LIT UPDATE & COMMENTARY
JUL 2, AUG 7,
DEC 4, 2024
Stand by the vending machine readers, this could take a while…lot’s of confusion about hearings, transcripts, settlement talks and decisions…it’s a wash for now…
Will @rks127th sign the order barring the foreclosure mill lawyer Branch Sheppard from “clouding” the litigation – as he doesn’t know when to stop acting like a greedy Bandit by representing both sides of the table when there’s wads of dosh and other kickbacks comin’ his way? pic.twitter.com/Dz0oBK4bZa
— lawsinusa (@lawsinusa) July 2, 2024
LIT UPDATE & COMMENTARY
Lyin’ Turncoat Lawyer Branch Sheppard’s “Client” (homeowner) sues him via his Thievin’ REI Bandits who are invokin’ the Starker Exchange
June 13, 2024
Via E-filing
The Honorable Ravi Sandill
Harris County District Judge for the 127th Judicial District
201 Caroline
Houston, Texas 77002
Re: Cause No. 2024-27951; De La Vega v. Goldstein and Associates, LLC,et al.; in the 127th District Court of Harris County, Texas
Dear Judge Sandill:
We represent DEFENDANTS REAL AMERICAN REAL ESTATE, LLC (“RARE”), GOLDSTEIN AND ASSOCIATES, LLC a Wyoming limited liability company as Trustee of the 50 F Creekside Trust (“Goldstein”), SILVERMAN AND ASSOCIATES, LLC a Wyoming limited liability company as Trustee of the 1001 Woodlands Trust (“Silverman”), and DOUGLAS AGUILAR (“Aguilar” and together with RARE, Goldstein, and Silverman, collectively, “Defendants”).
Defendants seek emergency hearings on their Motion to Expunge Lis Pendens and Motion to Appoint a Receiver to sell real estate for the following reasons. We spoke with your clerk who advised that we could draft and efile a letter stating why an emergency is necessary.
Defendant Silverman is record owner of real property and improvements located at 50 S. Fremont Ridge Loop, The Woodlands, Texas 77389 (the “Property”).
The Property is worth give or take $1,200,000 to $1,300,000.
Plaintiff is the former homeowner who was in default on his mortgage held by Independent Bank (the “Bank”).
To cure his default, Plaintiff owes the Bank approximately $100,000.
The Property is not Plaintiff’s homestead.
The Property had significant deterioration. The Property was in no condition to sell at the price point Plaintiff wanted.
On account of his severe default, the Bank sought to foreclose on the Property, and if the Bank foreclosed, clearly all of the equity in the Property would be lost.
This is where Defendants came in to help.
Plaintiff met Defendants and voluntarily agreed and wanted Defendants to take over management of the home, renovate and make all needed repairs, and get the Property sold so that he could get his equity out of the Property.
For consideration, Plaintiff conveyed the Property to Defendant Goldstein, and Defendants got to work.
Plaintiff has done nothing and, in fact, has been out of the country while Defendants performed under the agreements with Plaintiff and did as they agreed.
To date, Defendants have invested over $50,000 in the Property.
They renovated the Property, made needed repairs, managed the Property, staged the Property for sale, invested significant time and sweat equity in the Property, met with subcontrators,
stopped scheduled foreclosure sales,
met with real estate agents, listed the Property for sale and even was prepared to closed on a $1,200,000 sale of the Property when
Plaintiff filed this lawsuit and recorded a lis pendens to STOP the sale
which would pay off the mortgage all while foreclosure was imminent.
At this point, Defendants bore all risk by investing their time and significant dollars to get the Property sold and the defaulted mortgage paid off.
As part of the agreement and on account of Defendants helping Plaintiff realize his equity in the Property, Defendants and Plaintiff agreed that Plaintiff and Defendants would share in the net proceeds from the sale as Defendants compensation.
In reliance on Plaintiff’s agreements, Defendants performed thereunder, and to STOP the closing from going forward, Plaintiff filed this lawsuit and, for unknown reasons, continues to play games with Defendants who are simply trying to abide by the terms of the agreements.
The Bank will post the Property for the August 6, 2024 Harris County foreclosure auction,
and if the bank foreclosure before Defendants, or a Receiver, can sell the Property, all equity will be lost, and Defendants (and Plaintiff for that matter) will be greatly prejudiced.
Should the Bank foreclose, Defendants will have no way to recover their monetary and time investments in the Property.
They will not be able to collect it from Plaintiff who is not even in this country, and Defendants efforts will have been for nothing.
As set forth in their Motion, this matter meets all the elements to allow this Court to appoint a receiver to take over and sell the Property for the benefit of the ALL parties so that the Bank does not foreclosure and prejudice both Plaintiff and Defendants.
The Receiver can then deposit all sales proceeds into the Registry of the Court if Plaintiff still has disputes with Defendants.
Emergency relief is necessary in order to avoid complete loss of the Property to imminent foreclosure, and given the disputes, it is in ALL the parties’ best interest.
Plaintiff is uncommunicative, and it is unclear what Plaintiff is trying to accomplish here.
But, what is clear is that if the Property does not get sold voluntarily, the Bank will foreclose at its next opportunity.
