Appellate Judges

Deutsche Bank Sells $1.5 Million Homestead Property at 70 Percent Discount to Texas Lenders

The custom home builder and mortgage lender then flipped it to a mortgage broker and his wife to make their homestead for only $760k.

Powe v. Deutsche Bank National Trust Company

(4:15-cv-00661)

District Court, E.D. Texas

SEP 28, 2015 | REPUBLISHED BY LIT: JUN 12, 2024
JUN 13, 2024

Above is the date LIT Last updated this article.

Commentary to follow on the Greatest Theft of Citizens Residential Homesteads in American History.

You can clearly see the “hidden agenda” in this foreclosure case.

“Texas has long recognized a common law cause of action for wrongful foreclosure, which typically requires proof of a grossly inadequate sales price.

See Charter Nat’l Bank—Houston v. Stevens,781 S.W.2d 368, 371 (Tex.App.-Houston [14th Dist.] 1989, writ denied)

(tracing the “threads of Texas law on wrongful foreclosure back through more than one hundred years” and concluding that a plaintiff must usually either prove a grossly inadequate sales proof or that the lender engaged in acts designed to “chill” the bidding).

Davis v. Wells Fargo Bank, N.A., 976 F. Supp. 2d 870, 878 (S.D. Tex. 2013)

combined with the fact the unsecured Indymac loan had previously been written off/sold for cents on the dollar thereafter;

“A Wells Fargo representative allegedly told Miller that the bank “did not care whether or not Mr. Miller defaulted, or was foreclosed on, because Wells Fargo was guaranteed to get paid on Mr. Miller’s Loans through the federal loan loss guarantee.” ”

Davis at 870, 877 (S.D. Tex. 2013)

It is often difficult to write anything autobiographical, so I am calling to your attention the key information that will help you get to know me just a little better. The aspects of my life that have completely defined my approach to dentistry are few, but they help me treat God’s patients as gifts.

I was the first-born child of a wonderful military family. This blessing set me up for a life based on discipline and adventure. I changed schools often, which made my education paramount to my parents. They made sure my two brothers and myself considered learning our primary focus, so I loved learning. I am so thankful to them for instilling that craving for knowledge.

Today I consider it a privilege to participate in continuing education.

Our office always enjoys more than the required number of continuing education requirements.

I am a member of the American and Texas Dental Associations, the American Academy of Dental Sleep Medicine, the Academy of Laser Dentistry and the American Academy of Dental Implantology with completing qualifications as Fellow in 2022.

I also belong to the local North Texas Dental Society and am in the Junior League of Collin County.

These organizations, along with the Academy of General Dentistry, which I completed Fellow qualifications for in 2022, encourage and support our constant love for learning.

Adventure, adventure, adventure! Changing schools often as a child forced me to make the best of always being the “new girl.”

Getting to know my new surroundings and learning the local culture made it easier to fit in and develop a true love for people. It has been said that I never “meet a stranger.”

We want to know our patients and their families. That knowledge really makes a difference as we take the scientific information we gather from our clinical exams and apply it to the patients we treat.

Our patients are more than just a financial commodity. Lifelong relationships are what we are working to achieve. Seeing our patients enjoy beautiful, healthy smiles is how we measure our success. That is the greatest adventure imaginable!

My parents gave me the tools to approach my personal environment, but it was my education that gave me the tools to manipulate my world. I largely grew up in the beautiful and historic town of Natchitoches, Louisiana. This town, by the way, is the oldest settlement in the Louisiana Purchase.

I graduated second in my high school class. (My mother was valedictorian, and she loved me anyway!) I was awarded a full academic and athletic scholarship to Northwestern State University. I graduated with honors with a major in zoology and a minor in chemistry.

That education opened a world of opportunities that absolutely impacted my excitement about dentistry. My first real job was at the Baylor College of Dentistry (now the Texas A&M College of Dentistry) in Dallas, Texas.

I had the unbelievable opportunity to establish the first research lab for pediatric graduate students at that dental school. From that achievement, I was hooked on the science involved in treating human teeth. I completed my education at Baylor and started my own dental practice in 1992.

My world expanded with the awesome experiences of treating dental disease and restoring beautiful smiles. I am still amazed by that blessing even over 25 years later and thousands of smiles later.

The practice of dentistry has been a team effort. That team started with the best support system ever, in my husband of over 38 years (yes, I was barely an adult when I married).

