Stokey v. PHH Mortgage Corporation
(4:23-cv-01101)
District Court, E.D. Texas
FEB 2, 2024 | REPUBLISHED BY LIT: FEB 5, 2024
FEB 5, MAR 25,
APR 23, MAY 24, 2024
Above is the date LIT Last updated this article.
TRO FIASCO CONTINUES IN TEXAS FEDERAL COURTS
JOINT MOTION to Continue Deadline for Mediation by NewRez, LLC, Ocwen Loan Servicing, LLC, PHH Mortgage Corporation, Wells Fargo Bank, N.A
U.S. District Court
Eastern District of TEXAS [LIVE] (Sherman)
CIVIL DOCKET FOR CASE #: 4:23-cv-01101-ALM-AGD
| Stokey v. PHH Mortgage Corporation et al Assigned to: District Judge Amos L. Mazzant, III Referred to: Magistrate Judge Aileen Goldman Durrett
Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 12/13/2023 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 04/30/2024 | 26 | Defendants’ ANSWER to 21 Amended Complaint by NewRez, LLC, Ocwen Loan Servicing, LLC, PHH Mortgage Corporation, Wells Fargo Bank, N.A..(Griffith, Camille) (Entered: 04/30/2024) |
| 05/10/2024 | 27 | NOTICE of Designation of Mediator, T. King Fifer, filed by Bobby Neal Stokey. (Lindauer, Joyce) (Entered: 05/10/2024) |
| 05/15/2024 | 28 | NOTICE /Plaintiff’s Designation of Expert Witnesses by Bobby Neal Stokey (Lindauer, Joyce) (Entered: 05/15/2024) |
| 05/24/2024 | 29 | JOINT MOTION to Continue Deadline for Mediation by NewRez, LLC, Ocwen Loan Servicing, LLC, PHH Mortgage Corporation, Wells Fargo Bank, N.A.. (Attachments: # 1 Proposed Order)(Griffith, Camille) (Entered: 05/24/2024) |
| PACER Service Center | |||
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| Transaction Receipt | |||
| 05/24/2024 14:18:13 |
ORDER granting 24 UNOPPOSED MOTION for Extension of Time to File Response to 21 Amended Complaint.
Defendants’ answer or other responsive pleading to Plaintiff’s Amended Complaint must be filed no later than Tuesday, April 30, 2024.
Signed by Magistrate Judge Aileen Goldman Durrett on 4/18/2024. (rpc) (Entered: 04/19/2024)
U.S. District Court
Eastern District of TEXAS [LIVE] (Sherman)
CIVIL DOCKET FOR CASE #: 4:23-cv-01101-ALM-AGD
| Stokey v. PHH Mortgage Corporation et al Assigned to: District Judge Amos L. Mazzant, III Referred to: Magistrate Judge Aileen Goldman Durrett
Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 12/13/2023 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 03/03/2024 | 18 | SCHEDULING ORDER: Final Pretrial Conference set for 1/2/2025 at 09:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Amended Pleadings due by 5/29/2024. Discovery due by 8/21/2024. Joinder of Parties due by 4/17/2024. Jury instructions due by 12/19/2024. Mediation Completion due by 6/21/2024. Designation of Mediator due by 5/10/2024. Motions due by 8/2/2024. Proposed Pretrial Order due by 12/3/2024. Signed by Magistrate Judge Aileen Goldman Durrett on 3/3/2024. (rpc, ) (Entered: 03/04/2024) |
| 03/05/2024 | 19 | ORDER. The court hereby ORDERS that this case be submitted to mediation in accordance with the court’s Mediation Plan. By agreement of the Parties, the mediator assigned is King Fifer. Signed by Magistrate Judge Aileen Goldman Durrett on 3/5/2024. (rpc, ) (Entered: 03/06/2024) |
| 04/01/2024 | 20 | MOTION to Amend/Correct 6 Complaint /Plaintiff’s Motion for Leave to Amend Complaint by Bobby Neal Stokey. (Attachments: # 1 Proposed Order)(Lindauer, Joyce) (Entered: 04/01/2024) |
| 04/02/2024 | 21 | AMENDED COMPLAINT against NewRez, LLC, Ocwen Loan Servicing, LLC, PHH Mortgage Corporation, Wells Fargo Bank, N.A., filed by Bobby Neal Stokey.(Lindauer, Joyce) (Entered: 04/02/2024) |
| 04/15/2024 | 22 | NOTICE of Non-Opposition by NewRez, LLC, Ocwen Loan Servicing, LLC, PHH Mortgage Corporation, Wells Fargo Bank, N.A. re 20 MOTION to Amend/Correct 6 Complaint /Plaintiff’s Motion for Leave to Amend Complaint (Griffith, Camille) (Entered: 04/15/2024) |
| 04/16/2024 | 23 | ORDER granting 20 Motion for Leave to Amend Complaint. Plaintiff’s Amended Complaint is deemed filed as of April 2, 2024, and is now the live pleading in this matter. Signed by Magistrate Judge Aileen Goldman Durrett on 4/16/2024. (rpc) (Entered: 04/16/2024) |
