civil MDL – HURRICANE IKE
201232577- 7
Disposed (Final)
KAPUR, RAMESH (DBA AIC MANAGEMENT COMPANY) vs. BANK OF AMERICA NA 6/5/2012 151 Civil Foreclosure – Other
201177605- 7
Disposed (Final)
KAPUR, RAMESH (INDIVIDUALLY AND DBA AIC MANAGEMENT vs.
NEWPORT FUND LLC
12/30/2011 152 Civil BREACH OF CONTRACT
201064963- 7
Disposed (Final)
KAPUR, RAMESH vs. WELLS FARGO BANK 10/4/2010 061 Civil Foreclosure – Other
201013051- 7
Disposed (Final)
FONDREN SOUTHWEST TEMPO ASSOCIATION INC vs.
KAPUR, RAMESH (DBA AIC MANAGEMENT COMPANY)
2/26/2010 151 Civil BILL OF REVIEW
200875890- 7
Disposed (Final)
KAPUR, RAMESH vs. WALMART CORPORATION (CORPORATION) 12/30/2008 061 Civil OTHER CIVIL
200841522- 7
Disposed (Final)
WILCREST PARK TOWNHOME OWNERS’ ASSOCIATION vs.
KAPUR, RAMESH (D/B/A AIC MANAGEMENT CO)
7/10/2008 164 Civil Other Contract
200761388- 7
Disposed (Final)
KAPUR, RAMESH vs. U S BANK N A 10/4/2007 133 Civil DECLARATORY JUDGMENT
200126263- 7
Disposed (Final)
KAPUR, RAMESH (DBA AIC MANAGEMENT)  vs.
SALOMAN BROTHERS REALTY CORPORATION
5/22/2001 125 Civil INJUNCTION
200030355- 7
Disposed (Final)
KAPUR, RAMESH  vs. GOLDSTEIN, MARK 6/16/2000 113 Civil CONTRACT
200030395- 7
Disposed (Final)
BHAGIA, NANIK S vs.
KAPUR, RAMESH (IND & DBA AIC MANAGEMENT)
6/16/2000 011 Civil OTHER CIVIL
199837673- 7
Disposed (Final)
KAPUR, RAMESH vs. KAPOOR, MRIDULA 8/7/1998 129 Civil CONTRACT
199832358- 7
Disposed (Final)
KAPUR, RAMESH  vs.
BENT TREE NATIONAL BANK
7/8/1998 151 Civil DAMAGES (OTHER)
199439971- 7
Disposed (Final)
NAVARRO, PETE  vs. VONG, DOC 8/24/1994 080 Civil PERSONAL INJURY (NON-AUTO)
198611327- 7
Disposed (Final)
KAPUR, RANJANI  vs.
KAPUR, YODH RAJ
3/11/1986 257 Family DIVORCE

Vitorino v. JP Morgan Chase Bank National Association

(4:22-cv-03452)

District Court, S.D. Texas, Judge Al “Bent” Bennett

OCT 6, 2022 | REPUBLISHED BY LIT: OCT 16, 2022

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-03452

Vitorino v. JP Morgan Chase Bank National Association
Assigned to: Judge Alfred H Bennett

Related Case: 4:18-cv-03285
Case in other court:  165th Judicial District, 22-54935

Cause: 28:1332 Diversity-Petition for Removal

Date Filed: 10/06/2022
Date Terminated: 01/10/2023
Jury Demand: Both
Nature of Suit: 290 Real Property: Other
Jurisdiction: Diversity

 

