Deutsche Bank National Trust Company v. Priscilla Ann Poston
(4:23-cv-02017)
District Court, S.D. Texas, Judge Lee Rosenthal
APR 17, 2024 | REPUBLISHED BY LIT: MAY 2, 2024
MAY 2 14, 2024
Above is the date LIT Last updated this article.
MOTION for Summary Judgment,
Final and Brief in Support by Deutsche Bank National Trust Company, filed.
Motion Docket Date 4/24/2024.
(Attachments: # 1 Exhibit, # 2 Proposed Order)
(Frame, Nicholas) (Entered: 04/03/2024)
screenshot 5/14/2024
Currently for sale: $170k asking price
Original loan $72k in 2006
Interest rate: 9.55%
Payoff: $93k in 2024
Payments stopped in 2022, appx 16 years after loan started.
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes David Medearis, counsel for Defendants Amrea Marie Poston, Lorena Ann Poston, and Tiki Sundeta Poston, and brings this Motion to Withdraw as Counsel and in support thereof shows:
1. Movant is the attorney of record for Amrea Marie Poston, Lorena Ann Poston, and Tiki Sundeta Poston, and was retained to represent these Defendants in this suit.
The Initial Conference is currently set for February 8, 2024.
A copy of the Notice of Resetting is attached as Exhibit A.
The parties have previously submitted a proposed scheduling order, which counsel asks the court to enter at the conference.
The undersigned counsel also asks the court to enter an order allowing the undersigned counsel to withdraw.
2. The defendants initially hired me to assist with this case and help them to sell the subject property.
A conflict has occurred, and it is apparent that further representation to pursue the stated aim of the representation is not practicable.
The defendants have been advised of my intention to withdraw and have made no objection.
I have provided the defendants with a link to participate in the scheduling conference should they choose to attend.
3. Good cause exists for the withdrawal of David Medearis as counsel, in that the current conflict prevents good attorney-client relations.
4. A copy of this motion and proposed order is being mailed to Amrea Marie Poston, Lorena Ann Poston, and Tiki Sundeta Poston at their last known addresses, along with a copy of the Notice of Resetting.
5. Last known addresses for Defendants are:
Amrea Marie Poston
729 Kesner Ave.
Sacramento, CA 95838
hottiepocca@gmail.com
Lorena Ann Poston
545 S 9th St. Apt. 1
San Jose, CA 95112
lorenaposton8@gmail.com
Tiki Sundeta Poston
1221 George Cir.
Hayward, CA 94541
tikiposton@gmail.com
6. WHEREFORE, PREMISES CONSIDERED, Movant prays that the Court will grant said Motion to Withdraw.
Respectfully Submitted,
MEDEARIS LAW FIRM, PLLC
David Medearis,
SBN 24041465
Fed ID 557586
Medearis Law Firm, PLLC
1560 W. Bay Area Blvd., Suite 304
Friendswood, TX 77546
dmedearis@medearislaw.com
ATTORNEY FOR DEFENDANTS AMREA POSTON, LORENA POSTON, AND TIKI POSTON
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:23-cv-02017
| Deutsche Bank National Trust Company et al v. Priscilla Ann Poston et al Assigned to: Judge Lee H Rosenthal Cause: 28:1332 Diversity-Declaratory Judgment |
Date Filed: 06/01/2023 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Plaintiff | ||
| Deutsche Bank National Trust Company as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2007-HE3 Mortgage Pass-Through Certificates, Series 2007-3 |