He has helped with every aspect of our practice as well as help me raise our daughters, Mandi and Morgan. He did this while working full time and being extremely involved in the North Dallas and Collin County communities.

He is a member of Amity Bible Church and Omega Psi Phi Fraternity, Inc. Though our years of practice, he has been a member of several choirs and orchestras, as he is a world-class clarinet player. He supports my participation in the same church and in Delta Sigma Theta Sorority, Inc.

My greatest joy has been watching dentistry expand clinically and change practically. Our practice has enjoyed being on the front lines of that change. We have equipped our office with “state-of-the- art” digital equipment so our patients lack nothing that dentistry has to offer.

We strive to take care of the two-year old as well as his grandmother. We have the capacity to see inside the recesses of your TMJ joints and straighten that one misaligned tooth. Dentistry is fascinating, practical and advancing at rocket speed.

I love the patients, the science and the opportunities to serve.

I hope that gives you a glimpse of who I am and why this practice means what it does to us. Come meet our family of happy, healthy patients.

U.S. District Court
Eastern District of TEXAS [LIVE] (Sherman)
CIVIL DOCKET FOR CASE #: 4:15-cv-00661-ALM-CAN

Powe et al v. Deutsche bank National Trust Company
Assigned to: District Judge Amos L. Mazzant, III
Referred to: Magistrate Judge Christine A. Nowak

Case in other court:  Fifth Circuit COA, 18-41070

Cause: 28:1332 Diversity-Declaratory Judgement

Date Filed: 09/28/2015
Date Terminated: 04/24/2018
Jury Demand: None
Nature of Suit: 290 Real Property: Other
Jurisdiction: Diversity

 

Date Filed # Docket Text
11/16/2018 110 NOTICE OF APPEAL as to 99 Judgment by Regina Y. Powe, Wayne A. Powe. (daj, ) (Entered: 11/16/2018)
11/16/2018 111 Plaintiff’s EMERGENCY MOTION to Suspend the Enforcement of the Final Judgment Under Rule 62(d) and to Set the Amount of the Supersedeas Bond, and Brief in Support, by Regina Y. Powe, Wayne A. Powe. (Attachments: # 1 Affidavit, # 2 Exhibit A-1)(daj, ) (Entered: 11/16/2018)
11/21/2018 112 NOTICE by Deutsche Bank National Trust Company DEFENDANTS NOTICE OF NO OPPOSITION TO MOTION TO SUSPEND THE ENFORCEMENT OF THE FINAL JUDGMENT UNDER RULE 62(d) AND TO SET (Danaher, Philip) (Entered: 11/21/2018)
11/21/2018 113 ORDER re 111 MOTION to Suspend the Enforcement of the Final Judgment Under Rule 62(d) and to Set the Amount of the Supersedeas Bond, and Brief in Support filed by Regina Y. Powe, Wayne A. Powe. Defendant shall file a response to the Motion no later than 12:00 p.m. (noon) on Tuesday, November 27, 2018. Signed by District Judge Amos L. Mazzant, III on 11/21/2018. (daj, ) (Entered: 11/21/2018)
11/29/2018 114 ORDER granting 111 Motion to Suspend the Enforcement of the Final Judgment Under Rule 62(d) and to Set the Amount of the Supersedeas Bond. Plaintiffs must post the supersedeas bond in the amount of $87,106.00 before close of business on Monday, December 3, 2018. Plaintiffs are entitled to a stay if they post the supersedeas bond with the Court in the amount of $87,106.00 on or before Monday, December 3, 2018, at 5:00 p.m.. Signed by District Judge Amos L. Mazzant, III on 11/29/2018. (daj, ) (Entered: 11/29/2018)
11/30/2018 115 Plaintiff’s Unopposed EMERGENCY MOTION to Modify Terms of Supersedeas Bond by Regina Y. Powe, Wayne A. Powe. (Attachments: # 1 Exhibit Email Attached, # 2 Affidavit, # 3 Supplement copy of instant motion)(daj, ) (Entered: 11/30/2018)
12/03/2018 116 ORDER granting 115 Plaintiff’s Unopposed Emergency Motion to Modify Terms of Supersedeas Bond, as set forth herein. Signed by District Judge Amos L. Mazzant, III on 12/3/2018. (daj, ) (Entered: 12/03/2018)
12/04/2018 117 Supersedeas BOND in the amount of $ 25,000.00 posted by Regina Y. Powe, Wayne A. Powe, receipt number 6-44829. (mjc, ). (Entered: 12/04/2018)
01/02/2019 118 TRANSCRIPT REQUEST FORM filed indicating no hearings were held by Regina Y. Powe, Wayne A. Powe (NO HEARINGS) (Attachments: # 1 Envelope(s))(daj, ) Modified on 1/2/2019 (slo, ). (Entered: 01/02/2019)
01/11/2019 119 Supersedeas BOND in the amount of $ 2,800.00 posted by Regina Y. Powe, Wayne A. Powe, check number 1163 (rpc, ) (Entered: 01/14/2019)
02/08/2019 120 Supersedeas BOND in the amount of $ 2,800.00 posted by Regina Y. Powe, Wayne A. Powe, check number 1164. Receipt Number 6-45965. (rpc, ) Modified on 2/8/2019 (rpc, ). Modified on 2/15/2019 (gsg). (Entered: 02/08/2019)

