Farkas v. Ocwen Loan Servicing, L.L.C.
No. 17-20488
(5th Cir. Feb. 26, 2018)
FEB 26, 2024 | REPUBLISHED BY LIT: FEB 28, 2018
A disgruntled residential property investor gets no sympathy at the Fifth Circuit, keeping Deutsche Bank and Ocwen as the winners in this opinion.
“Plaintiff–Appellant Janos Farkas initiated this action against Defendants–Appellees Ocwen Loan Servicing, LLC, Deutsche Bank Trust Company Americas, and Power Default Services, Inc., claiming that foreclosures of his two residential investment properties were barred.
Ocwen and Deutsche Bank filed a motion for judgment on the pleadings under Federal Rule of Civil Procedure 12(c).
In ruling on this motion, the district court decided that Farkas will take nothing from all three defendants. We AFFIRM.“
Farkas v Ocwen, Deutsche Bank et al
Before KING, ELROD, and HIGGINSON
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Post Edited: The Law of Restitution and Unjust Enrichment Explained https://t.co/8eGfWdoRiV
— LawsInTexas (@lawsintexasusa) December 26, 2020
DEC 22, 2016 | REPUBLISHED BY LIT: OCT 12, 2024
OCT 12, 2024
Above is the date LIT Last updated this article.
Apart from the lack of due process (see parties section below), what’s notable on revisiting this case is the discussion in the 5th Circuit opinion from 2013 (Farkas I) that as there was a TRO granted in the Harris County District Court (with $100 cash bond and a TI hearing set for Aug 5, 2011), but that no TRO/TI was required in the federal court, which is complete nonsense.
The TRO self expires upon removal and it was only a 14 day stay in any event requiring an injunction to stay proceedings in the federal court.
There is also no bond been tendered during the appeal to 5th Circuit (according to the new judicial scheme half-heartedly in place); Farkas v. GMAC Mortgage, LLC, 737 F.3d 338, 341 (5th Cir. 2013) (“Neither property, though, has been subject to a foreclosure sale due to a restraining order granted by the state court prior to removal to federal district court.”).
Parties (Bradley for Ocwen n DBNTCO)
Docket (Showing Hughes acting with bias to pro se in his court, denying ecf, reasonable filing times etc)
Check out the unpublished opinion from the Fifth Circus, authored “per curiam” by Judges King, Southwick, and Engelhardt, released today, October 11, 2024. This ruling blatantly ignores recent Texas Supreme Court cases that have dismissed their argument. https://t.co/Nzve6hdXQw pic.twitter.com/IQKD4fj1nS
— lawsinusa (@lawsinusa) October 12, 2024
201682115 –
FARKAS, JANOS vs. OCWEN LOAN SERVICING LLC
SEP 18, 2024 | REPUBLISHED BY LIT: SEP 18, 2024
201682115 –
FARKAS, JANOS vs. OCWEN LOAN SERVICING LLC
SEP 18, 2024 | REPUBLISHED BY LIT: SEP 18, 2024
Nonjudicial foreclosure I (no lawsuit or judgment required)
Nonjudicial foreclosure II (no lawsuit or judgment required)
Farkas petition cites to Texas Property Code 51.002
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:11-cv-03064
| Farkas v. GMAC Mortgage LLC et al Assigned to: Magistrate Judge Mary Milloy
Cause: 28:1446 Notice of Removal |
Date Filed: 08/22/2011 Date Terminated: 09/26/2012 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Janos Farkas | represented by | Janos Farkas 9600 Escarpment Blvd #745-43 Austin, TX 78749 PRO SE |