represented by | Mark Douglas Cronenwett Mackie Wolf Zientz & Mann, P.C. 14160 Nort Dallas Parkway Suite 900 Dallas, TX 75254 214-635-2650 Fax: 214-635-2686 Email: mcronenwett@mwzmlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDNicholas Michael Frame Mackie Wolf Zientz Mann, P.C. 5177 Richmond Avenue Suite 1230 Houston, TX 77056 713-730-3219 Email: nframe@mwzmlaw.com ATTORNEY TO BE NOTICEDSarah Elizabeth Sibley Ford Bergner LLP 700 Louisiana Street, 48th Floor Houston, TX 77002 713-260-3926 Fax: 713-260-3903 Email: ssibley@fordbergner.com ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Priscilla Ann Poston TERMINATED: 09/21/2023 |
||
| Defendant | ||
| Amrea Marie Poston | represented by | Amrea Marie Poston PRO SEDavid Miller Medearis Medearis Law Firm, PLLC 1560 W. Bay Area Blvd Ste 304 Friendswood, TX 77546 281-954-6270 Email: dmedearis@medearislaw.com TERMINATED: 02/09/2024 ATTORNEY TO BE NOTICED |
| Defendant | ||
| Lorena Ann Poston | represented by | Lorena Ann Poston PRO SEDavid Miller Medearis (See above for address) TERMINATED: 02/09/2024 ATTORNEY TO BE NOTICED |
| Defendant | ||
| Tiana Reann Poston TERMINATED: 09/29/2023 |
||
| Defendant | ||
| Tiki Sundeta Poston | represented by | Tiki Sundeta Poston PRO SEDavid Miller Medearis (See above for address) TERMINATED: 02/09/2024 ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/01/2023 | 1 | COMPLAINT against All Defendants (Filing fee $ 402 receipt number ATXSDC-30004876) filed by Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2007-HE3 Mortgage Pass-Through Certificates, Series 2007-3. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Cronenwett, Mark) (Entered: 06/01/2023) |
| 06/01/2023 | 2 | CERTIFICATE OF INTERESTED PARTIES by Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2007-HE3 Mortgage Pass-Through Certificates, Series 2007-3, filed.(Cox, Sarah) (Entered: 06/01/2023) |
| 06/01/2023 | 3 | Request for Issuance of Summons as to All Defendants, filed.(Cox, Sarah) (Entered: 06/01/2023) |
| 06/02/2023 | 4 | ORDER Scheduling Rule 16 Conference With the Court and Setting Out the Requirements for Initial Pretrial Work. Initial Conference set for 8/25/2023 at 10:50 AM by video before Judge Lee H Rosenthal. (Signed by Judge Lee H Rosenthal) (Attachments: # 1 Attachments) Parties notified.(RebeccaBecknal, 4) (Entered: 06/02/2023) |
| 06/02/2023 | 5 | Summons Issued as to All Defendants. Issued summons delivered to plaintiff by NEF, filed. (RebeccaBecknal, 4) (Entered: 06/02/2023) |
| 07/10/2023 | 6 | RETURN of Service of SUMMONS Executed as to Tiana Reann Poston served on 6/23/2023, answer due 7/14/2023, filed.(Cox, Sarah) (Entered: 07/10/2023) |
| 07/10/2023 | 7 | RETURN of Service of SUMMONS Executed as to Tiki Sundeta Poston served on 7/5/2023, answer due 7/26/2023, filed.(Cox, Sarah) (Entered: 07/10/2023) |
| 07/10/2023 | 8 | ORDER on Initial Discovery Protocols for Residential Mortgage Cases.(Signed by Judge Lee H Rosenthal) Parties notified.(leddins, 4) (Entered: 07/10/2023) |
| 07/14/2023 | 9 | RETURN of Service of SUMMONS Executed as to Priscilla Ann Poston served on 6/17/2023, answer due 7/10/2023, filed.(Cox, Sarah) (Entered: 07/14/2023) |
| 07/31/2023 | 10 | RETURN of Service of SUMMONS Executed as to Amrea Marie Poston served on 7/12/2023, answer due 8/2/2023, filed.(Cox, Sarah) (Entered: 07/31/2023) |
| 08/01/2023 | 11 | ANSWER to 1 Complaint, by Amrea Marie Poston, Lorena Ann Poston, Tiki Sundeta Poston, filed.(Medearis, David Miller) (Entered: 08/01/2023) |