The Court should not allow that to happen, and a Receiver is the cleanest, most efficient way to handle it at this point.
Defendants, therefore, request that the Court set Defendants’ Motion to Expunge Lis Pendens and Motion to Appoint Receiver for an emergency hearing at the earliest opportunity on these grounds.
Thank you for your attention to this matter.
We look forward to hearing from the Court, and please feel free to contact us with questions or concerns.
Where is Branch, the lawyer who advocates for foreclosure and against foreclosure at the same time? He’s been missing from local dockets since at least March 22.
| Case (Cause) Number | Style | File Date | Court | Case Region | Type Of Action / Offense | |
|---|---|---|---|---|---|---|
| 202427951- 7 Active – Civil |
DEL VALLE, ALEJANDRO vs. GOLDSTEIN AND ASSOCIATES, LLC A WYOMING LIMITED LI | 4/30/2024 | 127 | Civil | Debt / Contract – Fraud / Misrepresentation | |
| 202426004- 7 Active – Civil |
PHH MORTGAGE CORPORATION vs. SCAVELLO, VINCENZA ONORATO |
4/23/2024 | 295 | Civil | Foreclosure – Home Equity-Expedited | |
| 202425387- 7 Active – Civil |
CASCADE FUNDING MORTGAGE TRUST HB4 vs. GARCIA, KARIN | 4/19/2024 | 164 | Civil | Foreclosure – Home Equity-Expedited | |
| 202418661- 7 Disposed (Final) |
MORTGAGE ASSETS MANAGEMENT LLC (F/K/A REVERSE MORT vs. PAYNE, EMERY LEE |
3/22/2024 | 215 | Civil | Foreclosure – Home Equity-Expedited | |
| 202415970- 7 Active – Civil |
BANK OF AMERICA N A vs. HOGUE, OTHELETTA | 3/12/2024 | 190 | Civil | Foreclosure – Home Equity-Expedited | |
| 202416030- 7 Active – Civil |
MORTGAGE ASSETS MANAGEMENT LLC vs. MITCHELL, JESSIE LEE |
3/12/2024 | 061 | Civil | Foreclosure – Home Equity-Expedited | |
| 202414440- 7 Active – Civil |
MORTGAGE ASSETS MANAGEMENT LLC (F/K/A REVERSE MORT vs. CAMPBELL, JULIA COLLIER | 3/5/2024 | 157 | Civil | Foreclosure – Home Equity-Expedited | |
| 202413928- 7 Ready Docket |
DEL VALLE DE LA VEGA, ALEJANDRO vs. INDEPENDENT BANK |
3/4/2024 | 157 | Civil | Foreclosure – Other | |
| 202410418- 7 Active – Civil |
WILMINGTON SAVINGS FUND SOCIETY FSB NOT IN ITS IND vs. STERLING, PEGGY ANN | 2/16/2024 | 165 | Civil | Foreclosure – Home Equity-Expedited | |
| 202404681- 7 Active – Civil |
MORTGAGE ASSETS MANAGEMENT LLC vs. BLACKSTOCK, PEGGY R |
1/24/2024 | 165 | Civil | Foreclosure – Home Equity-Expedited | |
| 202404430- 7 Disposed (Final) |
SEATTLE BANK vs. TERRY, CHARLOTTE ANN | 1/23/2024 | 157 | Civil | Foreclosure – Home Equity-Expedited | |
| 202386549- 7 Disposed (Final) |
MORTGAGE ASSETS MANAGEMENT LLC vs. FRICKS, GLADYS |
12/19/2023 | 129 | Civil | Foreclosure – Home Equity-Expedited | |
| 202381754- 7 Active – Civil |
MORALES, MIRSA GODOY (AS NEXT FRIEND OF LUIS ANGEL vs. KATERIN CONSTRUCTION CO INC | 11/27/2023 | 113 | Civil | Construction | |
| 202381164- 7 Disposed (Final) |
SMITH DEVELOPMENT COMPANY LLC vs. SIMONTON, FRANK |
11/21/2023 | 151 | Civil | Other Property | |
| 202381338- 7 Active – Civil |
TAX LOANS USA LTD vs. SMITH, TIFFANY ANN | 11/21/2023 | 269 | Civil | Tax Delinquency | |
| 202379774- 7 Active – Civil |
CASCADE FUNDING MORTGAGE TRUST HB4 vs. GAITHER, JERRY L |
11/16/2023 | 234 | Civil | Foreclosure – Home Equity-Expedited | |
| 202376786- 7 Disposed (Final) |
PHH MORTGAGE CORPORATION vs. SILVA, EDWARD D (JR) | 11/3/2023 | 129 | Civil | Foreclosure – Home Equity-Expedited | |
| 202370923- 7 Ready Docket |
CASCADE FUNDING MORTGAGE TRUST HB2 vs. MUNOZ, JAIME M |
10/12/2023 | 157 | Civil | Foreclosure – Home Equity-Expedited | |
| 202364590- 7 Disposed (Final) |
