Acceleration

As Foreclosure Mill Mackie Wolf Zientz Mann Reignites Old Eviction Suit, the Anders Family Speaks Out.

Let me first start by saying this is the only home either of my sons has ever known. I brought both of them from the hospital to this house. – Lesli Anders, Homeowner.

UPDATE; 25 MAR 2021

LIT is an ethical nonprofit blog with a focus on legal investigative journalism and strives to educate and help citizens with open access to our free blog (no paywalls). As part of our service, we may invest our time and effort to publicize a citizen’s legal case and/or story, should they wish to do so and if we believe it is a good match for our preferred content.

Honesty and integrity is a principle we fervently abide by and expect the same from anyone who seeks our assistance. At LIT, we will call out anyone – and in this case, be it on the creditor rights side or the foreclosure defense side who is untruthful or not forthcoming with the full facts of their story and/or case. When it comes to seeking the truth, we do not discriminate. Unfortunately, based on the facts presented below, it would appear to us this is one of those cases.

Homeowner Lesli Anders approached LIT with her tale of foreclosure and how this was the home ‘she brought home her babies too‘ and ‘that it is the only home her kids know‘. In good faith we published her story. However, we did have some concerns on certain parts, like her claim that she did not know about her case being reversed on appeal. That said, we gave her the benefit of the doubt.

Today Lesli emailed the following;

Just an update on our eviction case with our home of 27 yrs.

We had an audio eviction hearing yesterday in JP Court and lost

but we are appealing and intend to file suit against Ameriquest and Deutsche Bank again.

We found out what happened with our judgement we received in 2011. The attorney that was representing us withdrew, which we knew he was because he was just helping us out of a bind, not his area of law. They filed an appeal & it was sent back to District Court in 2013 and in 2014 was reversed due to no evidence because we weren’t aware of the case going back to court and were not present to prove our case. We were not notified of any cases at that time and received no notification and were not served any papers on it.

We will be going back threw the whole process again with the right kind of attorney or until we run out of money to fight them.

We had to put up $1,000 for an appeal bond but even if we have to go borrow the money we are not giving up. I have a grand baby coming home to this house in June.

They did make us an offer before the hearing yesterday, if we acknowledge and agreed to turn over the house they would give us 45 days to turn over possession instead of 5.

We laughed at them and said No Thank you.

Then after yesterday’s hearing and this law firm heard part of what what actually happened in this case and in this loan they said we didn’t have to be out till July 1st.

If our case is pending that date will not be accurate either though. I’ll keep you posted.

Thank You,

Lesli Anders
1205 CR 4730

This email raised too many red flags. It did not come across as being totally transparent, nor completely truthful. So LIT retrieved the actual court case docket for more granular information. Our suspicions were confirmed.

Lesli Anders and her husband are represented by two independent and retained lawyers. They are Nick O’Conner of McGlinchey ‘s Houston office and Sanford Holmes, Dallas. Lesli Anders was not forthcoming about having representation at any time in our email correspondence and as shown above.

We have asked Lesli Anders one question, which is pending a response at the time of posting this update;

Who is Nick O’Connor and Sanford Holmes to you?

Lesli has mentioned retaining an attorney in her prior communications – but – as with this latest email – she obfuscated the facts to make it appear as though she and her husband attended the court meeting without the aid of counsel, but – from our interpretation of the above email – fortunately a lawyer happened to hear her case and made a comment about the emergency orders preventing a writ of possession until July 1st and finally that she has paid a court bond and would be retaining a lawyer for their appeal.  However, the court docket shows she and her husband as having retained two lawyers and there is no record on the docket that either of these lawyers have sought leave to stop representing the Anders in this foreclosure case (at the bottom of this article).

Update: The Anders have now confirmed what we suggest – Sanford Holmes was retained. The other attorney, O’Connor’s name appears on the docket but it seems this is a court administrative error as the Anders deny any knowledge of this lawyer.

We are saddened and disappointed by these events. Our publishing policy commands we update our news articles with factual and accurate information. This warrants no exception.