| V. | ||
| Defendant | ||
| GMAC Mortgage LLC | represented by | Preston Hunter Neel Bradley Arant Boult Cummings 1819 5th Ave N Birmingham, AL 35203 205-521-8491 Email: pneel@bradley.com ATTORNEY TO BE NOTICEDGraham W. Gerhardt Bradley Arant et al 1819 5th Ave N. Birmingham, AL 35203 205-521-8000 Email: ggerhardt@bradley.com ATTORNEY TO BE NOTICED |
| Defendant | ||
| Deutsche Bank Trust Company Americas | represented by | Preston Hunter Neel (See above for address) ATTORNEY TO BE NOTICEDGraham W. Gerhardt (See above for address) ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 08/22/2011 | 1 | NOTICE OF REMOVAL from 234th District, Harris County, TX, case number 2011-43834 (Filing fee $ 350 receipt number 0541-8489126) filed by GMAC Mortgage LLC, Deutsche Bank Trust Company Americas. (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit A-4, # 6 Exhibit A-5, # 7 Exhibit A-6, # 8 Exhibit A-7, # 9 Exhibit A-8, # 10 Exhibit A-9, # 11 Civil Cover Sheet)(Gerhardt, Graham) (Entered: 08/22/2011) |
| 08/22/2011 | 2 | CORPORATE DISCLOSURE STATEMENT by Deutsche Bank Trust Company Americas, GMAC Mortgage LLC, filed.(Gerhardt, Graham) (Entered: 08/22/2011) |
| 08/24/2011 | 3 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 12/16/2011 at 01:30 PM in Courtroom 9A before Judge Vanessa D Gilmore.(Signed by Judge Vanessa D Gilmore) Parties notified.(aboyd) (Additional attachment(s) added on 8/24/2011: # 1 Procedures) (aboyd, ). (Entered: 08/24/2011) |
| 08/26/2011 | 4 | MEMORANDUM AND ORDER Regarding Discovery Motions, Motions for Summary Judgment and Analogous Motions to Dismiss.(Signed by Judge Vanessa D Gilmore) Parties notified.(emares, ) (Entered: 08/26/2011) |
| 08/26/2011 | 5 | ORDER Concerning Removal.(Signed by Judge Vanessa D Gilmore) Parties notified.(emares, ) (Entered: 08/26/2011) |
| 09/09/2011 | 6 | Joint RESPONSE to 5 Order Concerning Removal, filed by Deutsche Bank Trust Company Americas, GMAC Mortgage LLC. (Gerhardt, Graham) (Entered: 09/09/2011) |
| 09/21/2011 | 7 | MOTION to Remand Case to the 234th District Court of Harris County, Texas by Janos Farkas, filed. Motion Docket Date 10/12/2011. (Attachments: # 1 Cover Letter)(glyons) (Entered: 09/21/2011) |
| 09/21/2011 | 8 | AFFIDAVIT of Janos Farkas in support of 7 MOTION to Remand, filed.(glyons) (Entered: 09/21/2011) |
| 10/11/2011 | 9 | RESPONSE in Opposition to 7 MOTION to Remand, filed by Deutsche Bank Trust Company Americas, GMAC Mortgage LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Gerhardt, Graham) (Entered: 10/11/2011) |
| 10/21/2011 | 10 | REPLY to 9 Defendants’ Brief in Opposition to 7 MOTION to Remand, filed by Janos Farkas. (kgilyard, ) (Entered: 10/24/2011) |
| 11/14/2011 | 11 | ORDER denying 7 Motion to Remand.(Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, ) (Entered: 11/15/2011) |
| 11/29/2011 | 12 | NOTICE of Appearance by Preston Neel on behalf of Deutsche Bank Trust Company Americas, GMAC Mortgage LLC, filed. (jhancock) (Entered: 11/30/2011) |
| 12/06/2011 | 13 | JOINT DISCOVERY/CASE MANAGEMENT PLAN by Deutsche Bank Trust Company Americas, GMAC Mortgage LLC, filed.(Gerhardt, Graham) (Entered: 12/06/2011) |