 


 

PACER Service Center
Transaction Receipt
06/12/2024 13:33:47

U.S. District Court
Eastern District of TEXAS [LIVE] (Sherman)
CIVIL DOCKET FOR CASE #: 4:15-cv-00661-ALM-CAN

Powe et al v. Deutsche bank National Trust Company
Assigned to: District Judge Amos L. Mazzant, III
Referred to: Magistrate Judge Christine A. Nowak

Case in other court:  Fifth Circuit COA, 18-41070

Cause: 28:1332 Diversity-Declaratory Judgement

Date Filed: 09/28/2015
Date Terminated: 04/24/2018
Jury Demand: None
Nature of Suit: 290 Real Property: Other
Jurisdiction: Diversity
Plaintiff
Wayne A. Powe represented by Wayne A. Powe
291 Oakwood Trail
Fairview, TX 75069
PRO SE
Plaintiff
Regina Y. Powe represented by Regina Y. Powe
291 Oakwood Trail
Fairview, TX 75069
Email: reginapowedds@yahoo.com
PRO SE
V.
Defendant
Deutsche Bank National Trust Company
as Trustee for Residential Asset Securitization Trust Series 2004-A7 Mortgage Pass-Through Certificates 2004-G
represented by Gordon Welborne Green
Mackie Wolf Zientz & Mann, PC – Dallas
14160 North Dallas Parkway
Suite 900
Dallas, TX 75254
214-635-2650
Fax: 214-635-2686
Email: ggreen@johnstonclem.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDMark Douglas Cronenwett
Lewis Brisbois Bisgaard & Smith LLP
2100 Ross Avenue
Suite 2000
Dallas, TX 75201
214-722-7100
Email: mark.cronenwett@lewisbrisbois.com
ATTORNEY TO BE NOTICEDPhilip William Danaher
Danaher Law Firm
833 SW Lemans Lane
Ste 116
Lees Summit, MO 64082
817-791-4892
Email: philip@danaherlawfirm.com
ATTORNEY TO BE NOTICEDDustin Cole George
Miller Watson & George, PC
5550 Granite Parkway, Suite 245
Plano, TX 75024
469-514-9179
Fax: 214-291-5507
Email: dgeorge@mgs-legal.com
ATTORNEY TO BE NOTICED
Counter Claimant
Deutsche Bank National Trust Company
as Trustee for Residential Asset Securitization Trust Series 2004-A7 Mortgage Pass-Through Certificates 2004-G
represented by Philip William Danaher
(See above for address)
ATTORNEY TO BE NOTICEDDustin Cole George
(See above for address)
ATTORNEY TO BE NOTICED
V.
Counter Defendant
Regina Y. Powe
Counter Defendant
Wayne A. Powe

 