| 04/17/2024 | 24 | UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 21 Amended Complaint by NewRez, LLC, Ocwen Loan Servicing, LLC, PHH Mortgage Corporation, Wells Fargo Bank, N.A.. (Attachments: # 1 Proposed Order)(Griffith, Camille) (Entered: 04/17/2024) |
| 04/18/2024 | 25 | ORDER granting 24 UNOPPOSED MOTION for Extension of Time to File Response to 21 Amended Complaint. Defendants’ answer or other responsive pleading to Plaintiff’s Amended Complaint must be filed no later than Tuesday, April 30, 2024. Signed by Magistrate Judge Aileen Goldman Durrett on 4/18/2024. (rpc) (Entered: 04/19/2024) |
| PACER Service Center | |||
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| Transaction Receipt | |||
| 04/23/2024 20:09:21 |
Mar 6, 2024: Order Referring Case to Mediator
It’s a familiar assignment – he was recently recommended in Dallas federal court by Deutsche Bank (FFGGP Inc v. Deutsche Bank National Trust Company) : former Judge King Fifer
ORDER. The court hereby ORDERS that this case be submitted to mediation in accordance with the court’s Mediation Plan. By agreement of the Parties, the mediator assigned is King Fifer.
Signed by Magistrate Judge Aileen Goldman Durrett on 3/5/2024. (rpc, ) (Entered: 03/06/2024)
ORDER GOVERNING PROCEEDINGS: Rule 26 Meeting Report due by 2/20/2024.
Rule 16 Management Conference set for 3/6/2024 at 02:00 PM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III.
Signed by Magistrate Judge Aileen Goldman Durrett on 1/17/2024. (rpc, ) (Entered: 01/17/2024)
ORDER.
It is ORDERED that the hearing set for January 4, 2024, regarding Plaintiff’s Corrected Application for Temporary Restraining Order and Temporary Injunction (Dkt. # 12 ) is CANCELLED.
It is further ORDERED that Plaintiff’s Corrected Application for Temporary Restraining Order and Temporary Injunction (Dkt. # 11 ) is DENIED as moot.
Signed by Magistrate Judge Aileen Goldman Durrett on 1/4/2024. (rpc, ) (Entered: 01/04/2024)
| CASREF |
U.S. District Court
Eastern District of TEXAS [LIVE] (Sherman)
CIVIL DOCKET FOR CASE #: 4:23-cv-01101-ALM-AGD
| Stokey v. PHH Mortgage Corporation et al Assigned to: District Judge Amos L. Mazzant, III Referred to: Magistrate Judge Aileen Goldman Durrett
Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 12/13/2023 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Bobby Neal Stokey | represented by | Joyce Williams Lindauer Joyce W Lindauer Attorney, PLLC 1412 Main Street Suite 500 Dallas, TX 75202 972/503-4033 Fax: 972/503-4034 Email: joyce@joycelindauer.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| PHH Mortgage Corporation | represented by | Matthew Kyle Hansen Locke Lord LLP – Dallas 2200 Ross Ave, Suite 2800 Dallas, TX 75201-6776 214-740-8496 Fax: 214-756-8496 Email: mkhansen@lockelord.com ATTORNEY TO BE NOTICEDRobert T Mowrey Locke Lord LLP – Dallas 2200 Ross Ave, Suite 2800 Dallas, TX 75201-6776 214/740-8000 Fax: 214/740-8800 Email: rmowrey@lockelord.com ATTORNEY TO BE NOTICEDCamille Denise Griffith Locke Lord LLP – Dallas 2200 Ross Ave, Suite 2800 Dallas, TX 75201-6776 214-740-8490 Fax: 214-740-8800 Email: Camille.Griffith@lockelord.com ATTORNEY TO BE NOTICED |
| Defendant | ||
| NewRez, LLC | represented by | Matthew Kyle Hansen (See above for address) ATTORNEY TO BE NOTICEDRobert T Mowrey (See above for address) ATTORNEY TO BE NOTICEDCamille Denise Griffith (See above for address) ATTORNEY TO BE NOTICED |
| Defendant | ||
| Wells Fargo Bank, N.A. | represented by | Matthew Kyle Hansen (See above for address) ATTORNEY TO BE NOTICEDRobert T Mowrey (See above for address) ATTORNEY TO BE NOTICEDCamille Denise Griffith (See above for address) ATTORNEY TO BE NOTICED |
| Defendant | ||
