Debt Collector

Foreclosure: Leal Lindsey Sued by the Wolves in Federal Court Finds a Path the Judge Bennett

Judge Bennett is receiving a lion’s share of foreclosure cases on his docket via the blind draw assignment process in S.D. Texas, Houston.

OPERATION CLEANUP

THE WOLVES, THE CATHOLIC BANDIT ALONG WITH JUDGES BENNETT N’ HO ARE CLEANIN’ HOUSE

This case is being dismissed without prejudice after LIT’s current and ongoing investigations, which are being literally live-streamed on social media via X (Twitter).

Here, the Wolves were pursuing their usual theft of homes after death of the homeowner(s). However, this case came with a critical detail that was admitted by the family’s estate which US Bank, PHH, their counsel and the court blanked. Now that’s haunting them and we’ll gladly explain why shortly.

U.S. Bank N.A. v. Lindsey

(4:22-cv-03499)

District Court, S.D. Texas, Judge Al ‘Bent’ Bennett

OCT 11, 2022 | REPUBLISHED BY LIT: OCT 12, 2022
Jun 22, OCT 13, 2023

One Year Later….

JAN 18, FEB 15, 2024

2024: Mag Judge Ho: You cannot get your insurance funds from PHH Mortgage, your servicer, but you can come to court as a lawyer claiming clients own a property they’ve stolen from a distressed homeowner and we’ll turn a blind eye to the mortgage fraud.

Date LIT last updated / visited article

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-03499

U.S. Bank Trust Company, National Association, as Trustee, as Successor-in-Interest to U.S. Bank, et al v. Lindsey
Assigned to: Judge Alfred H Bennett
Referred to: Magistrate Judge Yvonne Y Ho
Cause: 28:1332 Diversity-Breach of Contract
Date Filed: 10/11/2022
Jury Demand: Defendant
Nature of Suit: 290 Real Property: Other
Jurisdiction: Diversity

 

Date Filed # Docket Text
02/08/2024 46 NOTICE of Resetting. Parties notified. Initial Conference reset for 2/13/2024 at 10:00 AM by video before Magistrate Judge Yvonne Y Ho, filed. (RachelWillborg, 4) (Entered: 02/08/2024)
02/13/2024 47 SCHEDULING ORDER: Amended Pleadings due by 5/20/2024. Pltf Expert Report due by 7/5/2024. Deft Expert Report due by 8/5/2024. Discovery due by 10/4/2024. Dispositive Motion Filing due by 10/4/2024. Joint Pretrial Order due by 1/31/2025. Docket Call set for 2/21/2025 at 01:30 PM in Courtroom 9A before Judge Alfred H Bennett. Jury Trial set for 2/24/2025 at 09:00 AM in Courtroom 9A before Judge Alfred H Bennett. (Signed by Magistrate Judge Yvonne Y Ho) Parties notified. (RachelWillborg, 4) (Main Document 47 replaced on 2/13/2024) (RachelWillborg, 4). (Entered: 02/13/2024)
02/15/2024 48 NOTICE of Dismissal as to All Defendants by U.S. Bank N.A., filed. (Attachments: # 1 Proposed Order)(Gregory, John) (Entered: 02/15/2024)

 


 

PACER Service Center
Transaction Receipt
02/15/2024 13:12:13

Memorandum and Recommendations

Extract, in part;

Lindsey cannot compel a third-party insurer to release funds.

Before retaining counsel, Lindsey submitted a filing styled as a “motion to compel the release of decease [sic] homeowner insurance funds to settle this civil suit.”

Dkt. 26.

The motion requests that PHH Mortgage, which she describes as the insurer of the Property, be required “to cover the cost of the property in controversy and the requested amount by” U.S. Bank.3

Id. at 1.

There is no legal basis for Lindsey’s requested relief.

PHH Mortgage is not a party to this suit.

That alone precludes compelling it to provide any funds.

And even if PHH Mortgage insured the Property, Lindsey submitted no evidence suggesting that the policy would cover the amounts sought by U.S. Bank for non-payment of the loan.

Nor is there any indication that Lindsey has the right to compel payment of any such benefits. Lindsey’s motion to compel PHH Mortgage to “release” insurance funds should be denied.

Based on other filings, PHH Mortgage appears to be the loan servicing company, not an insurer. See Dkt. 1-1 at 38 (PHH Mortgage name on notice of default).

