HADLEY, CONRELL vs. U.S. BANK, N.A.
(Court 125, JUDGE KYLE CARTER)
JUN 29, 2023
CANYON SHORE PROPERTY
Hadley purchased 4835 CANYON SHORE DR HUMBLE TX 77396 on June 28, 2006 for around $329k. He ran into trouble in repayin’ this $3k per month mortgage as well, filing the first lawsuit in Harris County District Court via his then attorney, Ray Shackelford.
This first suit, styled HADLEY, CONRELL vs. AMERICA’S SERVICING COMPANY, 201207380 (2012-2013) would be dismissed for want of prosecution on March 13, 2013.
The second suit, styled HADLEY, CONRELL vs. AMERICA’S SERVICING COMPANY, 201411041 (2014), file by – you guessed it – Shackelford, fizzled too.
FOX MESA LANE PROPERTY
Hadley’s HELOC [secured] loan of $72K was recorded in October 2004 (per 5th Cir. opinion in 2021) against his now second [rental] home at 6908 FOX MESA LANE, HUMBLE, TX 77338.
In effect, from 1 July 2006 – 1 Oct 2022 Hadley has has the opportunity to generate rental income on the Fox HOA property. He also had an obligation to advise the mortgage servicer, who would most likely have increased his mortgage rate and require updated loan paperwork, etc. Whether Hadley disclosed this to the lender, or on his annual tax returns is unknown.
According to the 5th Circuit summary, he defaulted on those payments ($536 p.m.) and “Defendants first sent him a notice of acceleration of the loan on July 15, 2010”, meaning he defaulted before that date. LIT research shows that he actually stopped paying sometime in 2009 (per plaintiff’s own complaint, filed by Houston attorney Ray L. Shackelford).
HADLEY, CONRELL vs. DITECH FINANCIAL LLC, 201683270 (2016 – 2017), would be the lawsuit removed to federal court, as noted by the Fifth Circuit in their 2021 opinion.
However, this was actually his second lawsuit.
The first lawsuit would be in 2012, styled HADLEY, CORNELL vs. BAC HOME LOANS SERVICINGS L P and BANK OF NEW YORK MELLON, 201223108.
Undeterred, Hadley finally dumped lawyer Ray Shackelton and retained Jeffrey Jackson for the third lawsuit, styled HADLEY, CONRELL vs. THE BANK OF NEW YORK MELLON (F/K/A THE BANK OF NEW YORK) AS TRUSTEE, 202038392.
Despite res judicata seeping all over the pleadings (again, per 5th Cir. Opinion), Jackson knew he’d not be sanctioned for filing a frivolous lawsuit on behalf of his new client. And he was correct.
Indeed, the 5th Cir. conveniently omitted the first lawsuit from their summary.
These facts duly recorded, and despite not paying on his note for 13 years, the 5th Circuit did not write in their 2021 Opinion words to the same effect as they illuminated against the elder, pro se Burkes (Hadley is age 60 at the time of this article);
“Given nearly a decade of free living by the Burkes, there is no injustice in allowing that foreclosure to proceed.”
Deutsche Bank Nat. Trust Co. v. Burke, 902 F.3d 548, 552 (5th Cir. 2018). Judge W. Eugene Davis is a recurring panel member in the Burke’s appeals and he’s also on Hadley’s 2021 appeal. Hadley’s Opinion is different, in-so-much as it is completely devoid of any threats, warnings or inexcusable remarks.
RUSTY ANCHOR (LAND)
In another Ray Shackelford filing in Harris County District Court, submitted June 3, 2016 and styled HADLEY, CONRELL vs. BAYVIEW LOAN SERVICING LLC, 201637306 (2016-2017), re purchase of undeveloped land at 18826 RUSTY ANCHOR CT HUMBLE TX 77346, was subject to litigation by Hadley. Here, the complaint alleges the loss of the land to a foreclosure resulted in a claim for damages, etc. There was a suggestion of Bankruptcy, which is listed below, but the court did not dispose of this lawsuit (Judge Ursula Hall, that’s expected).