MORTGAGE ASSETS MANAGEMENT LLC vs. BORNEMANN, SHEILA | 9/21/2023 | 125 | Civil | Foreclosure – Home Equity-Expedited | |
| 202362823- 7 Active – Civil |
SUCCESS REAL ESTATE COMPANY, LTD vs. HARTMAN PRESTONWOOD PROPERTIES, LLC |
9/15/2023 | 133 | Civil | Other Contract | |
| 202361281- 7 Ready Docket |
PHH MORTGAGE CORPORATION vs. TRUELS, STEVEN J | 9/11/2023 | 281 | Civil | Foreclosure – Home Equity-Expedited | |
| 202360644- 7 Active – Civil |
BANK OF NEW YORK MELLON TRUST COMPANY NA AS TRUSTEE FOR MORTGAGE vs. BOTOR, ESTRELLA B |
9/7/2023 | 215 | Civil | Foreclosure – Home Equity-Expedited | |
| 202360671- 7 Disposed (Final) |
SEATTLE BANK vs. HOFFMANN, CAROLE ANN | 9/7/2023 | 151 | Civil | Foreclosure – Home Equity-Expedited | |
| 202358773- 7 Ready Docket |
LIN, S EMANUEL (PRO SE) vs. LUKOSE, ISAAC |
8/31/2023 | 157 | Civil | Other Injury or Damage | |
| 202358234- 7 Ready Docket |
VERANDA NATION INC vs. JULIAN, PRESTON | 8/30/2023 | 190 | Civil | Debt / Contract – Other | |
| 202358255- 7 Ready Docket |
VERANDA NATION INC vs. JULIAN, PRESTON |
8/30/2023 | 080 | Civil | Debt / Contract – Other | |
| 202354855- 7 Disposed (Final) |
SEATTLE BANK vs. BRYAN, ELANOR L | 8/18/2023 | 295 | Civil | Foreclosure – Home Equity-Expedited | |
| 202345106- 7 Ready Docket |
HARPER HARRISON HOMES LLC vs. HEBEL, CHRISTINE |
7/19/2023 | 113 | Civil | Debt / Contract – Consumer / DTPA | |
| 202341517- 7 Disposed (Final) |
CASCADE FUNDING MORTGAGE TRUST HB4 vs. FLAGG, ROSIE | 7/6/2023 | 133 | Civil | Foreclosure – Home Equity-Expedited | |
| 202340032- 7 Ready Docket |
PACHUCA, MANUELA AUGUSTINA vs. MORTGAGE ASSETS MANAGEMENT LLC |
6/29/2023 | 011 | Civil | Other Property | |
| 202338718- 7 Disposed (Final) |
CASCADE FUNDING MORTGAGE TRUST AB2 vs. PORTERFIELD, JERRY | 6/23/2023 | 127 | Civil | Foreclosure – Home Equity-Expedited | |
| 202338037- 7 Disposed (Final) |
ROBINSON, ERICA vs. SPECIALIZED LOAN SERVICING LLC |
6/20/2023 | 165 | Civil | Debt / Contract – Other | |
| 202337093- 7 Disposed (Final) |
MORTGAGE ASSETS MANAGEMENT LLC vs. TAYLOR, THOMAS | 6/15/2023 | 011 | Civil | Foreclosure – Home Equity-Expedited | |
| 202328881- 7 Ready Docket |
PIPER, TREVEON vs. VANCE, MICHAEL |
5/9/2023 | 133 | Civil | Motor Vehicle Accident | |
| 202321270- 7 Disposed (Final) |
MORTGAGE ASSETS MANAGEMENT LLC vs. MATLOCK, REBECCA ANN | 4/3/2023 | 113 | Civil | Foreclosure – Home Equity-Expedited | |
| 202317402- 7 Case On Appeal – Civil |
2905 FANNIN LLC vs. TRAN, TAMMY |
3/17/2023 | 061 | Civil | Debt / Contract – Debt / Contract | |
| 202315530- 7 Ready Docket |
LATIL, SHANNON vs. LELAH INVESTMENTS LLC | 3/9/2023 | 011 | Civil | Malpractice-Other Professional Liability | |
| 202313669- 7 Disposed (Final) |
SEATTLE BANK vs. STEPHENSON, LAURA |
3/2/2023 | 270 | Civil | Foreclosure – Home Equity-Expedited | |
| 202313681- 7 Disposed (Final) |
MORTGAGE ASSETS MANAGEMENT LLC vs. GARZA, MARIA | 3/2/2023 | 125 | Civil | Foreclosure – Home Equity-Expedited | |
| 202313682- 7 Disposed (Final) |
SEATTLE BANK vs. HUIE, VIVIAN D |
3/2/2023 | 190 | Civil | Foreclosure – Home Equity-Expedited | |
| 202313685- 7 Ready Docket |
MORTGAGE ASSETS MANAGEMENT LLC vs. LIGGETT-WADE, COSTELLA D | 3/2/2023 | 127 | Civil | Foreclosure – Home Equity-Expedited | |
| 202311925- 7 Ready Docket |
DONEZ, ERIC vs. BARRINGTON, CALVIN LEE (JR) |
2/23/2023 | 061 | Civil | Motor Vehicle Accident | |
| 202311187- 7 Disposed (Final) |
BANK OF AMERICA NA vs. MAMOU, MATHILDE | 2/21/2023 | 157 | Civil | Foreclosure – Home Equity-Expedited | |
| 202310383- 7 Disposed (Final) |
