Leroy Ramirez and Erika Herrera Ramirez
(13-52576-cag)
United States Bankruptcy Court, W.D. Texas
SEP 25, 2013 | REPUBLISHED BY LIT: OCT 20, 2021
After detailed review of this case the short summary is the foreclosed home is currently worth $88,500 and the cost for the attorneys is likely to be in the hundreds of thousands of dollar range. The bank failed in its appeals so far and the W.D. Tex. bankruptcy judge recently affirmed (Sep. 17, 2021) that attorneys for debtors can recover their fees, subject to a verdict in their favor in Bee District Court. The Texas Supreme Court has abated the pending petition until the end of November, for the anticipated settlement agreement to be finalized.
ORDER
1 The motion for extension of time to file petition for review, filed on September 28, 2021, is ABATED to allow the parties to proceed with their settlement agreement.
2 The case is removed from the Court’s active docket until November 29, 2021, by which time the parties must file either a status report or a motion to dismiss. It is the parties’ responsibility to immediately notify this Court once the settlement agreement is approved by the bankruptcy See TEX. R. APP. P. 53.7(a).
Done at the City of Austin, this 29 day of September, 2021.
BLAKE A. HAWTHORNE, CLERK SUPREME COURT OF TEXAS
By Kristen Golby, Deputy Clerk
Excerpts from Opinion….
Bank of America informed Ramirez that he had qualified for the modification program but was required to make trial payments in April, May, and June of 2009. Ramirez made the payments on time and in full, and Bank of America continued to assure him that he had qualified for the modification and that his mortgage would not be foreclosed.
On June 2, 2009, contrary to its representations, Bank of America foreclosed on the mortgage and sold the property to the Federal National Mortgage Association (Fannie Mae).
Unaware of the foreclosure, Ramirez executed a loan modification agreement with Bank of America on July 16, 2009.
In October 2011, Seterus became the mortgage servicer. Like Bank of America, Seterus sent Ramirez monthly statements representing that he held a valid in-force mortgage and collected his monthly payments under the terms of the modification agreement, including escrow payments for insurance and taxes. In 2013, Ramirez and his wife filed for Chapter 13 bankruptcy and listed the property as an asset in their bankruptcy schedules.
Their petition was later converted to a Chapter 7 bankruptcy, and they received discharges from the bankruptcy court in January 2014.
In 2017, after continuing to make mortgage payments in the intervening years, Ramirez contacted Seterus to discuss executing a deed-in-lieu of foreclosure. It was at this point that Ramirez discovered the 2009 foreclosure.
He filed suit that same year, alleging wrongful foreclosure against Bank of America; fraud, unjust enrichment, and breach of contract against Bank of America and Seterus; violations of the Texas Debt Collection Act against Seterus; and trespass to try title against Fannie Mae.
Fees for the Lawyers
Hourly Rates; $350 for senior attorneys, $225 for associate attorneys, $150 for paralegals and $105-130 for law clerks.
DISCLOSURE OF COMPENSATION OF ATTORNEY FOR DEBTORS
1. Pursuant to 11 U.S.C. § 329(a) and Fed. Bankr. P. 2016(b), I certify that I am the attorney for the above-named debtor(s) and that compensation paid to me within one year before the filing of the petition in bankruptcy, or agreed to be paid to me, for services rendered or to be rendered on behalf of the debtor(s) in contemplation of or in connection with the bankruptcy case is as follows:
For legal services, I have agreed to accept a contingent fee as set forth in the attached court approved agreement. Any funds my firm receives will be paid from the contingent fee owed to the Law Offices of Bill Clanton P.C. with no additional obligation to the debtors, the bankruptcy estates, or the bankruptcy trustee. At this time there is no recovery upon which to calculate the contingent fee.
Prior to the filing of this statement I have received $_0.00
Balance Due $ not applicable there will not be a balance due until there is a recovery.
No compensation has been paid to date or will be paid absent a judgment or settlement In the District Court 156th Judicial District, Bee County, Texas, case number B-17-1423-CV-B pursuant to the attached agreement.
Until such judgment or settlement, the amount to be paid remains contingent and undeterminable.
Post Edited: Will Bankruptcy Debtor Attorneys Receive $750k in Fees for Bank Servicer Violating FDCPA in SDTX https://t.co/lHr0YaSFd6
— LawsInTexas (@lawsintexasusa) October 20, 2021
2. The source of the compensation paid to me was:
Debtor Other (specify) Not applicable. _X. No compensation has been paid to date or will be paid absent a judgment or settlement In the District Court 156th Judicial District, Bee County, Texas, case number B-17-1423-CV-B pursuant to the attached agreement.