| 12/16/2011 | 14 | CONSENT to Jurisdiction by US Magistrate Judge by Deutsche Bank Trust Company Americas, GMAC Mortgage LLC, filed.(Gerhardt, Graham) (Entered: 12/16/2011) |
| 12/20/2011 | 15 | ORDER REFERRING CASE to Magistrate Judge Mary Milloy to conduct all further proceedings including final judgment.(Signed by Judge Vanessa D Gilmore) Parties notified.(saustin, ) (Entered: 12/22/2011) |
| 12/29/2011 | 16 | NOTICE of Setting. Parties notified. Scheduling Conference set for 1/20/2012 at 10:00 AM in Courtroom 701 before Magistrate Judge Mary Milloy, filed. COUNSEL MUST APPEAR IN-PERSON. (cjan, ) (Entered: 12/29/2011) |
| 01/20/2012 | 17 | Minute Entry for proceedings held before Magistrate Judge Mary Milloy. SCHEDULING CONFERENCE held on 1/20/2012. The court issued a scheduling order. A status conference is set for October 1, 2012 at 10:15 a.m. Parties may appear by telephone. Appearances:Janos Farkas – Plaintiff/Pro Se. – Preston Hunter Neel.(ERO:D. Clark), filed.(cjan, ) (Entered: 01/20/2012) |
| 01/20/2012 | 18 | SCHEDULING ORDER. Amended Pleadings due by 3/15/2012. Depositions due by 6/29/2012. Joinder of Parties due by 3/15/2012. Dispositive Motion Filing due by 8/1/2012. Status Conference set for 10/1/2012 at 10:15 AM in Courtroom 701 before Magistrate Judge Mary Milloy.(Signed by Magistrate Judge Mary Milloy) Parties notified.(chorace) (Entered: 01/23/2012) |
| 03/15/2012 | 19 | AMENDED Complaint against Deutsche Bank Trust Company Americas, GMAC Mortgage LLC filed by Janos Farkas. (Attachments: # 1 Continuation, # 2 Continuation, # 3 Continuation, # 4 Continuation, # 5 Continuation, # 6 Continuation, # 7 Continuation, # 8 Continuation, # 9 Continuation, # 10 Continuation, # 11 Continuation, # 12 Continuation, # 13 Continuation)(mlothmann) (Entered: 03/15/2012) |
| 03/29/2012 | 20 | ANSWER to 19 Amended Complaint/Counterclaim/Crossclaim etc., by Deutsche Bank Trust Company Americas, GMAC Mortgage LLC, filed.(Gerhardt, Graham) (Entered: 03/29/2012) |
| 07/10/2012 | 21 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Deutsche Bank Trust Company Americas, GMAC Mortgage LLC, filed. Motion Docket Date 7/31/2012. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Proposed Order)(Neel, Preston) (Entered: 07/10/2012) |
| 07/25/2012 | 22 | MOTION for90-day continuance including of extending the deadlines in the scheduling order for dispositive motions and status conference by Janos Farkas, filed. Motion Docket Date 8/15/2012. (thanniable, ) (Entered: 07/25/2012) |
| 07/31/2012 | 23 | RESPONSE in Opposition to 22 MOTION for Continuance of including of extending the deadlines in the scheduling order, filed by GMAC Mortgage LLC. (Attachments: # 1 Exhibit A)(Neel, Preston) (Entered: 07/31/2012) |
| 07/31/2012 | 24 | RESPONSE in Opposition to 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Janos Farkas. (Attachments: # 1 Proposed Order)(thanniable, ) (Entered: 08/01/2012) |
| 08/01/2012 | 25 | MOTION for Summary Judgment by Deutsche Bank Trust Company Americas, GMAC Mortgage LLC, filed. Motion Docket Date 8/22/2012. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 (Attachments A-J), # 3 Proposed Order Proposed Order)(Neel, Preston) (Entered: 08/01/2012) |
| 08/01/2012 | 26 | MOTION for Partial Summary Judgment by Janos Farkas, filed. Motion Docket Date 8/22/2012. (sguevara, ) (Entered: 08/02/2012) |