MORTGAGE ASSETS MANAGEMENT LLC vs. HOPKINS, DOROTHY MAE |
2/16/2023 | 333 | Civil | Foreclosure – Home Equity-Expedited | |
| 202306216- 7 Disposed (Final) |
MORTGAGE ASSETS MANAGEMENT LLC vs. GOODWIN, COUNTESS | 1/31/2023 | 133 | Civil | Foreclosure – Home Equity-Expedited | |
| 202306479- 7 Active – Civil |
TAX LOANS USA LTD vs. JACOBS, BARBARA A |
1/31/2023 | 151 | Civil | Tax Delinquency | |
| 202305101- 7 Disposed (Final) |
SEATTLE BANK vs. DUKE, LEON C | 1/26/2023 | 080 | Civil | Foreclosure – Home Equity-Expedited | |
| 202302809- 7 Ready Docket |
GONZALEZ, ROXANA vs. MP TECHNOLOGIES LLC |
1/17/2023 | 190 | Civil | Motor Vehicle Accident | |
| 202301753- 7 Disposed (Final) |
MORTGAGE ASSETS MANAGEMENT LLC vs. FRICKS, GLADYS | 1/6/2023 | 129 | Civil | Foreclosure – Home Equity-Expedited | |
| 202300863- 7 Disposed (Final) |
MONTALVO, EDWARD vs. FERGUSON, JAMAL |
1/5/2023 | 189 | Civil | Motor Vehicle Accident | |
| 202300186- 7 Disposed (Final) |
MORTGAGE ASSETS MANAGEMENT LLC vs. FREEMAN, MILDRED A | 1/3/2023 | 334 | Civil | Foreclosure – Home Equity-Expedited | |
| 202300187- 7 Disposed (Final) |
BANK OF NEW YORK MELLON TRUST COMPANY N A AS TRUSTEE FOR MORTGAGE vs. WILLIAMS, LEDESSA C |
1/3/2023 | 151 | Civil | Foreclosure – Home Equity-Expedited | |
| 202284017- 7 Ready Docket |
RAYMOND, MIA vs. LEWIS, CHRIZUN TREZELL | 12/30/2022 | 234 | Civil | Motor Vehicle Accident | |
| 202282774- 7 Disposed (Final) |
BANK OF NEW YORK MELLON TRUST COMPANY N A AS TRUSTEE FOR vs. WALSTAD, PATRICIA A (DECEASED) |
12/21/2022 | 152 | Civil | Foreclosure – Home Equity-Expedited | |
| 202278515- 7 Disposed (Final) |
BANK OF NEW YORK MELLON TRUST COMPANY N A AS TRUST vs. NATHAN, JOYCE JEAN | 12/2/2022 | 190 | Civil | Foreclosure – Home Equity-Expedited | |
| 202275103- 7 Disposed (Final) |
MORTGAGE ASSETS MANAGEMENT LLC vs. WATKINS, CALLIE L |
11/15/2022 | 061 | Civil | Foreclosure – Home Equity-Expedited | |
| 202270372- 7 Disposed (Final) |
MORTGAGE ASSETS MANAGEMENT LLC vs. MATLOCK, GLORIA J | 10/26/2022 | 281 | Civil | Foreclosure – Home Equity-Expedited | |
| 202268328- 7 Ready Docket |
CENTRIC INFRASTRUCTURE GROUP LLC vs. MP TECHNOLOGIES LLC |
10/18/2022 | 190 | Civil | Debt / Contract – Consumer / DTPA | |
| 202254823- 7 Disposed (Final) |
DARDAS, THOMAS A vs. SPECIALIZED LOAN SERVICING LLC | 8/31/2022 | 129 | Civil | Other Property | |
| 202251175- 7 Disposed (Final) |
MORTGAGE ASSETS MANAGEMENT LLC (FKA REVERSE MORTGAGE SOLUTIONS INC) vs. GILL, VELVA L |
8/18/2022 | 055 | Civil | Foreclosure – Home Equity-Expedited | |
| 202251013- 7 Disposed (Final) |
WILMINGTON SAVINGS FUND SOCIETY FSB NOT IN ITS INDIVIDUAL CAPACITY vs. HOOD, JOYCE V | 8/17/2022 | 011 | Civil | Foreclosure – Home Equity-Expedited | |
| 202247014- 7 Disposed (Final) |
MORTGAGE ASSETS MANAGEMENT LLC vs. PAYNE, EMERY LEE |
8/3/2022 | 334 | Civil | Foreclosure – Home Equity-Expedited | |
| 202245478- 7 Disposed (Final) |
MORTGAGE ASSETS MANAGEMENT LLC vs. PEREZ, CECILIA | 7/28/2022 | 080 | Civil | Foreclosure – Home Equity-Expedited | |
| 202241359- 7 Disposed (Final) |
GORDON, DANA (DBA IGNITE INC) vs. PRIMEX CLINICAL LABORATORIES INC |
7/11/2022 | 234 | Civil | OTHER CIVIL | |
| 202237949- 7 Disposed (Final) |
MORTGAGE ASSETS MANAGEMENT LLC vs. MURRAY, ROSE MARY | 6/24/2022 | 157 | Civil | Foreclosure – Home Equity-Expedited | |
| 202232014- 7 Ready Docket |
WILMINGTON SAVINGS FUND SOCIETY FSB NOT IN ITS IND vs. EMERSON, DORINDA |
5/27/2022 | 164 | Civil | Foreclosure – Home Equity-Expedited | |
| 202231756- 7 Disposed (Final) |