| 08/07/2023 | 12 | CERTIFICATE OF INTERESTED PARTIES by Amrea Marie Poston, Lorena Ann Poston, Tiki Sundeta Poston, filed.(Medearis, David Miller) (Entered: 08/07/2023) |
| 08/25/2023 | 13 | Minute entry for proceedings before the Hon. Lee H. Rosenthal. Initial conference held on August 25, 2023. The initial conference is reset for August 30, 2023, at 10:50 a.m. by Zoom.Appearances: Sarah Cox for Pltf. (Court Reporter: N. Forrest), filed.(LisaEddins, 4) (Entered: 08/28/2023) |
| 08/29/2023 | 14 | JOINT DISCOVERY/CASE MANAGEMENT PLAN by Deutsche Bank National Trust Company, filed. (Attachments: # 1 Proposed Order)(Cox, Sarah) (Entered: 08/29/2023) |
| 08/30/2023 | 15 | Minute entry for proceedings before the Hon. Lee H. Rosenthal. Initial conference held on August 30, 2023. The court conferred with the parties. The initial conference is reset for October 30, 2023, at 10:00 a.m. by Zoom. Appearances:Sarah Cox for Pltf. and David Medearis for Defts.(Court Reporter: N. Forrest), filed.(LisaEddins, 4) (Entered: 08/30/2023) |
| 09/05/2023 | 16 | REQUEST for Entry of Default against Priscilla Ann Poston by Deutsche Bank National Trust Company, filed. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Cox, Sarah) (Entered: 09/05/2023) |
| 09/05/2023 | 17 | MOTION for Default Judgment against Priscilla Ann Poston by Deutsche Bank National Trust Company, filed. Motion Docket Date 9/26/2023. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Cox, Sarah) (Entered: 09/05/2023) |
| 09/11/2023 | 18 | Clerks ENTRY OF DEFAULT against Priscilla Ann Poston re: 17 MOTION for Default Judgment against Priscilla Ann Poston (Signed by Judge Lee H Rosenthal) Parties notified.(KimberlyPicota, 4) (Entered: 09/11/2023) |
| 09/11/2023 | 19 | FINAL DEFAULT JUDGMENT against Priscilla Ann Poston.(Signed by Judge Lee H Rosenthal) Parties notified.(KimberlyPicota, 4) (Entered: 09/11/2023) |
| 09/25/2023 | 20 | REQUEST for Entry of Default against Tiana Reann Poston by Deutsche Bank National Trust Company, filed. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Cox, Sarah) (Entered: 09/25/2023) |
| 09/25/2023 | 21 | MOTION for Default Judgment against Tiana Reann Poston by Deutsche Bank National Trust Company, filed. Motion Docket Date 10/16/2023. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Cox, Sarah) (Entered: 09/25/2023) |
| 09/29/2023 | 22 | Clerks ENTRY OF DEFAULT against Tiana Reann Poston Parties notified.(GabrielleLyons, 4) (Entered: 09/29/2023) |
| 09/29/2023 | 23 | DEFAULT JUDGMENT against Tiana Reann Poston ; granting 21 MOTION for Default Judgment against Tiana Reann Poston.(Signed by Judge Lee H Rosenthal) Parties notified.(GabrielleLyons, 4) (Entered: 09/29/2023) |
| 10/05/2023 | 24 | NOTICE of Resetting. Parties notified. Initial Conference reset for 11/3/2023 at 10:40 AM by video before Judge Lee H Rosenthal, filed. *The Zoom information can be found on Judge Rosenthal’s home page, at the bottom of the page, in the Interactive calendar. (LisaEddins, 4) (Entered: 10/05/2023) |
| 11/03/2023 | 25 | Minute entry for proceedings before the Hon. Lee H. Rosenthal. Initial conference held on November 3, 2023. The conference is reset to December 11, 2023 at 9:00 a.m. by Zoom. The parties will notify the court if a settlement is reached before then. Appearances: Sarah Cox. for Pltf. and David Medearis for Defts. A. Poston, L. Poston and T. Poston.(Court Reporter: M Capetillo), filed.(LisaEddins, 4) (Entered: 11/07/2023) |