UPDATE; 23 FEB 2021

LIT reached out to the Anders as their eviction case was due to be heard today. They advised that they’ve asked for an extension while they finalize an attorney to represent them and will keep us up-to-date.

The Deutsche Bank Foreclosure Case of the Anders, Winnsboro, Texas.

JAN 25, 2021

Jason and Lesli Anders held in their hands, a default judgment against Deutsche Bank National Trust Company, rejecting their attempted foreclosure – but that would be reversed on appeal. The Anders claim they were unaware of the appeal and reversal. Here’s their own story and where the case stands today, which they wished to share via LIT.

I’m just going to give you a brief idea of what were dealing with because it has been going on since 2005 and it’s a long ordeal.

Let me first start by saying this is the only home either of my sons has ever known. I brought both of them home from the hospital to this house and it’s the only home our family has any memories in. My husband and I purchased it about 4 months after marrying 27 yrs ago, he was 19 and I was 21.  My oldest son has moved out but my youngest still lives at home and I was planning on bringing my first grandchild home to this house in June of this year.

The house is not worth any where close to what they have financed it for. We only lacked about 8 yrs paying it off when they got us into this situation and not only stripped us of any equity but put us upside down in the house so we couldn’t have done anything with it if we had wanted to. This has occurred so long ago and over so many years its hard to remember all of it but this gives you a general idea.

We originally purchased our home, 1205 County Road 4730 Winnsboro, Tx.  in 1994, we purchased it for $44,500 and put $14,500 down so only financing $30,000 at our local bank.

In 2005 we wanted to get some of our equity out & our local bank did not do equity loans, so our loan officer recommended Ameriquest.

So, I called them and they were just all gung-ho about doing it. I never even filled out an application or anything the agent for Ameriquest did everything.

OVER-INFLATED HOME VALUATION

They sent a woman out to appraise our house, and she appraised it at being at least 2.5 times what it was actually worth, and she told me she was traveling and doing a lot of the appraisal’s for Ameriquest.

They then ask about our credit and work history in which I told them I wasn’t sure about our credit, we had always done everything at our local small town bank and I was a stay at home mom and my husband was self-employed in the concrete business.

AMERIQUIEST ISSUING CHECKS TO PAYOFF BAD DEBT BEFORE REFINANCE COMPLETE

The rep from Ameriquest pulled our credit and mine was a little bit better than Jason’s, my husband, but my score needed to come up a little more still so they sent me 4 checks made out to the items that were showing negative on my credit and had me mail them in and then call these places and make sure they were removed from my credit asap.

The rep set up a closing date for about a month away and then called us one day out of the blue and ask us to be in Quitman at a title office in just a couple of hours to sign papers for the closing. We were not even given time to review any documents. We, knowing no better, went and the closing took about 15 mins. They slung papers in front of us and told us to initial and sign.

I did however notice the note was not a fixed interest rate like the rep had said it was and I called him and was instructed just to go ahead and sign and he would fix the error.

THE RETURNING PAYMENTS FRAUD BY SERVICERS

We start making payments and the servicer for the loan kept changing like 4 times.

We missed a payment but before the next payment was due we sent the late payment in and then about a week and half later sent another payment in and they sent both payments back to us and instructed us that they wanted both payments at one time and by this time a 3rd payment was due.

We made payments threw Western Union so I didn’t know they had sent payments back until I called in and talked to a rep from AMC and she advised me that my previous 2 payments had been sent back due to one of them being late they would only accept the total amount due & not just a payment.

The next thing I know we are getting foreclosure papers.

THE LOAN MODIFICATION OFFER

I called in to the servicer and the rep said they could put us in a modification and we had to come up with $1,500 so we paid that and then we have to pay another $1,500 and I argue with them that the first $1,500 should have covered all the late payments but was told we had to make several payments of $1,500 to stay in the modification and I told the rep we could not do that.

Then in a few weeks we received foreclosure papers again.

A SERIES OF MORTGAGE SERVICERS

Right after getting the foreclosure papers the servicer changed to Citi residential.