CROWN CASTLE FIBER LLC vs. MP TECHNOLOGIES LLC | 5/26/2022 | 011 | Civil | Other Injury or Damage | |
| 202225654- 7 Ready Docket |
RICHARDSON, VIOLET M vs. INVUM THREE LLC |
4/28/2022 | 215 | Civil | Trespass to Try Title | |
| 202224558- 7 Disposed (Final) |
SEATTLE BANK vs. WILLIAMS, ELIGE | 4/25/2022 | 333 | Civil | Foreclosure – Home Equity-Expedited | |
| 202224460- 7 Disposed (Final) |
MORTGAGE ASSETS MANAGEMENT LLC (FKA REVERSE MORTGA vs. CAMPBELL, JULIA COLLIER |
4/22/2022 | 157 | Civil | Foreclosure – Home Equity-Expedited | |
| 202223467- 7 Disposed (Final) |
SIMMONS, KIRSTAN (INDIVIDUALLY AND AS NEXT FRIEND OF J M) (A MINOR) vs. MP NEXLEVEL LLC | 4/19/2022 | 055 | Civil | Motor Vehicle Accident | |
| 202221938- 7 Ready Docket |
AVES, TEODULO (M D) (P A) vs. SPIRES, MARY ANN |
4/11/2022 | 295 | Civil | OTHER CIVIL | |
| 202219329- 7 Ready Docket |
ARREOLA, FEDERICO LOPEZ vs. JULIAN, PRESTON (D/B/A ANGEL MORTGAGE INCOME RESOURCES) | 3/30/2022 | 061 | Civil | Debt / Contract – Consumer / DTPA | |
| 202218084- 7 Disposed (Final) |
MORTGAGE ASSETS MANAGEMENT LLC (FKA REVERSE MORTGA vs. DUNCAN, JIMMY |
3/24/2022 | 333 | Civil | Foreclosure – Home Equity-Expedited | |
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MORTGAGE ASSETS MANAGEMENT LLC vs. JOHNSTONE, CHERYL D | 3/22/2022 | 281 | Civil | Foreclosure – Home Equity-Expedited | |
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3/22/2022 | 080 | Civil | OTHER CIVIL | |
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SERRANO, PABLO vs. AVIILA, LARRY ADRIAN ESPINOZA |
3/1/2022 | 333 | Civil | Motor Vehicle Accident | |
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2/14/2022 | 055 | Civil | Foreclosure – Home Equity-Expedited | |
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2/3/2022 | 127 | Civil | Foreclosure – Home Equity-Expedited | |
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REVERSE MORTGAGE SOLUTIONS INC vs. NEAL, MARY G |
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7/22/2021 | 269 | Civil | Debt / Contract – Debt / Contract |
Even the British journalists at @DailyMailUK have caught news of the Ochlocracy in Houston Federal Court;
“America’s busiest bankruptcy judge accused of helping his attorney girlfriend land multibillion-dollar cases by plucky teacher who exposed affair”https://t.co/4XrAd1qLoM https://t.co/1XdUpUzga8
— lawsinusa (@lawsinusa) June 21, 2024
MAY 6, 2024
Dismissing Case for Deficiencies (FORMS)
SDTX BK Case to stop foreclosure, etc.
Creditor Rights n’ Foreclosure Mill Director Branch Sheppard of Galloway writes the most incredulous letter to @rks127th – https://t.co/W7huL8wMPn Wall St Banks and Nonbanks must be so impressed by their foreclosure agent in Texas @BankofAmerica @CenlarFSB @MidFirst @DeutscheBank
— lawsinusa (@lawsinusa) June 20, 2024
202427951 –
DEL VALLE, ALEJANDRO vs. GOLDSTEIN AND ASSOCIATES, LLC A WYOMING LIMITED LI
OCT 11, 2024
This case has quietly gone “off radar” – its been 3 months since the BK dismissal and no movement on this docket.
JUN 28, 2024
Save the date for the “Emergency Hearing” requested by Branch “clouded title” Sheppard: July 8, by zoom.
Above is the date LIT Last updated this article.
Plaintiff Alejandro Del Valle De La Vega (“Del Valle”) files his suggestion of bankruptcy.
1. On May 6, 2024, plaintiff and counter defendant filed a petition in the United States Bankruptcy Court for the Southern District of Texas for relief under chapter 13 of title 11 of the United States Code (the “Bankruptcy Code”) under case no. 24-32108.
A copy of the bankruptcy clerk’s notice is attached hereto as Exhibit “A”.