Date Filed # Docket Text
01/22/2020 143 Mail Returned as Undeliverable. Order 133 sent to Regina Y. Powe, Wayne A. Powe via certified mail, returned marked, “RETURN TO SENDER – UNCLAIMED – UNABLE TO FORWARD”. (daj, ) (Entered: 01/23/2020)
02/11/2020 144 Supersedeas BOND in the amount of $2,800.00 posted by Regina Y. Powe, Wayne A. Powe, check number 2487. Receipt number 01162. (rpc, ) (Entered: 02/11/2020)
02/24/2020 145 Mail Returned as Undeliverable. R&R 139 sent to plaintiffs via certified mail returned marked, “RETURN TO SENDER – UNCLAIMED – UNABLE TO FORWARD”. (daj, ) (Entered: 02/25/2020)
03/13/2020 146 Supersedeas BOND in the amount of $2,800.00 posted by Regina Y. Powe, Wayne A. Powe, check number 2495. Receipt number 01179. (rpc, ) (Entered: 03/13/2020)
04/16/2020 147 Security for civil bond Received from Regina Y. Powe, Wayne A. Powe in the amount of $ 2,800.00, Receipt #TXE600052149. (ksd) Copy of Affidavit and Receipt mailed to Wayne and Regina Powe, certified return receipt. #7018 3090 0001 8438 8293. Modified on 4/16/2020 (ksd ). (Entered: 04/16/2020)
04/21/2020 148 USCA NOTICE of SUPREME COURT ORDER received denying petition for writ of certiorari filed by Appellant Mr. Wayne A. Powe in 18-41070 (daj, ) (Entered: 04/21/2020)
04/29/2020 149 ACKNOWLEDGMENT OF RECEIPT of Receipt of payment of bond as to 147 Registry Funds Received. (ksd ) (Entered: 04/30/2020)

 


 

PACER Service Center
Transaction Receipt
06/12/2024 13:13:28

What happened to the Powe’s Home After Foreclosure and Eviction?

LIT’s live stream on X (see direct link) or read it above) explains the story of how the home was sold to banking industry insiders in Texas for financial greed.

Barrett Owens was appointed to the Board of Trustees in September 2019.

In May 2021 he was elected to serve as President of the Board.

Mr. Owens has lived in the Lovejoy district since 2005.

He and his wife, Paige, have three children which currently attend Lovejoy schools.

Mr. Owens owns and operates William Anthony Homes, a luxury custom builder and developer in the Lovejoy and north Collin County area and is Owner and President of Capacity Lending, LLC a residential mortgage lending company.

Prior to William Anthony Homes and Capacity Lending, LLC, Mr Owens was a member of the board of directors and the Chief Lending Officer for First National Bank of Trenton, now Cap Tex Bank.

Mr Owens has worked in Real Estate Construction, Finance and Development as well as investment management for over 20 years.

Mr. Owens earned his bachelor’s degree from the University of North Texas.

In the community, Mr. Owens is a member of Chase Oaks Church.

Mr. Owens is also active in youth sports and coaches baseball and softball with his son Cooper and daughters Jade and Macy.

He enjoys teaching kids the value of teamwork, sportsmanship, and the privilege of being able to participate in sports.

“It’s a privilege to serve Lovejoy and the amazing people that make up this community and school district” notes Mr. Owens.

“This school district is special for many reasons and in many ways.  I am excited to use my knowledge, wisdom and experience to help make it the best it can possibly be for our children.  Lovejoy is turning out tomorrow’s leaders and our strategic initiatives and priorities continue to provide an environment of success.  Our community leaders must stay focused and committed to ensure our students continue the legacy of success that has become Lovejoy” “One Heart One Lovejoy!”

Email: barrett_owens@lovejoyisd.net

President – Barrett Owens
Vice-President – Jeff Wood
Secretary – Amy Smith
Trustee – Julie McLaughlin
Trustee – Mark Wheelis
Trustee – Marvin Bobo
Trustee – Jason Jaynes
Lovejoy Independent School District
259 Country Club Road, Allen, TX 75002

Ten Buck Bandit: Lawyer Silvia Mintz Files Fraudulent Legal Docs in Harris County Real Property Records

This article will be updated once the foreclosure trustee deed is (or isn’t) posted in real property records.

Priority Mail: USPS Consistently Loses Time Sensitive Federal Court Filings for Weeks, Not Days

The excessive delays are when legal mailings are sent from Kingwood to the federal court mailing address in Houston, Texas from Joanna Burke.

Foreclosure Tyranny: Legal Entities Seize Homes with Immunity, Contradicting Consumer Protection Laws

Consumer Protection Conundrum: Unsecured Loan Collectors Accountable to Consumer Protection Laws While Foreclosure Entities Enjoy Immunity.

Deutsche Bank Sells $1.5 Million Homestead Property at 70 Percent Discount to Texas Lenders
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