| Ocwen Loan Servicing, LLC | represented by | Matthew Kyle Hansen (See above for address) ATTORNEY TO BE NOTICEDRobert T Mowrey (See above for address) ATTORNEY TO BE NOTICEDCamille Denise Griffith (See above for address) ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 12/13/2023 | 1 | NOTICE OF REMOVAL by Wells Fargo Bank, N.A., NewRez, LLC, PHH Mortgage Corporation, Ocwen Loan Servicing, LLC from 471st Judicial District Court, Collin Co., TX, case number 471-07111-2023. (Filing fee $ 405 receipt number ATXEDC-9869138), filed by Wells Fargo Bank, N.A., NewRez, LLC, PHH Mortgage Corporation, Ocwen Loan Servicing, LLC. (Attachments: # 1 Exhibit A-H)(Griffith, Camille) (Entered: 12/13/2023) |
| 12/13/2023 | 2 | Fed. R. Civ. P. 7.1(a)(2) Disclosure Statement identifying party citizenship filed by NewRez, LLC, Ocwen Loan Servicing, LLC, PHH Mortgage Corporation, Wells Fargo Bank, N.A. (Griffith, Camille) (Entered: 12/13/2023) |
| 12/13/2023 | 3 | Fed. R. Civ. P. 7.1(a)(1) Disclosure Statement filed by NewRez, LLC, Ocwen Loan Servicing, LLC, PHH Mortgage Corporation, Wells Fargo Bank, N.A. identifying Corporate Parent Ocwen Financial Corporation for PHH Mortgage Corporation. (Griffith, Camille) (Entered: 12/13/2023) |
| 12/13/2023 | 4 | Fed. R. Civ. P. 7.1(a)(1) Disclosure Statement filed by Wells Fargo Bank, N.A. (Griffith, Camille) (Entered: 12/13/2023) |
| 12/13/2023 | 5 | Fed. R. Civ. P. 7.1(a)(1) Disclosure Statement filed by NewRez, LLC identifying Corporate Parent Rithm Capital Corp. for NewRez, LLC. (Griffith, Camille) (Entered: 12/13/2023) |
| 12/14/2023 | 6 | ***ORIGINALLY FILED IN STATE COURT*** COMPLAINT against NewRez, LLC, Ocwen Loan Servicing, LLC, PHH Mortgage Corporation, Wells Fargo Bank, N.A., filed by Bobby Neal Stokey. (Attachments: # 1 Exhibit A)(rpc, ) (Entered: 12/14/2023) |
| 12/14/2023 | 7 | ***ORIGINALLY FILED IN STATE COURT*** ANSWER to 6 Complaint by NewRez, LLC, Ocwen Loan Servicing, LLC, PHH Mortgage Corporation, Wells Fargo Bank, N.A..(rpc, ) (Entered: 12/14/2023) |
| 12/18/2023 | 8 | ORDER OF REFERRAL. Pursuant to 28 U.S.C. §636 and the Local Rules of this Court for the Assignment of Matters to Magistrate Judges, the Court hereby REFERS the above-referenced case to the Hon. Aileen Goldman Durrett for all pretrial proceedings. Signed by District Judge Amos L. Mazzant, III on 12/18/2023. (rpc, ) (Entered: 12/18/2023) |
| 12/19/2023 | 9 | ORDER AND ADVISORY. Signed by Magistrate Judge Aileen Goldman Durrett on 12/19/2023. (rpc, ) (Entered: 12/19/2023) |
| 12/22/2023 | 10 | MOTION for Temporary Restraining Order and Temporary Injunction by Bobby Neal Stokey. (Attachments: # 1 Proposed Order)(Lindauer, Joyce) Modified on 12/27/2023 (jmb, ). (Entered: 12/22/2023) |
| 12/26/2023 | 11 | CORRECTED MOTION for Temporary Restraining Order and Temporary Injunction by Bobby Neal Stokey. (Attachments: # 1 Proposed Order)(Lindauer, Joyce) (Additional attachment(s) added on 12/27/2023: # 2 Affidavit/Declaration) (jmb, ). (Entered: 12/26/2023) |
| 12/28/2023 | 12 | ORDER Setting Hearing on Motion 11 CORRECTED MOTION for Temporary Restraining Order and Temporary Injunction: Motion Hearing set for 1/4/2024 at 02:00 PM at the United States Courthouse Annex, 200 N. Travis Street, Chase Bank Building, Mezzanine Level, Sherman, Texas 75090, before Magistrate Judge Aileen Goldman Durrett. If the parties resolve this matter prior to the hearing, the parties shall notify the court immediately so that the court can cancel the hearing. Signed by Magistrate Judge Aileen Goldman Durrett on 12/28/2023. (dlw, ) (Entered: 12/28/2023) |
| 01/03/2024 | 13 | STIPULATION Regarding Notice of Foreclosure on Plaintiff’s Homestead by Bobby Neal Stokey. (Lindauer, Joyce) (Entered: 01/03/2024) |
| 01/04/2024 | 14 | ORDER. It is ORDERED that the hearing set for January 4, 2024, regarding Plaintiff’s Corrected Application for Temporary Restraining Order and Temporary Injunction (Dkt. # 12 ) is CANCELLED. It is further ORDERED that Plaintiff’s Corrected Application for Temporary Restraining Order and Temporary Injunction (Dkt. # 11 ) is DENIED as moot. Signed by Magistrate Judge Aileen Goldman Durrett on 1/4/2024. (rpc, ) (Entered: 01/04/2024) |