2. Pursuant to section 362(a) of the Bankruptcy Code, the Debtor’s filing of its voluntary petition operates as a stay, applicable to all entities, of, among other things:
(a) the commencement or continuation of all judicial, administrative, or other actions or proceedings against the Debtor
(i) that were or could have been commenced before the commencement of the Debtor’s case
or
(ii) to recover any claims against the Debtor that arose before the commencement of the Debtor’s cases;
(b) the enforcement, against the Debtor or against any property of the Debtor’s bankruptcy estates, of a judgment obtained before the commencement of the Debtor’s cases;
or
(c) any act to obtain possession of property of or from the Debtor’s bankruptcy estate, or to exercise control over property of the Debtor’s bankruptcy estate.
3. The interests underlying plaintiff’s claims in this lawsuit are property of the bankruptcy estate per 11 USC 541:
(a) The commencement of a case under section 301, 302, or 303 of this title creates an estate.
Such estate is comprised of all the following property, wherever located and by whomever held:
(1) Except as provided in subsections (b) and (c)(2) of this section, all legal or equitable interests of the debtor in property as of the commencement of the case (emphasis added).
Plaintiff’s petition sets out a claim for the recovery of real estate; that claim became property of the estate when the Chapter 13 was filed. Defendants’/counter claimants’ recent motions, including their request for an emergency hearing, seek to adjudicate that claim, jurisdiction over which now lies exclusively in the bankruptcy court.
Respectfully submitted,
/s/ Joseph A. McDermott, III
Joseph A. McDermott, III
State Bar No. 13531800
3100 Richmond, Suite 403
Houston, Texas 77098
Telephone: (713) 527-9190
Telecopier: (713) 758-0134
bdamages@gmail.com
ATTORNEY FOR PLAINTIFF
CERTIFICATE OF SERVICE
I certify I served this document and attachments on defendants/counter claimants’ lawyer Branch Sheppard via ProDocs e-service on June 14, 2024.
/s/ Joseph A. McDermott, III
Joseph A. McDermott, III
UPDATED
Banks Foreclosure Mill Law Firm Galloway Stops Harris County Home Auction Claiming Clouded Title – Laws In Texas https://t.co/hRn2yIg75p
— lawsinusa (@lawsinusa) April 16, 2024
FORECLOSURE MILL AND FORECLOSURE DEFENSE LAW FIRM GALLOWAY HAS UNCLEAN HANDS SAYS INDEPENDENT BANK
MAR 18, 2024
ORIGINAL ANSWER OF INDEPENDENT BANK AND RESPONSE TO APPLICATION FOR TEMPORARY RESTRAINING ORDER AND INJUNCTIVE RELIEF
Defendant, Independent Bank, answers the Petition filed by the Plaintiff, Alejandro del Valle de la Vega, and responds to the Application for Temporary Restraining Order and Injunctive Relief, as follows:
Answer1.
Independent Bank generally denies the Plaintiff’s claims, in accordance with TEX. R. CIV. P. 92 and asserts any defenses required to be affirmatively pled in accordance with TEX. R. CIV. P.94.2.
Independent Bank specifically denies that any of the alleged conditions precedent, have been performed by Plaintiff, in accordance with TEX. R. CIV. P. 54.Response to Application for TRO and Injunctive Relief3.
On March 4, 2024, a Temporary Restraining Order and Order Setting Hearing on Application for Temporary Injunction was granted in this case.A hearing is currently scheduled on March 18, 2024 at 8:30 a.m. on the Plaintiff’s Application for Temporary Injunction.
The undersigned counsel for Independent Bank spoke to counsel for the Plaintiff early in the day on March 4, 2024, but there was no mention of the plans to request a Temporary Restraining Order, and no call was received by the undersigned counsel for Independent Bank prior to the ex parte presentation of the Application for Temporary Restraining Order.
This is despite the undersigned counsel providing his cell phone number to Plaintiff’s counsel on the morning of March 4, 2024.
As a part of the Temporary Restraining Order, Independent Bank is ordered not to “re-post” the property for any future foreclosure sale.4.
Independent Bank is barred from “re-posting” the property for foreclosure, despite the fact that the basis for the relief requested by the Plaintiff was a contract for the sale of the property which was scheduled to close on March 8, 2024.
The Temporary Restraining Order which was signed on March 4, 2024 is therefore overly broad in the relief granted to the Plaintiff, by barring the “re- posting” of the property for foreclosure, and there is no known basis for the granting of a temporary injunction at the hearing scheduled for March 18, 2024 at 8:30 a.m.5.
This lawsuit was filed despite the fact that just five (5) days earlier, on February 29, 2024, the Plaintiff filed another lawsuit in Case No. 2024-13262, in the 152nd District Court, which is still pending.
6. At this point, the undersigned counsel for Independent Bank is not sure who is representing the Plaintiff.
The Plaintiff has filed two (2) lawsuits, has two (2) different attorneys representing the Plaintff, and there are reportedly at least two (2) contracts for the sale of the property which are pending.
7. In the mean time, Independent Bank is restrained from posting the property for foreclosure and was therefore unable to post for a foreclosure sale in the month of April.As long as a temporary injunction is not granted by this Court on March 18, 2024, Independent Bank will be able to post for a foreclosure sale on the first Tuesday in May, 2024.
Independent Bank must give notice to the Internal Revenue Service of any foreclosure sale at least twenty-five (25) days before any scheduled foreclosure sale, because the Plaintiff has IRS liens.8.
The property is not the homestead of the Plaintiff.