3. The source of compensation to be paid to me is:
Debtor Other (specify) X , the agreement is a contingent fee arrangement with compensation, if any, to be paid from proceeds of any judgment or settlement In the District Court 156th Judicial District, Bee County, Texas, case number B-17-1423-CV-B pursuant to the attached agreement.
4. I have agreed to share the above-disclosed compensation with the Law Office of Bill Clanton, P.C. who engaged us as co-counsel pursuant to the attached agreement [Ex. 1] approved by the Court. Dkt 39.
A copy of the retainer agreement between Humphreys Wallace Humphreys, P.C., the debtors, and the trustee is also attached [Ex. 2].
The contingent fee, if any, will be shared between the Law Office of Bill Clanton, P.C. and Humphreys Wallace Humphreys P.C. with 1/3 to Law Office of Bill Clanton, P.C. and 2/3 to Humphreys Wallace Humphreys, P.C.
Any individual receiving compensation from this contingent fee is a member or employee of these respective law firms.
5. In return for the above-disclosed fee, I have agreed to render legal services for:
e. prosecuting and advancing claims in the District Court 156th Judicial District, Bee County, Texas, case number B-17-1423-CV-B and no compensation has been paid to date or will be paid absent a judgment or settlement in that matter, pursuant to the attached agreements [Exs 1 and 2]and will take action, to the extent necessary, in this Court where any action is connected to these claims.
6. By agreement with the debtor(s), the above-disclosed fee does not include the following services:
CERTIFICATION
I certify that the foregoing is a complete statement of any agreement or arrangement for payment to me for representation of the debtor(s) in this bankruptcy proceeding
Dated: 9/2/2021
_/s/ Lucius Wallace
Lucius “Luke” Wallace,
OBA #16070
Humphreys Wallace Humphreys P.C.
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Luke Wallace is a father, husband and a trial lawyer from Tulsa, Oklahoma. He graduated from the University of Tulsa College of Law in 1994 and has been practicing since.
Along with his partner, David Humphreys, he has tried jury trials from coast-to-coast. Some of these jury verdicts for consumer fraud, FDCPA, collection abuse, predatory lending, auto fraud and identity theft include:
July 2011, U.S. District Court of New Mexico, $1.26 Million in actual and punitive damages for FDCPA and state law claims.
May 2010, Oklahoma City, OK, $400,000 in actual and punitive damages for auto fraud.
October 2009, Tulsa, OK, $310,000 in actual and punitive damages for wrongful collection against Wells Fargo.
October 2009, Oklahoma City, OK, $330,000 in actual and punitive damages for auto fraud.
April 2009, Northern District of California, $500,000 in actual and punitive damages for FDCPA and state law claims.
January 2007, Baltimore, MD, $427,000 in actual and punitive damages for auto fraud.
February 2006, Orange County, California Superior Court, $347,000 in actual damages and punitive damages against North Orange County Credit Union.
November 2005, Tulsa, OK, $4.94 Million in actual and punitive damages against Ameriquest for predatory lending and wrongful collection.
November 2004, Tulsa, OK, $1.7 Million in actual and punitive damages for predatory lending and wrongful collection.
February, 2002, Sapulpa, OK, $1.35 Million in actual and punitive damages for wrongful collection against Conseco Finance.
October 2001, Tulsa, OK, $310,000 in actual and punitive damages; and
October 2000, Claremore, OK, $3 Million for emotional distress.
REPUTATION
Luke has been admitted pro hac vice for jury trials in consumer fraud cases in state and federal courts throughout the United States. Luke frequently trains other lawyers in the areas of trial practice and consumer law.
He speaks to national, state and local bar associations on FDCPA, wrongful collection, identity theft, false credit reporting, predatory lending, automobile fraud, trial skills and maximizing damages in consumer law cases.
Luke is a 2001 graduate of the Gerry Spence Trial Lawyers College, Dubois, WY. In 2004, the college recognized him and his partner, David Humphreys, as Co-Warriors of the Year for the 18-state South Central region of the country.
Luke is a member of the teaching staff of the Trial Lawyers College.
Luke has been named an Oklahoma Super Lawyer since 2006. In 2002, The National Association of Consumer Advocates awarded him and his partner, David, the Trial Advocates of the Year Award.