By this time I am starting to figure out that we are in a bad situation because I could not even get any one to talk to me to tell me what was going on. I guess they dropped that foreclosure and Citi residential turned it in for foreclosure again and I could not get a rep to talk to me. I started contacting everyone I could and I contacted the legal dept of the servicer and told them how things had been handled and next thing I know they rescinded the foreclosure.

I am still trying to figure out what to do at this time and the servicer changed again.

I get online and pull up our deed records and see where it has been transferred into different people’s names and sub trustees several times.

The next servicer of course filed foreclosure because in all the changing all they would see is it was up for foreclosure and would file it again.

In 2008 they foreclosed and in 2010 they said it was in a foreclosure sale but still with Deutsche Bank.

They kept sending people out to our house in big trucks with trailers going to move us out. Then they sent out forcible detainer papers again and I am fighting them the whole time contacting whoever I could.

Finally, my husband’s grandparents had a very good family friend that did not do real estate law but family law but, he agreed to help us, and we filed suit against them.

In 2011 we received a default judgement against them.

They then filed for a forcible detainer in 2012 at our local JP’s office and we went to court and I presented my judgment to the court of course the judge asked them what they were trying to do. The judgment clearly states that the property is ours.

The judge dismissed the case.  

THE DEBT COLLECTORS KEEP COMIN’  WITH INTENT TO EVICT

Then we would get certified letters in the mail from attorneys representing Deutsche Bank.  I would send the attorney a copy of the judgment and not hear from them for a while. Then the next year I would get another letter and I would send them copy of judgment.

This year alone I have had 1 attorney from a different law firm contact me and 2 attorneys from  another attorney’s office.

The one in February 2020 filed it in JP court again and I emailed him a copy of the judgment and he dismissed it and I receive notice from JP court it had been dismissed.

The attorney in October sent a letter and I sent him a copy of judgment and never heard from him again.

Now on December the 15th I was served with papers again from the same attorney’s office as the last 2 attorneys.

I get the papers out and its an audio hearing due to Covid and I have to send in my evidence days before the hearing, so I emailed it in and I also sent a copy of judgment to this attorney. He replied and said he would get with his client and get back to me.

He then sends me an email and says that the judgement was appealed and went before the appeals court and then was sent back to District Court in 2014 and that the judgment I have is no longer any good.

I was not notified of any further actions or that it was going back before the District Court and was served no papers.

The attorney we used in the judgment told us he was withdrawing from our case due to this was not his area of law and he had done all he could do for us. He is retired now.

We were not served papers telling us that it was going back to District Court. We have been using the judgment to defend our house since 2011 and were unaware that it was reversed until this attorney in December informed me via email that it was appealed and the judgment was overturned.

I filed for a continuance in this eviction suit currently filed and it was granted and reset for January 19, 2021. On January 15, 2021 their attorney filed for another continuance until sometime after February 18,2021 so it was granted and new eviction hearing set for February 23, 2021.

I have searched and searched for an attorney that is familiar with this type of law and found one but needed $15,000 to get started and then we could do monthly billing.This time of year with all the rain we can not come up with $15,000 in such a short time, before 2-23-21. We have the ability to pay just not that much at one time right now.

If any one has any advise or any idea of how to keep them from taking our house please contact me.

Thank you,

Lesli Anders

Jason & Lesli Anders
1205 CR 4730
Winnsboro, Tx. 75494
Email: landers@winnsborotxha.org
Cell: 903-975-3119
Work: 903-342-6977
Date: 1-24-2021

Unpublished Foreclosure Opinion – What About Cronenwett’s $20k Post Judgment Attorney Fees Award Fifth Circuit?

It appears the homeowners’ attorney, an IP attorney, did not contest the $20k in attorney fees by Mark Cronenwett of Mackie Wolf on appeal.

The Texas Foreclosure Manual

Texas Foreclosure Manual, Includes 2019 Supplement. This essential resource, written for the general practitioner and real estate expert in mind, provides over 100 forms covering everything from the first consultation with a client to closing the file. It also addresses the why behind the how with 37 chapters of practice notes.