The Deed of Trust includes a Second Home Rider, which provides “Borrower shall occupy, and shall only use, the Property as Borrower’s Second Home.
”The property is not designated as homestead with the Harris County Appraisal District.The Plaintiff lives in Mexico, and his visa to enter and spend time in the United States, is believed to have expired, or been revoked.
9. The loan is due for the September 25, 2023 monthly installment, and installments due after September 25, 2023. There is also a negative escrow balance of $19,880.35.10.
The Bank has posted the property for foreclosure on several occasions in the past, and on February 6, 2024, the Bank agreed to postpone the foreclosure scheduled for that day because of a confirmation received that the Plaintiff was wiring funds to pay the amounts past due on the loan.
But, this was an apparent misrepresentation, because no funds were ever received, so the property was posted for foreclosure for a sale on March 5, 2024.11.
The Plaintiff is believed to be in Mexico and the Plaintiff’s visa to enter and spend time in the United States is believed to have expired or been revoked.12.
The Plaintiff admits in paragraph 6 of the Plaintiff’s Original Petition and Application for Temporary Restraining Order that the loan is due for the September, 2023 monthly installment.
The Plaintiff also admits in paragraph 7 of the same Petition that the sale of the property was scheduled to close on March 8, 2024.
In paragraph 9, the Plaintiff states that he has a cash buyer who can pay the amounts owed to Independent Bank, however, the copy of the contract is for less than the amounts owed to the Bank and the price also does not include an amount sufficient to pay the amounts owed to the Internal Revenue Service.
13. Needless to say, the Plaintiff does not come to this Court with “clean hands” and is therefore not entitled to equitable relief to restrain and enjoin the scheduled foreclosure sale.
Motion to Dismiss14.
Independent Bank respectfully requests that these claims be dismissed under TEX. R. CIV. P. 91a , because there is no basis in law or fact with respect to any liability of Independent Bank, and it is further requested that Independent Bank recover its attorneys fees and costs incurred in accordance with Rule 91a.
Wherefore, Defendant, Independent Bank, respectfully requests that the Plaintiff take nothing in this case, and that Independent Bank recover reasonable attorneys fees and costs incurred; and that Independent Bank be awarded such other and further relief to which Independent Bank may be entitled to receive, including but not limited to the denial of the Application for Temporary Restraining Order and Injunctive Relief.Respectfully submitted,
Goodwin & Harrison, L.L.P.
/s/ Josh M. Harrison
Josh M. Harrison
State Bar No. 09116300
P.O. Box 8278
The Woodlands, Texas 77387-8278
(281) 363-3136; Cell: (713) 202-6311
Fax: (281) 363-3215
Email: josh@goodwin-harrison.com
Attorneys for Defendant, Independent Bank
Certificate of Service
This is to certify that a true and correct copy of the above pleading has been served on the following, on the date of filing:
Branch M. Sheppard
Annarose M. Harding
1301 McKinney, Suite 1400
Houston, Texas 77010
Galloway, Johnson, Tompkins, Burr & Smith
By E-Service
/s/ Josh M. Harrison
Josh M. Harrison
Independent Bank’s counsel response identifies:
This is not an exempt homestead
Plaintiff is in Mexico
There were 2 stop foreclosure cases submitted as discussed;
First by Bandit James Minerve
Second by Foreclosure Mill Lawyer Branch Sheppard (defending Plaintiff)
TRO Granted.
— lawsinusa (@lawsinusa) March 18, 2024
202413262 –
DEL VALLE DE LA VEGA, ALEJANDRO vs. INDEPENDENT BANK
FEB 29, 2024 | REPUBLISHED BY LIT: MAR 18, 2024
MAR 18,APR 9 16 29,
JUN 3, 28, OCT 11, 2024: NO MOVEMENT
Above is the date LIT Last updated this article.
Howdy,Do you have any update you wish to share on the home which has been purportedly “sold” to an investor, and the foreclosure stopped by creditor rights lawyer Branch Sheppard – since you filed into the two stop foreclosure cases in Harris County District Court (the other filing by foreclosure defense lawyer James Minerve). They really want the home….Banks Foreclosure Mill Law Firm Galloway Stops Harris County Home Auction Claiming Clouded Title – Laws In Texas https://lawsintexas.com/pr/32eI’ve read your pleadings for Independent Bank and just wondered if there’s any further movement, a month or so later.
No movement since March 1 filing of; Original Answer of Independent Bank and Response to Application for Temporary Restraining Order and Injunctive Relief
MARK AND SHELLEY HOPKINS RAT OUT FRIENDS OF THE COURT IN US GOVERNMENT PLEA DEAL
Here’s another reason LIT picked FFGGP, aka Kingman, aka Ohio Biscuit Gravy for this live-stream on X today: LIT previously highlighted the fraud by lawyer Ken Harter’s client in published articles. pic.twitter.com/q5Sb0WaWki
— lawsinusa (@lawsinusa) March 17, 2024
202413928 –
DEL VALLE DE LA VEGA, ALEJANDRO vs. INDEPENDENT BANK
MAR 4, 2024 | REPUBLISHED BY LIT: MAR 7, 2024
MAR 7,APR 9 16 29,
JUN 3, 28 2024: NO MOVEMENT
OCT 11, 2024
Above is the date LIT Last updated this article.