Date Filed # Docket Text
10/20/2022 4 CERTIFICATE OF INTERESTED PARTIES by Nicia Vitorino, filed.(Lane, Robert) (Entered: 10/20/2022)
10/26/2022 5 ANSWER to 1 State Court Petition/Notice of Removal, COUNTERCLAIM against Nicia Vitorino by JP Morgan Chase Bank, National Association, filed. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Lewis, William) (Entered: 10/26/2022)
11/11/2022 6 RESPONSE to 5 Answer to State Court Petition/Notice of Removal,, Counterclaim, , filed by Nicia Vitorino. (Lane, Robert) (Entered: 11/11/2022)
01/09/2023 7 STIPULATION of Dismissal and Motion for Entry of Agreed Judgment by JP Morgan Chase Bank, National Association, filed. (Attachments: # 1 Proposed Order Agreed Judgment)(Hytken, Rachel) (Entered: 01/09/2023)
01/10/2023 8 AGREED JUDGMENT. Case terminated on January 10, 2023. (Signed by Judge Alfred H Bennett) Parties notified.(JacquelineMata, 4) (Entered: 01/12/2023)

 


 

PACER Service Center
Transaction Receipt
02/03/2023 23:01:51

No movement since response filed Nov. 11.

No movement since response filed Nov. 11.

No movement since response filed Nov. 11.

NOV. 11, 2022

Response

NOV. 10, 2022

No movement since Oct. 29 counterclaim/answer

Y’all Take Note, it May Never Happen that meeting, Sua Sponte ‘n’ all.

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons.

Initial Conference set for 2/10/2023 at 09:30 AM in Courtroom 9A before Judge Alfred H Bennett.

(Signed by Judge Alfred H Bennett) Parties notified.(ClaudiaGutierrez, 4) (Entered: 10/07/2022)

Counterclaim AND Answer to State Court Petition/Notice of Removal (Oct 26)

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-03452

Create an Alert for This Case on RECAP

Vitorino v. JP Morgan Chase Bank National Association
Assigned to: Judge Alfred H Bennett

Related Case: 4:18-cv-03285
Case in other court:  165th Judicial District, 22-54935

Cause: 28:1332 Diversity-Petition for Removal

Date Filed: 10/06/2022
Jury Demand: Both
Nature of Suit: 290 Real Property: Other
Jurisdiction: Diversity
Plaintiff
Nicia Vitorino
formerly known as
Nicia Calledare
represented by Joshua David Gordon
The Lane Law Firm, PLLC
6200 Savoy Dr
Ste 1150
Houston, TX 77036
713-595-8200
Email: joshua.gordon@lanelaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDRobert Chamless Lane
The Lane Law Firm, PLLC
6200 Savoy Dr
Ste 1150
Houston, TX 77036
713-595-8200
Email: notifications@lanelaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
JP Morgan Chase Bank, National Association represented by Rachel L Hytken
Quilling, Selander, Lownds, Winslett & Moser, P.C.
Bryan Tower
2001 Bryan St, Ste. 1800
Dallas, TX 75201
214-880-1829
Fax: 214-871-2111
Email: rhytken@qslwm.com
ATTORNEY TO BE NOTICEDWilliam Lance Lewis
Quilling Selander et al
2001 Bryan St
Suite 1800
Dallas, TX 75201
214-871-2100
Fax: 214-871-2111
Email: llewis@qslwm.com
ATTORNEY TO BE NOTICED

 

Date Filed # Docket Text
10/06/2022 1 NOTICE OF REMOVAL from 165th Judicial District Court, case number 2022-54935 (Filing fee $ 402 receipt number ATXSDC-28892220) filed by JP Morgan Chase Bank, National Association. (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit A-4, # 6 Exhibit B, # 7 Civil Cover Sheet)(Lewis, William) (Entered: 10/06/2022)
10/06/2022 2 CORPORATE DISCLOSURE STATEMENT by JP Morgan Chase Bank, National Association identifying The Vanguard Group, Inc. as Corporate Parent, filed.(Hytken, Rachel) (Entered: 10/06/2022)
10/07/2022 3 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 2/10/2023 at 09:30 AM in Courtroom 9A before Judge Alfred H Bennett. (Signed by Judge Alfred H Bennett) Parties notified.(ClaudiaGutierrez, 4) (Entered: 10/07/2022)

 


 

