LIT UPDATE (2024)
FEB. 1, 2024
LIT’s swingin’ back around to see who owns the property in 2024 after the judgment of foreclosure last yr.
Deutsche Bank National Trust Company v. Washington
(4:23-cv-00933)
District Court, S.D. Texas, Judge Rosenthal
MAR 14, 2023 | REPUBLISHED BY LIT: APR 24, 2023
FEB. 1, 2024
LIT’s swingin’ back around to see who owns the property in 2024 after the judgment of foreclosure last yr.
FINAL DEFAULT JUDGMENT
Came on to be considered the above-entitled and numbered cause wherein Plaintiff Deutsche Bank National Trust Company, as Trustee for CDC Mortgage Capital Trust 2003-HE4, Mortgage Pass-Through Certificates, Series 2003-HE4 (“Plaintiff”) is the Plaintiff and Rodney Washington (“Defendant”) is the Defendant. Despite having been duly and legally summoned to appear and answer, Defendant failed to appear and answer, and wholly made default on Plaintiff’s claims against him.
Plaintiff’s Original Complaint (“Complaint”) was served upon the Defendant according to law and returned to the Clerk where it remained on file for the time required by law. The Court has read the pleadings and the papers on file, and is of the opinion that the allegations of Plaintiff’s Complaint have been admitted by Defendant. The Court further finds that Plaintiff does not seek monetary damages against the Defendant, but instead seeks certain declarations and a judgment allowing foreclosure of the real property which is the subject of this action.
In light of the Defendant’s default and the nature of Plaintiff’s claims, the Court orders as follows:
It is ORDERED, ADJUDGED AND DECREED that the material allegations of the Complaint be and are deemed admitted as to Defendant Rodney Washington.
It is further,
ORDERED, ADJUDGED AND DECREED the Motion for Default Judgment is
GRANTED in its entirety.
It is further,
ORDERED, ADJUDGED AND DECREED that an event of default has occurred on that certain Texas Home Equity Note (Fixed Rate – First Lien) executed on or about August 25, 2003, by Decedent Lois Washington (“Decedent” or “Borrower”), in the principal amount of $48,000.00, originally payable to Axiom Financial Services, a division of Accredited Home Lenders, Inc., a California Corporation (“Axiom”) (hereinafter “Note”).
It is further,
ORDERED, ADJUDGED AND DECREED that that certain Texas Home Equity Security Instrument (First Lien) dated August 25, 2003, executed by Decedent, and recorded as Instrument No. W99332 in the real property records of Harris County, Texas (“Security Instrument” and together with the Note, “Loan Agreement”), provides that Plaintiff as the current owner of the Note and mortgagee of the Security Instrument, in the event of a default on the obligations on the Note, with a first lien security interest on that certain real property commonly known as 6234 Rietta Street, Houston, Texas 77016, and more particularly described as follows:
LOT 18, IN BLOCK 4, OF TIDWELL TIMBERS, A SUBDIVISION IN HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN VOLUME 74, PAGE 37 OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS. (The “Property”).
It is further,
ORDERED, ADJUDGED AND DECREED that Plaintiff is the current holder and owner of the Note and beneficiary of the Security Instrument. Plaintiff is also a mortgagee as that term is defined in section 51.0001(4) of the Texas Property Code.
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; prejudgment interest at the Note interest rate of 8.69%; post-judgment interest at the Note interest rate of 8.69%; and costs of court. It is further,
ORDERED, ADJUDGED AND DECREED that Plaintiff or its successors or assigns, may proceed with foreclosure on 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, should Plaintiff proceed with foreclosure on the Property then, the purchaser at the foreclosure sale will be vested with all of Defendant’s interest, rights, and title in the Property.
ORDERED, ADJUDGED AND DECREED that all foreclosure notices may be mailed to Defendant Rodney Washington, at 6234 Rietta Street, Houston, Texas 77016.
It is further,
ORDERED, ADJUDGED AND DECREED that all costs are to be taxed against Defendant, not as a personal judgment but as a further obligation on the debt.
It is further,
ORDERED, ADJUDGED AND DECREED that this Order is a Final Judgment and fully and finally resolves all claims between Plaintiff and Defendant.
All relief requested and not herein granted is denied.
SIGNED on this the 22nd day of May 2023 at Houston, Texas.
