Bankers

Deutsche Bank’s Legal Predators: Mackie Wolf’s Federal Court Pursuit for Tiny $4,000 Debt Unveiled

Decedents Louis Michael Albert and Shirley M. Albert were borrowers under the loan agreement in amount of $38,400 which matures in 2026.

APR 17, 2024 | REPUBLISHED BY LIT: MAY 1, 2024

PLAINTIFF’S NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE

Plaintiff Deutsche Bank National Trust Company, solely as Trustee for MASTR Specialized Loan Trust 2005-3 Mortgage Pass-Through Certificates, Series 2004-3 (“Plaintiff”) filed this Notice of Voluntary Dismissal Without Prejudice as to Defendant Louis Albert (“Notice”) pursuant to Rule 41 of the Federal Rules of Civil Procedure, and shows the Court as follows:

1.                  On April 17, 2024, Plaintiff filed its Original Complaint (“Complaint”) against Defendant Louis Albert (“Defendant”) to obtain an order authorizing foreclosure of the subject real property. (ECF No. 1.)

2.                  The Defendant has not answered or otherwise appeared in this action.

3.                  Plaintiff no longer wishes to pursue this [LIT: SMALL DEBT $4,000] claim for foreclosure against Defendant.

Accordingly, it files this Notice, pursuant to Rule 41 (a)(1)(A)(i) of the Federal Rules of Civil Procedure. Plaintiff files this Notice before Defendant filed an answer or motion for summary judgment. As such, Plaintiff voluntarily dismisses the claims it has asserted herein against Defendant Louis Albert without prejudice to the re-filing of the same.

4.                  This dismissal will finally dispose of all parties and all claims. Defendant will not be prejudiced by this voluntary dismissal.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests the Plaintiff’s claims against Defendant Louis Albert be dismissed without prejudice, that no prejudice attach to such dismissal, and that Plaintiff be awarded all other relief to which Plaintiff may be entitled.

Respectfully submitted,

By:   /s/ Nicholas M. Frame

NICHOLAS M. FRAME

Texas Bar No. 24093448
nframe@mwzmlaw.com

MACKIE WOLF ZIENTZ & MANN, P. C.
14160 North Dallas Parkway, Suite 900
Dallas, TX 75254
Telephone: (214) 635-2650
Facsimile: (214) 635-2686

ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE

I hereby certify that on July 25, 2024, a true and correct copy of the foregoing was served in the manner described below on the following:

VIA U.S. Mail:
Louis Albert

8819 Diamond Lake Lane Houston, Texas 77083

Deutsche Bank National Trust Company v. Albert

(4:24-cv-01381)

District Court, S.D. Texas, Judge Lee Rosenthal

APR 17, 2024 | REPUBLISHED BY LIT: MAY 1, 2024
MAY 1, 20 31,
JUN 19, JUL 23, 2024

Above is the date LIT Last updated or visited this article.

In the real property records, there’s a conspicuous absence of any modifications or refinancing throughout the 27-year tenure of the parents’ ownership. Here’s the legal papers we found, which are from the 1996 loan for $38,400.

However, shortly after Shirley Albert’s passing, a peculiar shift occurs: suddenly, the home, appraised at $150k, becomes an irresistible target.

It’s crucial to bear in mind that the legal representatives of Deutsche Bank, acting as the straw man, possess a troubling capacity for manipulating legal documents at will.

Their track record of deceit, as extensively documented by LIT in our published articles, underscores their unscrupulous nature.

Moreover, their pervasive involvement in every stage of the foreclosure process—from purportedly representing the trustee (Deutsche Bank) to assuming the role of the servicer and ultimately transforming into the auctioneers (under the guise of alter ego AVT Title Services LLC)—exposes a deeply entrenched web of deception.

This labyrinthine scheme culminates in the acquisition of the property through a “credit bid,” followed by the selection of a favored acquaintance for resale.

At each juncture of this nefarious progression, exorbitant fees, charges, and illicit kickbacks are siphoned from the estate—ultimately burdening the son, who is left grappling with the aftermath.

Initial Discovery Protocols (FORM)

ORDER Scheduling Rule 16 Conference With the Court and Setting Out the Requirements for Initial Pretrial Work. Initial Conference

set for 8/9/2024 at 11:10 AM by video before Judge Lee H Rosenthal.

(Signed by Judge Lee H Rosenthal)

(Attachments: # 1 Attachments) Parties notified. (acj4) (Entered: 04/18/2024)

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:24-cv-01381

Deutsche Bank National Trust Company v. Albert
Assigned to: Judge Lee H Rosenthal
Cause: 28:1332 Diversity-Breach of Contract
Date Filed: 04/17/2024
Jury Demand: None
Nature of Suit: 290 Real Property: Other
Jurisdiction: Diversity
Plaintiff
Deutsche Bank National Trust Company
solely as Trustee for MASTR Specialized Loan Trust 2005-3 Mortgage Pass-Through Certificates, Series 2005-3
represented by Nicholas 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 NOTICEDMark Douglas Cronenwett
Mackie Wolf Zientz & Mann, P.C.
14160 N. Dallas Parkway, Ste. 900
Dallas, TX 75254
214-635-2650
Fax: 214-635-2686
Email: mcronenwett@mwzmlaw.com
ATTORNEY TO BE NOTICED
V.
Defendant
Louis Albert represented by Louis Albert
PRO SE

 

Date Filed # Docket Text
04/17/2024 1 COMPLAINT against Louis Albert (Filing fee $ 405 receipt number ATXSDC-31486224) filed by Deutsche Bank National Trust Company, solely as Trustee for MASTR Specialized Loan Trust 2005-3 Mortgage Pass-Through Certificates, Series 2005-3. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet) (Cronenwett, Mark) (Entered: 04/17/2024)
04/17/2024 2 CERTIFICATE OF INTERESTED PARTIES by Deutsche Bank National Trust Company, solely as Trustee for MASTR Specialized Loan Trust 2005-3 Mortgage Pass-Through Certificates, Series 2005-3, filed. (Frame, Nicholas) (Entered: 04/17/2024)
04/17/2024 3 Request for Issuance of Summons as to Louis Albert, filed. (Frame, Nicholas) (Entered: 04/17/2024)
04/18/2024 4 Summons Issued as to Louis Albert. Issued summons delivered to plaintiff by NEF, filed. (ddb4) (Entered: 04/18/2024)
04/18/2024 5 ORDER Scheduling Rule 16 Conference With the Court and Setting Out the Requirements for Initial Pretrial Work. Initial Conference set for 8/9/2024 at 11:10 AM by video before Judge Lee H Rosenthal. (Signed by Judge Lee H Rosenthal) (Attachments: # 1 Attachments) Parties notified. (acj4) (Entered: 04/18/2024)

 


 

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05/01/2024 23:04:36

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Deutsche Bank’s Legal Predators: Mackie Wolf’s Federal Court Pursuit for Tiny $4,000 Debt Unveiled
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