| 08/07/2012 | 27 | BRIEF Support re: 25 MOTION for Summary Judgment by Deutsche Bank Trust Company Americas, GMAC Mortgage LLC, filed. (Attachments: # 1 Proposed Order)(Neel, Preston) (Entered: 08/07/2012) |
| 08/09/2012 | 28 | NOTICE of Setting as to 22 MOTION for Continuance of including of extending the deadlines in the scheduling order. Parties notified. Telephone Conference set for 8/13/2012 at 10:30 AM Courtroom 701 before Magistrate Judge Mary Milloy, filed. (cjan, ) (Entered: 08/09/2012) |
| 08/13/2012 | 29 | Minute Entry for proceedings held before Magistrate Judge Mary Milloy. TELEPHONE CONFERENCE held on 8/13/2012 denying 22 MOTION for Continuance of including of extending the deadlines in the scheduling order. Defendant will file a proposed order to sever the claims. Appearances:Janos Farkas – Pro Se. Preston Hunter Neel.(ERO:M. Foley), filed.(cjan, ) (Entered: 08/13/2012) |
| 08/15/2012 | 30 | PROPOSED ORDER re: 23 Response in Opposition to Motion, filed.(Neel, Preston) (Entered: 08/15/2012) |
| 08/22/2012 | 31 | RESPONSE to 26 MOTION for Partial Summary Judgment filed by Deutsche Bank Trust Company Americas, GMAC Mortgage LLC. (Attachments: # 1 Exhibit 1 (Part 1), # 2 Exhibit 1 (Part 2), # 3 Exhibit 1 (Part 3), # 4 Exhibit 2, # 5 Proposed Order)(Neel, Preston) (Entered: 08/22/2012) |
| 08/23/2012 | 32 | MOTION for Leave to File Plaintiff’s Response to Defendant’s Motion for Summary Judgment by Janos Farkas, filed. Motion Docket Date 9/13/2012. (Attachments: # 1 Proposed Order)(mmapps, ) (Entered: 08/24/2012) |
| 08/23/2012 | 33 | Plaintiff’s Opposition to Defendant to 25 MOTION for Summary Judgment, filed by Janos Farkas. (Attachments: # 1 Exhibit A, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit B, # 7 Exhibit, # 8 Proposed Order)(mmapps, ) (Entered: 08/24/2012) |
| 08/24/2012 | 34 | ORDER granting 32 Motion for Leave to File Response to Motion for Summary Judgment.(Signed by Magistrate Judge Mary Milloy) Parties notified.(bthomas, ) (Entered: 08/27/2012) |
| 08/30/2012 | 35 | REPLY in Support of 25 MOTION for Summary Judgment, filed by Deutsche Bank Trust Company Americas, GMAC Mortgage LLC. (Neel, Preston) (Entered: 08/30/2012) |
| 08/31/2012 | 36 | ORDER granting 30 Proposed Order. The Court does hereby sever & stay the Plaintiff’s claims against GMAC Mortgage for violations of the Texas Civil Practices and Remedies Code and the Texas Deceptive Trade Practices Act. Plaintiff’s claims for declaratory and injunctive relief as to GMAC shall remain on the Court’s active docket. Plaintiff’s claims against Deutsche Bank Trust Company Americas, as Trustee shall remain on the Court’s active docket.(Signed by Magistrate Judge Mary Milloy) Parties notified.(bthomas, ) (Entered: 09/04/2012) |
| 09/07/2012 | 37 | REPLY to 31 Response to Motion,, filed by Janos Farkas. (Attachments: # 1 Declaration, # 2 Defendant GMAC Mortgage LLCs and Deutsche Bank Trust Company Americas as Trustee’s Response to Plaintiff’s Request for Production of Documents)(gkelner, ) (Entered: 09/07/2012) |
| 09/20/2012 | 38 | MOTION to Compel Deft DBTCA to procuce document to Pltf’s request by Janos Farkas, filed. Motion Docket Date 10/11/2012. (Attachments: # 1 Proposed Order)(hler, ) (Entered: 09/20/2012) |