PACER Service Center
Transaction Receipt
10/16/2022 14:10:47
202254935- 7
Disposed (Final)
VITORINO, NICIA (F/K/A NICIA CALLEDARE) vs. JP MORGAN CHASE BANK NATIONAL ASSOCIATION 8/31/2022 165 Civil Other Property
202102915- 7
Ready Docket
VITORINO, NICIA vs.
KAPUR, RAMESH (INDIVIDUALLY AND DOING BUSINESS AS AIC MANAGEMENT
1/19/2021 334 Civil Debt / Contract – Debt / Contract
201851814- 7
Disposed (Final)
VITORINO, NICIA vs. JP MORGAN CHASE BANK NATIONAL ASSOCIATION 8/3/2018 215 Civil Foreclosure – Other

202239990 –

NICIA, VITORINO (AND RAMESH KAPUR) vs. POST OAK CROSSING COUNCIL OF CO-OWNERS 

(Court 151, JUDGE MIKE ENGELHART)

JUL 5, 2022 | REPUBLISHED BY LIT: MAR 12, 2023

Motion for Summary Judgment hearing Nov. 20, 2023.

ORDER SIGNED GRANTING MOTION T0 DISMISS IN PART SEE D/S – PARTIAL DISMISSAL ON DEFENDANT’S MOTION

Plaintiffs Original Sworn Petition for Temporary Restraining Order, Temporary Injunction, Permanent Injunction and Request for Disclosure

Mailing Address for Kapur, returned undeliverable

Plaintiffs Opposition to Defendants Motion to Dismiss Pursuant to Texas Rule of Civil Procedure 91a

202254935

VITORINO, NICIA (F/K/A NICIA CALLEDARE) vs. JP MORGAN CHASE BANK NATIONAL ASSOCIATION 

(Court 165, JUDGE URSULA HALL)

AUG 31, 2022 | REPUBLISHED BY LIT: OCT 6, 2022

Removed to Federal Court on Oct 6, 2022

Vitorino f/k/a Nicia Calledare v. JP Morgan Chase Bank, National Association

(4:18-cv-03285)

District Court, S.D. Texas, Judge Kenneth Hoyt

SEP 14, 2018 | REPUBLISHED BY LIT: OCT 16, 2022

The case would be dismissed without prejudice in Nov. 2018.

It’s  taken 4 years to return to SDTX Federal court.

202102915

VITORINO, NICIA vs. KAPUR, RAMESH

(INDIVIDUALLY AND DOING BUSINESS AS AIC MANAGEMENT

(Court 334, JUDGE DAWN ROGERS)

AUG 31, 2022 | REPUBLISHED BY LIT: OCT 6, 2022

Judge Al Bennett is Keepin’ it H-Town Real with a Burger at Barry n Sewart

Judge Alfred Bennett, a former Harris County State Court Judge is bound to be very familiar with the lawyers in this case.

Real Scumbags Series: Who is Real Estate Investor Ramesh Kapur DBA AIC Management?

We’re trackin’ Ramesh Kapur, DBA AIC Management Co.’s lawsuits, lawyers and real estate dealings and of course, the family tree.

Real Scumbags Series: Who is Slum Lord and Real Estate Investor Nanik ‘Nick’ Bhagia?

Decades of city violations for their slum lord rental apartments, including death, injury and alleged insurance fraud ain’t stopping Bhagia.

Judge Al Bennett Assigned to a Familiar Real Scumbag Foreclosure Lawsuit
1 Comment

1 Comment

  1. Sam Kapur

    July 17, 2023 at 5:39 am

    In a scheme to fraud IRS, BHAGIA , the real scumbag sells a house in CASG, get the check which is cashed at ‘ Senor’ check cashing place . The check never hits BHAGIA’s account and thus no record prevails of selling the property for cash.

    It must be investigated how many properties owned byvBhagia or his family have Ben sold for cash and checks cashed at ‘Senor’ Check Cashing business.

Leave a Reply

Your email address will not be published. Required fields are marked *

To Top