LIT COMMENTARY & UPDATE
DEC 4, 2024
UPDATE DEC 4, 2024
Legal Bandit James Minerve’s case and client’s home has remained dormant since the stop foreclosure action was initiated at the end of Feb. 2024.
The state case was immediately removed to federal court and promptly dismissed WITH PREJUDICE to refiling in April of 2024. Since that time, no sale or foreclosure is recorded and no TRSale deed on HC real property records.
The selling Realtor Terri’s disappeared, and HAR restore the property in pre-flood pricing and condition?
Minerve’s filing and Cordova’s declaration/affidavit fail to disclose the water-damage and mold clearly evident in the online listings of the residence on Zillow and HAR.
HAR shows the property listed for one day is pending a contract of sale. It shows a value of $829,900 – the amount agreed with “buyer” Daryl Walker of Britican LLC. The petition claims the current value of the home is $1.8M, however, historical records on Zillow have never shown such a high value, and in it’s current state, $830k is on the high end.
The petition admits there is a $1M original note on the property, but fails to detail the payoff amount from the foreclosing lender, which is probably substantially more.
All this confirms that any unauthorized short sale violates the deed of trust and the value of the sale will fail to satisfy the lien/note/debt.
Ch. 7 discharge in Jan, listed for auction in Mar. 2024. Stopped by a lyin’ petition and ancillary judge – apparently proficient in Texas property law (based on his own court proceedings), and short sale requirements when there is a deed of trust and $1m note. However, for whatever unknown reason, $100 TRO bond was granted.
LIT COMMENTARY & UPDATE
JUN 21, 28 2024
And, here’s HAR’s status on Jun 28, 2024: LIT wonders if Branch Sheppard and his REI pals are involved in this fixer-upper?
Jun 21, 2024: Oh look Terri (HAR Realtor), one day but under contract…uhuh…
Nearly 10 weeks after dismissal in federal court, the home is still on the market.
What we also know is that Minerve and his client assurances in court pleadings under the penalty of perjury that buyers are ready to close, is false.
e.g. see our related article on Justin Johnston’s home in Humble, TX…
Let’s see how this plays out…https://t.co/is7gKcM1rM pic.twitter.com/8jnxSyzqSJ
— lawsinusa (@lawsinusa) June 20, 2024
Cordova v. U.S. Bank National Association
(4:24-cv-01195)
District Court, S.D. Texas, Judge Keith Ellison
APR 1, 2024 | REPUBLISHED BY LIT: APR 23, 2024
PROPOSED ORDER Stipulated Order of Dismissal With Prejudice, filed.
(Rubio, Jose) (Entered: 04/11/2024)
ORDER OF DISMISSAL. Case terminated on 4/11/2024.
(Signed by Judge Keith P Ellison)
Parties notified. (glc4) (Entered: 04/11/2024)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:24-cv-01195
Cordova v. U.S. Bank National Association Assigned to: Judge Keith P Ellison
Cause: 28:1331 Fed. Question |
Date Filed: 04/01/2024 Date Terminated: 04/11/2024 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Federal Question |
Date Filed | # | Docket Text |
---|---|---|
04/01/2024 | 1 | NOTICE OF REMOVAL from 55th District Court, Harris County, Texas, case number 2024-13140 (Filing fee $ 405 receipt number ATXSDC-31410275) filed by U.S. Bank National Association, as Trustee for Greenpoint Mortgage Funding Trust Mortgage Pass-Through Certificates, Series 2006-ARS. (Attachments: # 1 Exhibit A-1, # 2 Exhibit B-1, # 3 Exhibit B-2, # 4 Exhibit B-3, # 5 Exhibit B-4, # 6 Exhibit C-1, # 7 Exhibit C-2, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G) (Rubio, Jose) (Entered: 04/01/2024) |
04/05/2024 | 2 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 6/14/2024 at 11:00 AM in Courtroom 3A Houston before Judge Keith P Ellison. (Signed by Judge Keith P Ellison) Parties notified. (ddb4) (Entered: 04/05/2024) |
04/08/2024 | 3 | MOTION to Dismiss Plaintiff’s Original Petition by U.S. Bank National Association, filed. Motion Docket Date 4/29/2024. (Rubio, Jose) (Entered: 04/08/2024) |
04/09/2024 | 4 | NOTICE of Certificate of Service in a Removed Action by U.S. Bank National Association, filed. (Rubio, Jose) (Entered: 04/09/2024) |
04/11/2024 | 5 | PROPOSED ORDER Stipulated Order of Dismissal With Prejudice, filed. (Rubio, Jose) (Entered: 04/11/2024) |
04/11/2024 | 6 | ORDER OF DISMISSAL. Case terminated on 4/11/2024. (Signed by Judge Keith P Ellison) Parties notified. (glc4) (Entered: 04/11/2024) |
PACER Service Center | |||
---|---|---|---|
Transaction Receipt | |||
04/23/2024 18:38:09 |
Before Chief Justice Contreras, Justices Benavides n’ Silva: The opinion on mandamus appeal for Kingman Holdings LLC mirrors the facts in Burke’s case, wherein Deutsche Bank and PHH Mortgage failed to prosecute for 5 years. She is entitled to Quiet Title. https://t.co/bEi2tKoEcP pic.twitter.com/Hn4ddIhC9V
— lawsinusa (@lawsinusa) April 23, 2024
202413140 –
CORDOVA, JACOBO vs. U S BANK NATIONAL ASSOCIATION
(AS TRUSTEE FOR GREENPOINT MORTGAGE
(Court 055, JUDGE LATOSHA LEWIS PAYNE)
FEB 29, 2024 | REPUBLISHED BY LIT: MAR 2, 2024
Minerve’s filing and Cordova’s declaration/affidavit fail to disclose the water-damage and mold clearly evident in the online listings of the residence on Zillow and HAR.
HAR shows the property listed for one day is pending a contract of sale. It shows a value of $829,900 – the amount agreed with “buyer” Daryl Walker of Britican LLC. The petition claims the current value of the home is $1.8M, however, historical records on Zillow have never shown such a high value, and in it’s current state, $830k is on the high end.
The petition admits there is a $1M original note on the property, but fails to detail the payoff amount from the foreclosing lender, which is probably substantially more.
All this confirms that any unauthorized short sale violates the deed of trust and the value of the sale will fail to satisfy the lien/note/debt.
Ch. 7 discharge in Jan, listed for auction in Mar. 2024. Stopped by a lyin’ petition and ancillary judge – apparently proficient in Texas property law (based on his own court proceedings), and short sale requirements when there is a deed of trust and $1m note. However, for whatever unknown reason, $100 TRO bond was granted.
Got another one for y’all over at the Sheriff’s Office;
Bank Claims Lawyer Anthony S Muharib’s 2023 Range Rover Behind Gate at 4723 Ivanhoe St Residence – Laws In Texas https://t.co/9vTom9NHwG— lawsinusa (@lawsinusa) March 2, 2024
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