The Fifth Circuit’s Foreclosure Panel Continue New Theme in 2019 of Extremely Short Affirmations in Favor of the Bank, Servicer or Debt Collecting Foreclosure Mill, But at Least Without the Searing Remarks

Wells Fargo Bank, a Mortgage Servicer, a Lender or a Trustee. Well, it’s all superfluous, we’ll just affirm despite the National Mortgage Settlement confirming the atrocious and illegal acts of this Bank against homeowners. As the State of Texas, however, we’ll take the $134m settlement and give homeowners zero. Sounds Fair to US.

Register of Actions

Case No. E20-018-4

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-R10 vs. LESLI ANDERS; JASON ANDERS; AND ALL OCCUPANTS OF 1205 CR 4730, WINNSBORO TX 75494 §
§
§
§
§
Case Type: Landlord/Tenant – Forcible Entry and Detainer
Date Filed: 12/14/2020
Location: JP4
Party Information
Attorneys
Defendant ANDERS, JASON Female White
5′ 10″, 175 lbs
SANFORD HOLMES
Retained
281-845-4213(W)

NICHOLAS R. O’CONNER
Retained
713-335-2114(W)

  1205 CR 4730
WINNSBORO, TX 75494
Defendant ANDERS, LESLI Female White
5′ 7″, 140 lbs
NICHOLAS R. O’CONNER
Retained
713-335-2114(W)

SANFORD HOLMES
Retained
281-845-4213(W)

  1205 CR 4730
WINNSBORO, TX 75494
Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-R10 MICHAEL W ZIENTZ
Retained
214-635-2650(W)
  C/O MACKIE WOLF ZIENTZ & MANN, P.C.
PARKWAY OFFICE CENTER, STE 900
14160 DALLAS PARKWAY
DALLAS, TX 75254
Events & Orders of the Court
DISPOSITIONS
03/24/2021 Final Judgment (Judicial Officer: Weems, Cindy S.)

OTHER EVENTS AND HEARINGS
12/14/2020 Original Petition (OCA)
12/14/2020 CITATION ISSUED
12/14/2020
Citation- Service details
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-R10 Unserved
ANDERS, LESLI Unserved
ANDERS, JASON Unserved
12/14/2020 Other
12/29/2020 Other
12/29/2020 Answer

12/29/2020 CITATION SERVED
12/30/2020 Motion for Continuance

01/04/2021 Other
01/04/2021 Order for Continuance

01/19/2021 Motion for Continuance

01/19/2021 Order for Continuance
02/02/2021 Other
02/09/2021 NOTICE
02/22/2021 Motion for Continuance

02/22/2021 Order for Continuance
02/23/2021 NOTICE
03/17/2021 NOTICE
03/18/2021 HEARING NOTICE
03/24/2021 TRIAL  (10:00 AM) (Judicial Officer Weems, Cindy S.)

01/05/2021 Continued to 01/19/2021 – Attorney Unavailable – ANDERS, LESLI
01/19/2021 Continued to 02/23/2021 – Attorney Unavailable – DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-R10
02/23/2021 Continued to 03/17/2021 – Party Unavailable – ANDERS, LESLI
03/17/2021 Reset by Court to 03/24/2021
03/24/2021 Judgment
Financial Information
Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-R10
Total Financial Assessment  196.00
Total Payments and Credits  196.00
Balance Due as of 03/25/2021  0.00
12/14/2020 Transaction Assessment  46.00
12/14/2020 Transaction Assessment  150.00
12/14/2020 Payment  Receipt # 25733-J4  Mackie Wolf Zientz & Mann PC  (196.00)
As Foreclosure Mill Mackie Wolf Zientz Mann Reignites Old Eviction Suit, the Anders Family Speaks Out.
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Laws In Texas is a blog about the Financial Crisis and how the banks and government are colluding against the citizens and homeowners of the State of Texas and relying on a system of #FakeDocs and post-crisis legal precedents, specially created by the Court of Appeals for the Fifth Circuit to foreclose on homeowners around this great State. We are not lawyers. We do not offer legal advice. We are citizens of the State of Texas who have spent a decade in the court system in Texas and have been party to during this period to the good, the bad and the very ugly.

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