Return of Service Executed

Order on Motion to Substitute

MOTION for Appointment of Guardian Ad Litem by U.S. Bank N.A., filed. Motion Docket Date 3/29/2023.

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-03499

U.S. Bank Trust Company, National Association, as Trustee, as Successor-in-Interest to U.S. Bank, et al v. Lindsey
Assigned to: Judge Alfred H Bennett
Cause: 28:1332 Diversity-Breach of Contract
Date Filed: 10/11/2022
Jury Demand: None
Nature of Suit: 290 Real Property: Other
Jurisdiction: Diversity

 

Date Filed # Docket Text
03/08/2023 21 MOTION for Appointment of Guardian Ad Litem by U.S. Bank N.A., filed. Motion Docket Date 3/29/2023. (Attachments: # 1 Proposed Order)(Cox, Sarah) (Entered: 03/08/2023)
03/10/2023 22 MOTION to Substitute Party in place of U.S. Bank N.A. by U.S. Bank N.A., filed. Motion Docket Date 3/31/2023. (Attachments: # 1 Proposed Order)(Cox, Sarah) (Entered: 03/10/2023)
03/10/2023 23 RETURN of Service of SUMMONS Executed as to Destiny Ross served on 2/9/2023, answer due 3/2/2023, filed.(Cox, Sarah) (Entered: 03/10/2023)
03/30/2023 24 RETURN of Service of SUMMONS Executed as to Cheryl Ahamba served on 3/1/2023, answer due 3/22/2023, filed.(Cox, Sarah) (Entered: 03/30/2023)
03/30/2023 25 MOTION to Substitute Service on Defendant Bermoine Lindsey, Jr. by U.S. Bank N.A., filed. Motion Docket Date 4/20/2023. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Cox, Sarah) (Entered: 03/30/2023)
04/04/2023 26 MOTION to Compel The Release of Decease Homeowner Insurance Funds to Settle This Civil Suit by Diana Lindsey, filed. Motion Docket Date 4/25/2023. (AkeitaMichael, 4) (Main Document 26 replaced on 4/5/2023) (AkeitaMichael, 4). (Additional attachment(s) added on 4/5/2023: # 1 Unredacted attachment) (AkeitaMichael, 4). (Entered: 04/04/2023)
04/10/2023 27 ORDER granting 22 Motion to Substitute Party.(Signed by Judge Alfred H Bennett) Parties notified.(ledwards, 4) (Entered: 04/10/2023)
04/13/2023 28 NOTICE of Appearance by Mark A. Carrigan on behalf of Diana Lindsey, filed. (Carrigan, Mark) (Entered: 04/13/2023)
04/13/2023 29 ORDER granting 21 Motion to Appoint. Scott Link appointed as Guardian Ad Litem.(Signed by Judge Alfred H Bennett) Parties notified.(ledwards, 4) (Entered: 04/13/2023)
04/14/2023 30 NOTICE of Setting. Parties notified. Status Conference set for 6/23/2023 at 10:00 AM in Courtroom 9A before Judge Alfred H Bennett, filed. (ledwards, 4) (Entered: 04/14/2023)
04/17/2023 31 PROPOSED ORDER , filed.(Cox, Sarah) (Entered: 04/17/2023)

 


 

PACER Service Center
Transaction Receipt
04/27/2023 17:07:38

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.

(AntonioBanda, 4) (Entered: 10/12/2022)

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-03499

U.S. Bank N.A. v. Lindsey
Assigned to: Judge Alfred H Bennett
Cause: 28:1332 Diversity-Breach of Contract
Date Filed: 10/11/2022
Jury Demand: None
Nature of Suit: 290 Real Property: Other
Jurisdiction: Diversity

 