Lee H. Rosenthal
United States District Judge
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:23-cv-00933
| Deutsche Bank National Trust Company v. Washington Assigned to: Judge Lee H Rosenthal Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 03/14/2023 Date Terminated: 05/22/2023 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 04/28/2023 | 7 | RETURN of Service of SUMMONS Executed as to Rodney Washington served on 3/30/2023, answer due 4/20/2023, filed.(Frame, Nicholas) (Entered: 04/28/2023) |
| 05/19/2023 | 8 | REQUEST for Entry of Default against Rodney Washington by Deutsche Bank National Trust Company, filed. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Frame, Nicholas) (Entered: 05/19/2023) |
| 05/19/2023 | 9 | MOTION for Default Judgment against Rodney Washington by Deutsche Bank National Trust Company, filed. Motion Docket Date 6/9/2023. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Frame, Nicholas) (Entered: 05/19/2023) |
| 05/22/2023 | 10 | FINAL JUDGMENT. Case terminated on May 22, 2023.(Signed by Judge Lee H Rosenthal) Parties notified.(JacquelineMata, 4) (Entered: 05/22/2023) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 05/24/2023 05:53:09 |
ORDER Scheduling Rule 16 Conference With the Court and Setting Out the Requirements for Initial Pretrial Work. Initial Conference set for 6/30/2023 at 10:20 AM by video before Judge Lee H Rosenthal.
From and including: Tuesday, March 14, 2023
To, but not including Friday, June 30, 2023
Result: 108 days
It is 108 days from the start date to the end date, but not including the end date.
Or 3 months, 16 days excluding the end date.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:23-cv-00933
| Deutsche Bank National Trust Company v. Washington Assigned to: Judge Lee H Rosenthal Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 03/14/2023 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Deutsche Bank National Trust Company | represented by | Nicholas Michael Frame Mackie Wolf Zientz Mann, P.C. 5177 Richmond Avenue Suite 1230 Houston, TX 77056 713-730-3219 Email: nframe@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 | ||
| Rodney Washington | ||
| Date Filed | # | Docket Text |
|---|---|---|
| 03/14/2023 | 1 | COMPLAINT against Rodney Washington (Filing fee $ 402 receipt number ATXSDC-29599177) filed by Deutsche Bank National Trust Company, as Trustee for CDC Mortgage Capital Trust 2003-HE4, Mortgage Pass-Through Certificates, Series 2003-HE4. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Cronenwett, Mark) (Entered: 03/14/2023) |
| 03/14/2023 | 2 | CERTIFICATE OF INTERESTED PARTIES by Deutsche Bank National Trust Company, as Trustee for CDC Mortgage Capital Trust 2003-HE4, Mortgage Pass-Through Certificates, Series 2003-HE4, filed.(Frame, Nicholas) (Entered: 03/14/2023) |
| 03/14/2023 | 3 | Request for Issuance of Summons as to Rodney Washington, filed.(Frame, Nicholas) (Entered: 03/14/2023) |
| 03/15/2023 | 4 | ORDER Scheduling Rule 16 Conference With the Court and Setting Out the Requirements for Initial Pretrial Work. Initial Conference set for 6/30/2023 at 10:20 AM by video before Judge Lee H Rosenthal. (Signed by Judge Lee H Rosenthal) (Attachments: # 1 Attachments) Parties notified.(AkeitaMichael, 4) (Entered: 03/15/2023) |
| 03/15/2023 | 5 | Summons Issued as to Rodney Washington. Issued summons delivered to plaintiff by NEF, filed.(hlerma, 4) (Entered: 03/15/2023) |
| 04/04/2023 | 6 | ORDER on Initial Discovery Protocols for Residential Mortgage Cases.(Signed by Judge Lee H Rosenthal) Parties notified.(leddins, 4) (Entered: 04/04/2023) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 04/24/2023 11:41:43 |
202244523 –
DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE OR vs. WASHINGTON, DAVID
(Court 125, JUDGE KYLE CARTER)
JUL 25, 2022 | REPUBLISHED BY LIT: APR 24, 2023
Plaintiff’s Notice of Nonsuit without Prejudice
ORDER OF NON-SUIT SIGNED
202280591 –
GREENSBROOK COMMUNITY ASSOCIATION INC vs. WASHINGTON, RODNEY
DEC 13, 2023 | REPUBLISHED BY LIT: APR 24, 2023
FEB. 1, 2024
Case still open over a year later…the courts select who they want to expedite based on bias and personal interest.
Case percolatin’
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