| 09/25/2012 | 39 | NOTICE of Resetting as to 17 Scheduling Conference,. Parties notified. Pretrial Conference set for 10/10/2012 at 03:30 PM by telephone before Magistrate Judge Mary Milloy, filed. (kmurphy, ) (Entered: 09/25/2012) |
| 09/26/2012 | 40 | MEMORANDUM AND ORDER. 25 Defendants’ MOTION for Summary Judgment, is GRANTED, 21 , Defendants’ MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, is MOOT, and 26 Plaintiff’s MOTION for Partial Summary Judgment, is DENIED.(Signed by Magistrate Judge Mary Milloy) Parties notified.(cjan, ) (Entered: 09/26/2012) |
| 09/26/2012 | 41 | FINAL JUDGMENT. (Signed by Magistrate Judge Mary Milloy) Parties notified.(cjan, ) (Entered: 09/26/2012) |
| 09/26/2012 | 42 | ORDER mooting 38 Motion to Compel.(Signed by Magistrate Judge Mary Milloy) Parties notified.(cjan, ) (Entered: 09/26/2012) |
| 09/28/2012 | 43 | NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 41 Final Judgment by Janos Farkas (Filing fee $ 455), filed.(glyons) (Entered: 09/28/2012) |
| 10/09/2012 | 44 | DKT-13 TRANSCRIPT ORDER FORM by Janos Farkas. No hearings.. This order form relates to the following: 43 Notice of Appeal, filed.(wbostic, ) (Entered: 10/09/2012) |
| 11/16/2012 | 45 | REQUEST for Electronic Copy of Certified Record on Appeal re: 43 Notice of Appeal by Deutsche Bank Trust Company Americas, GMAC Mortgage LLC, filed.(Gerhardt, Graham) (Entered: 11/16/2012) |
| 03/01/2013 | 46 | Transmittal Letter on Appeal Certified re: 43 Notice of Appeal. A paper copy of the electronic record is being transmitted to the Fifth Circuit Court of Appeals in 8 volumes. (USCA No. 12-20668), filed.(blacy, ) UPS TRACKING # 1Z262750347006080 (Entered: 03/01/2013) |
| 03/15/2013 | 47 | NOTICE of Receipt of Record on Appeal from US Court of Appeals for the Fifth Circuit re: 43 Notice of Appeal (USCA No. 12-20668). Record received by USCA on 3/6/2013, filed.(mlothmann, ) (Entered: 03/19/2013) |
| 02/24/2014 | 48 | Order of USCA re: 43 Notice of Appeal ; USCA No. 12-20668. It is ordered and adjudged that the judgment of the District Court is affirmed…..FURTHER ORDERED that plaintiff-appellant pay to defendants-appellees the costs on appeal to be taxed by the Clerk of this Court., filed. (Attachments: # 1 Per Curiam, # 2 Letter)(mmapps, 4) (Entered: 02/24/2014) |
| 10/14/2014 | 49 | Fifth Circuit Court of Appeals LETTER advising copy of the supreme court order denying certiorari (USCA No. 12-20668), filed.(dgonzalez, 5) (Entered: 10/15/2014) |
| 10/14/2014 | 50 | The petition for a writ of certiorari filed with the Supreme Court has been denied (USCA No. 12-20668) (USSC No. 14-143), filed.(dgonzalez, 5) (Entered: 10/15/2014) |
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| 10/12/2024 14:11:18 |
LIT’s BREAKING NEWS STORY PART II COMING SOON
The decision to retain “related to” jurisdiction with concurrent proceedings, as determined by District Judge Werlein defies his own court’s precedent: General Order 2012-06 which mandates automatic transfer to Bankruptcy court. pic.twitter.com/nC01iFJRDj— lawsinusa (@lawsinusa) October 8, 2024
201143834 –
FARKAS, JANOS vs. GMAC MORTGAGE LLC (FKA GMAC MORTGAGE)
JUL 25, 2011 | REPUBLISHED BY LIT: OCT 12, 2024
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