Date Filed # Docket Text
12/07/2022 6 First AMENDED COMPLAINT against Venissa Ford, Jason Mosley, Quinten Tyler, Cheryl Ahamba, Bernal Lindsey, Bermoine Lindsey, Jr, Destiny Ross, Jermoine Lindsey, Elaine Jackson, as Next Friend of A.L, Adrain Lindsey, Marcus Lindsey, Diana Lindsey filed by U.S. Bank N.A.. Related document: 1 Complaint, filed by Registered Holders of MASTR Asset Backed Securities Trust, 2006-AM1, Mortgage Pass-Through Certificates, Series 2006-AM1. (Attachments: # 1 Exhibit)(Cox, Sarah) (Entered: 12/07/2022)
12/07/2022 7 Request for Issuance of Summons as to Cheryl Ahamba, Elaine Jackson, as Next Friend of A.L, Venissa Ford, Adrain Lindsey, Bermoine Lindsey, Jr, Bernal Lindsey, Diana Lindsey, Jermoine Lindsey, Marcus Lindsey, Jason Mosley, Destiny Ross, Quinten Tyler, filed.(Cox, Sarah) (Entered: 12/07/2022)
12/07/2022 8 Amended CERTIFICATE OF INTERESTED PARTIES by U.S. Bank N.A., filed.(Cox, Sarah) (Entered: 12/07/2022)
12/09/2022 9 Summons Issued as to Cheryl Ahamba, Elaine Jackson, as Next Friend of A.L, Venissa Ford, Adrain Lindsey, Bermoine Lindsey, Jr, Bernal Lindsey, Diana Lindsey, Jermoine Lindsey, Marcus Lindsey, Jason Mosley, Destiny Ross, Quinten Tyler. Issued summons delivered to plaintiff by NEF, filed.(RhondaMooreKonieczny, 4) (Entered: 12/09/2022)
01/11/2023 10 RETURN of Service of SUMMONS Executed as to Venissa Ford served on 12/20/2022, answer due 1/10/2023, filed.(Cox, Sarah) (Entered: 01/11/2023)
01/31/2023 11 MOTION for Continuance of Initial Pretrial Scheduling Conference, by U.S. Bank N.A., filed. Motion Docket Date 2/21/2023. (Attachments: # 1 Proposed Order)(Cox, Sarah) (Entered: 01/31/2023)

 


 

PACER Service Center
Transaction Receipt
02/03/2023 22:49:44

MOTION for Continuance of Initial Pretrial Scheduling Conference, by U.S. Bank N.A., filed.

Motion Docket Date 2/21/2023.

(Attachments: # 1 Proposed Order)

(Cox, Sarah) (Entered: 01/31/2023)

No movement or answer since conference set on Oct 12.

No movement or answer since conference set on Oct 12.

No movement since conference set on Oct 12.

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-03499

Create an Alert for This Case on RECAP

U.S. Bank N.A. v. Lindsey
Assigned to: Judge Alfred H Bennett
Cause: 28:1332 Diversity-Breach of Contract
Date Filed: 10/11/2022
Jury Demand: None
Nature of Suit: 290 Real Property: Other
Jurisdiction: Diversity
Plaintiff
U.S. Bank N.A.
agent of
Registered Holders of MASTR Asset Backed Securities Trust, 2006-AM1, Mortgage Pass-Through Certificates, Series 2006-AM1
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
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDSarah Sibley Cox
Mackie Wolf Zientz & Mann, P. C.
14160 North Dallas Parkway
Suite 900
Dallas, TX 75254
214-635-2650
Fax: 214-635-2686
Email: scox@mwzmlaw.com
ATTORNEY TO BE NOTICED
V.
Defendant
Leal Lindsey

 

Date Filed # Docket Text
10/11/2022 1 COMPLAINT against Leal Lindsey (Filing fee $ 402 receipt number ATXSDC-28905792) filed by U.S. Bank N.A., As Trustee for the Registered Holders of MASTR Asset Backed Securities Trust, 2006-AM1, Mortgage Pass-Through Certificates, Series 2006-AM1. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Cronenwett, Mark) (Entered: 10/11/2022)
10/11/2022 2 CERTIFICATE OF INTERESTED PARTIES by U.S. Bank N.A., As Trustee for the Registered Holders of MASTR Asset Backed Securities Trust, 2006-AM1, Mortgage Pass-Through Certificates, Series 2006-AM1, filed.(Cox, Sarah) (Entered: 10/11/2022)
10/11/2022 3 Request for Issuance of Summons as to Leal Lindsey, filed.(Cox, Sarah) (Entered: 10/11/2022)
10/12/2022 4 Summons Issued as to Leal Lindsey. Issued summons delivered to plaintiff by NEF, filed.(ShannonHolden, 4) (Entered: 10/12/2022)
10/12/2022 5 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.(AntonioBanda, 4) (Entered: 10/12/2022)

 


 

PACER Service Center
Transaction Receipt
10/19/2022 07:38:45

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Foreclosure: Leal Lindsey Sued by the Wolves in Federal Court Finds a Path the Judge Bennett
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