| 11/28/2023 | 26 | RETURN of Service of SUMMONS Executed as to Lorena Ann Poston served on 11/3/2023, answer due 11/24/2023, filed.(Cox, Sarah) (Entered: 11/28/2023) |
| 12/11/2023 | 27 | Minute entry for proceedings before the Hon. Lee H. Rosenthal. Initial conference reset for December 18, 2023 at 9:30AM by Zoom.Appearances:Sarah Cox for Pltf. and David Medearis for Deft.(Court Reporter: D. Smith), filed.(LisaEddins, 4) (Entered: 12/11/2023) |
| 12/12/2023 | 28 | NOTICE of Resetting. Parties notified. Initial Conference reset for 1/5/2024 at 02:30 PM by video before Judge Lee H Rosenthal, filed. (LisaEddins, 4) (Entered: 12/12/2023) |
| 01/02/2024 | 29 | NOTICE of Resetting. Parties notified. Initial Conference reset for 1/10/2024 at 03:00 PM in by video before Judge Lee H Rosenthal, filed. *The Zoom formation can be located on Judge Rosenthals home page, at the bottom of the page, in the Interactive calendar link. (LisaEddins, 4) (Entered: 01/02/2024) |
| 01/04/2024 | 30 | NOTICE of Appearance by Nicholas M. Frame on behalf of Deutsche Bank National Trust Company, filed. (Frame, Nicholas) (Entered: 01/04/2024) |
| 01/09/2024 | 31 | PROPOSED ORDER for Scheduling and Docket Control, filed.(Frame, Nicholas) (Entered: 01/09/2024) |
| 01/10/2024 | 32 | Minute entry for proceedings before the Hon. Lee H. Rosenthal. Initial conference held on January 10, 2024. The conference is reset for February 2, 2024, at 10AM by Zoom.Appearances: Nicholas Frame. for Pltf. and David Medearis for Defts. (Court Reporter: D. Smith), filed.(LisaEddins, 4) (Entered: 01/12/2024) |
| 01/17/2024 | 33 | NOTICE of Resetting. Parties notified. Initial Conference reset for 2/1/2024 at 02:30 PM by video before Judge Lee H Rosenthal, filed. (LisaEddins, 4) (Entered: 01/17/2024) |
| 01/24/2024 | 34 | NOTICE of Resetting. Parties notified. Initial Conference reset for 2/8/2024 at 03:10 PM in by video before Judge Lee H Rosenthal, filed. *The Zoom formation can be located on Judge Rosenthals home page, at the bottom of the page, in the Interactive calendar link. (LisaEddins, 4) (Entered: 01/24/2024) |
| 02/06/2024 | 35 | MOTION for David Medearis to Withdraw as Attorney by Amrea Marie Poston, Lorena Ann Poston, Tiki Sundeta Poston, filed. Motion Docket Date 2/27/2024. (Attachments: # 1 Proposed Order Proposed Order on Motion to Withdraw)(Medearis, David Miller) (Entered: 02/06/2024) |
| 02/08/2024 | 36 | Minute entry for proceedings before the Hon. Lee H. Rosenthal. Initial conference held on February 8, 2024. The motion to withdraw is granted. (Docket Entry No. 35). Appearances: Nicholas Frame for Pltf. and David Medearis for Defts.(Court Reporter: C. Cummings), filed.(LisaEddins, 4) (Entered: 02/09/2024) |
| 04/03/2024 | 37 | MOTION for Summary Judgment , Final and Brief in Support by Deutsche Bank National Trust Company, filed. Motion Docket Date 4/24/2024. (Attachments: # 1 Exhibit, # 2 Proposed Order) (Frame, Nicholas) (Entered: 04/03/2024) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 05/02/2024 00:40:48 |
Homeowners Represent Themselves In S.D. Texas Federal Court before Judge Lee Rosenthal
Homeowners represent themselves in this stop foreclosure and eviction from 27756 Country Colony Dr Splendora, TX 77372 in S.D. Tex. court.
Brooks n’ BDF Crooks: Pro se Clarence Williams is in Distress but Snap Removed by JPMorgan Chase
Williams has owned the home since 1988. His wife has dementia, cancer and living in a nursing facility. JPM and BDF claim he owes $403k.