Howdy,Do you have any update you wish to share on the home which has been purportedly “sold” to an investor, and the foreclosure stopped by creditor rights lawyer Branch Sheppard – since you filed into the two stop foreclosure cases in Harris County District Court (the other filing by foreclosure defense lawyer James Minerve). They really want the home….Banks Foreclosure Mill Law Firm Galloway Stops Harris County Home Auction Claiming Clouded Title – Laws In Texas https://lawsintexas.com/pr/32eI’ve read your pleadings for Independent Bank and just wondered if there’s any further movement, a month or so later.
No movement since March 13 filing of; Original Answer of Independent Bank and Response to Application for Temporary Restraining Order and Injunctive Relief
Power of Attorney to Doug Aguilar of Real American Real Estate LLC signed by homeowner on the same day LIT publishes this article, March 7, 2024.
Is there a personal relationship between REI Doug Aguilar and Branch Sheppard?You can see Sheppard’s failed ownership of a bar and grill on Westheimer…Is he in debt himself?Did he sell out the banks for a chunk of the $525k equity which will be stripped from distressed home owners, relying on Doug tellin’ them they’d best just settle the debt and walk away as otherwise their credit would be in ruins, the sales value would be less than the loan yada yada…but the truth is they would be entitled to the equity after sale (surplus funds)?So many questions.This case is both disturbing and alarming on many levels.
Y’all reading this thread @BankofAmerica? Your appointed foreclosure mill and lawyers (see screenshot below) are representing the homeowners, contesting mortgage deed of trust as a clouded title. Do you agree? pic.twitter.com/mqoJKZIjgL
— lawsinusa (@lawsinusa) March 6, 2024
Real American Real Estate LLC filed as a Domestic Limited Liability Company (LLC) in the State of Texas on Saturday, July 18, 2020 and is approximately four years old, as recorded in documents filed with Texas Secretary of State.
There are always opportunities out there to close wholesaling deals for us. And contrary to what many think, they are not only for those who have stayed long in the industry. Today’s guest is here to prove it.Douglas Aguilar is a young real estate investor who closed $102,000 in wholesale assignment fees before hitting 21! He was given a shot, tried, and just won.His secret? Staying consistent and just following the plan. In this episode, Douglas shares how he grew his business from his first $1,000 deal to his $50,000 worth of property that he got for free at a very young age. Learn his strategies and know the software that he uses that works for his business.What is more, Douglas also shares how he learned about wholesaling, the benefit of investing in TTP, and his plans for the next five years. Age is just a number when it comes to success! With the right tools and attitude, anyone can achieve it!
Texas lawyer Branch M. Sheppard’s recent cases at Harris County District Court include representing:
REVERSE MORTGAGE SOLUTIONS INC
BANK OF NEW YORK MELLON TRUST COMPANY
BANK OF AMERICA NA
WILMINGTON SAVINGS FUND SOCIETY FSB
PHH MORTGAGE CORPORATION
and, of course, @DeutscheBank pic.twitter.com/mlSSDjhGzh
— lawsinusa (@lawsinusa) March 6, 2024
Douglas Aguilar’s Auto Injury Claim Timing is Curious
If this is the same Douglas Aguilar we think it is…he’s before Craft, who’s also been a plaintiff in the same type of proceeding.
Real Estate Investor Douglas Aguilar of Real American Real Estate LLC is Sued in District Court
Another case where a clouded title in Harris County is claimed.
Gary Lee Easley: Legacy of a Fallen Homestead Defender Who Valiantly Battled Against BDF Hopkins
“I’m a long time victim of the same foreclosure mill, surviving 15 foreclosures to date, always involved in some kind of their turbulence.”
All’s Well that Ends Well: Mr and Mrs Separate Lawsuits Decry the Recorded Divorce
At the end of January 2024, US District Judge Charles Eskridge Entered a Judgment of Foreclosure. Bandit Lawyer Clay Vilt Rejects that Order.
PHH Mortgage Corporation Seek Expedited Foreclosure via Lazy Litigators at the Galloway Law Mill
This is not the first time the Galloway Law Firm’s application for foreclosure is not compliant with Harris County District Court rules.
Indicted Texas AG Goes After Home Title Lock for Tellin’ The Truth About Title Fraud In Texas
Meanwhile, Ken Paxton and his Senator wife Angela continue to protect Texas lawyers stealin’ homes from Texas Citizens by Title Deed fraud.
Galloway Law Firm, a Lazy, Incompetent Foreclosure Mill files Reverse Mortgage Expedited Eviction
The PHH petition should be stricken for failure to separate the exhibits, filed in Harris County District Court, Judge Dawn Rogers presiding.
Gannon Client Boudreau’s Legal Bill Just Doubled as Galloway Play the Removal Card
J. Gannon Helstowski Law Firm of GannontheCannon.com, TexasCreditLaw.Com, JGHFirm.com is Not Registered with Texas OCCC.
Where are the Arbuckles’ of McKinney Livin’ Post 2019 Federal Foreclosure Judgment?
Answer; Where they were livin’ Post Foreclosure Judgment, namely at 5213 Lake Crest Dr, Mc Kinney, TX, 75071.