| 01/17/2024 | 15 | ORDER GOVERNING PROCEEDINGS: Rule 26 Meeting Report due by 2/20/2024. Rule 16 Management Conference set for 3/6/2024 at 02:00 PM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Signed by Magistrate Judge Aileen Goldman Durrett on 1/17/2024. (rpc, ) (Entered: 01/17/2024) |
| PACER Service Center | |||
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| Transaction Receipt | |||
| 02/05/2024 08:05:44 |
Bobby Stokey is on the team of advisors at Lincoln Investment in Frisco, TX. Bobby Stokey has been working for 36 year(s). Their current role is with Lincoln Investment. Bobby Stokey has previously passed the Series 63 examinations, and is registered to provide investment advice in Texas and Texas. Bobby Stokey may also provide advisory services in other states under an applicable state exemption from registration or notice filing.
Lincoln Investment is a financial advisory firm with an office in Frisco, TX. The advisory team at Lincoln Investment includes 885 advisor(s). The average advisor to client ratio is 1 advisor per 154 clients, but advisors may work with a higher or lower number of clients based on firm practices. The fees charged by financial advisory firms depended on the types of services they perform for each client. Lincoln Investment provides services, such as Financial planning services, Portfolio management for individuals and/or small businesses, Portfolio management for businesses (other than small businesses) or institutional clients (other than registered investment companies and other pooled investment vehicles and) and Selection of other advisers.
Cronyism: Roman Catholic Widow Martha Stolowski’s Home Foreclosure Saved by the Catholic Bandit: In a perplexing legal development, the dismissal of a lawsuit against decedent’s estate has caught LIT’s attention. https://t.co/C7tqS5ct7r@KofC @USCCB @BishopBarron @ChrisStefanick pic.twitter.com/MbPU91wfic
— lawsinusa (@lawsinusa) February 5, 2024
STIPULATION REGARDING NOTICE OF FORECLOSURE ON PLAINTIFF’S HOMESTEAD
JAN 3, 2024 | REPUBLISHED BY LIT: FEB 5, 2024
This Stipulation is entered into by and between the Bobby Neal Stokey (“Stokey” and/or “Plaintiff”), Plaintiff in these proceedings, and PHH Mortgage Corporation, NewRez, LLC, Wells Fargo Bank, N.A., and Ocwen Loan Servicing, LLC (collectively, “Defendants”), by and through their respective attorneys of record.
Concerning the Plaintiff’s residence located at 4722 Star Ridge Lane, Frisco, Texas 75034 (“Property”), the parties to this case stipulate as follows.
1. The Property is not currently posted for a foreclosure sale, and a hold on any foreclosure is currently in place according to counsel for Defendants.
2. In the event that any Defendant seeks to foreclose on the subject Property with respect to the second/subordinate lien on same during the pendency of the instant case, said
Defendants shall provide Plaintiff with at least 30-day’s advance notice of commencement of foreclosure proceedings, thereby giving Plaintiff ample time to re-urge the Corrected Application for Temporary Restraining Order and Temporary Injunction, and set a hearing on same.
3. The stipulation resolves the pending Corrected Application for Temporary Restraining Order and Temporary Injunction. This stipulation is without prejudice to either party to assert any claims or defenses.
STIPULATED AND AGREED TO THIS 3rd DAY OF JANUARY 2024.
AGREED
/ s / Matthew K. Hansen
Matthew K. Hansen
State Bar No. 24065368
Locke Lord, LLP
2200 Ross Avenue, Suite 2800
Dallas Texas 75201
Email: mkhansen@lockelord.com
Attorney for Defendants
/ s / Joyce W. Lindauer
Joyce W. Lindauer
State Bar No. 21555700
Joyce W. Lindauer Attorney,
PLLC 1412 Main Street, Suite 500
Dallas, Texas 75202
Telephone: (972) 503-4033
Email: joyce@joycelindauer.com
Attorney for Plaintiff
STIPULATION REGARDING NOTICE OF FORECLOSURE ON PLAINTIFF’S HOMESTEAD
JAN 3, 2024 | REPUBLISHED BY LIT: FEB 5, 2024
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