Caballero v. FCI Lender Services Inc
District Court, N.D. Texas
JUL 5, 2022 | REPUBLISHED BY LIT: JUL 5, 2022
How is there even a Foreclosure Auction?
How did Caballero manage to keep the home and why is the Government not involved in the auction?
It’s clear to LIT from the complaint, that Jose Antonio Caballero somehow managed to keep his house while incarcerated, complaining to the court, via motion, that his home had been unlawfully seized by the US Marshals Service.
That stated, we’re not sure how he managed to keep a hold of the property, considering he was ordered to repay a million dollars in restitution, and his follow-up QWR letter to the servicer states that there’s at least $800k equity in the homestead.
A review of the criminal docket does not show any judge addressing doc. 53, the motion by Caballero or the government’s prosecutors arguing for seizure of the property – after the hearing was reset a couple of times and canceled again per doc 72 – (ORDER granting 69 Agreed Motion to Cancel Hearing as to Jose Antonio Caballero (1). Signed by Magistrate Judge Christine A. Nowak on 06/27/2016. (kkc, ) (Entered: 06/27/2016)), and which was never reset and a new time entered.
The next major event on the docket was Caballero’s release, doc. 77 – Probation/Supervised Release Jurisdiction Transferred to ND/TX, Dallas Div as to Jose Antonio Caballero Transmitted Transfer of Jurisdiction form with Docket Sheet, Indictment, and Judgment. (Entered: 07/25/2017).
Moving onto the 2022 complaint by Caballero, he complains that he personally attended the scheduled foreclosure sale/auction and that no sale happened.
Furthermore he complains that the $104k plus of payments made to his mortgage account (after his arrest in 2015), were never reflected on the mortgage statement.
He submitted this QWR via an attorney, Ryan Daniel, who sent a Qualified Written Request (QWR) to the mortgage loan servicer (but the letter is not dated as far as LIT can tell, perhaps allowing the servicer to ‘ignore’ the letter).
Daniel and Caballero would part ways and Caballero submitted a follow up QWR on Apr 1, 2022 to the servicer, wherein he complains that he’s attempted to sell the property for $800k profit but that has been ‘blocked’.
The name Caballero mentions, and which we understand to be the current owner of the purchased mortgage debt, based on our interpretation of his limited english on the letter, is Ron McMahon of American Mortgage Investment Partners, (AMIP Management) who is the CEO, per his Linkedin profile, for this California-based entity.
AMIP use FCI Lender Services Inc as their servicer, and as you should know if you read LIT, the lenders like Wilmington listed in this civil action are straw men, the debt has been sold to AMIP, a debt buyer.
Caballero’s counsel is sanctioned Wade Kricken, who we assume has performed due diligence before accepting ‘Antonio Caballero’ as his client.
U.S. District Court
Northern District of Texas (Dallas)
CIVIL DOCKET FOR CASE #: 3:22-cv-01578-G-BH
|Caballero v. FCI Lender Services Inc et al
Assigned to: Senior Judge A. Joe Fish
Referred to: Magistrate Judge Irma Carrillo Ramirez
Cause: 28:1332 Diversity-Other Contract
|Date Filed: 07/20/2022
Jury Demand: None
Nature of Suit: 220 Real Property: Foreclosure
|Antonio Caballero||represented by||Wade Travis Kricken
Kricken Law Firm PLLC
4261 E University Drive
Suite 30, PMB 261
Prosper, TX 75078
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good Standing
|FCI Lender Services Inc|
|Wilmington Savings Fund Society FSB
as owner trustee of the residential credit opportunities trust V-E
|Date Filed||#||Docket Text|
|07/20/2022||1||COMPLAINT against All Defendants filed by Antonio Caballero. (Filer fee note- IFP motion in complaint or to be filed) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information – Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Kricken, Wade) (Entered: 07/20/2022)|
|07/20/2022||2||CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Antonio Caballero. (Clerk QC note: No affiliate entered in ECF). (Kricken, Wade) (Entered: 07/20/2022)|
|07/20/2022||3||New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Ramirez (see Special Order 3). Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (sxf) (Entered: 07/22/2022)|
|PACER Service Center|
State Bar of Texas; notably no pdf’s or complaint available online regarding this lawyer’s disciplinary case.
On May 30, 2017, Wade Travis Kricken [#24034527], 41, of Prosper, received a one-year fully probated suspension effective June 1, 2017.
An evidentiary panel of the District 6 Grievance Committee found that Kricken filed frivolous actions on behalf of debtors in bankruptcy court without the debtors’ knowledge or consent, knowingly made false statements of material fact to a third person, and used means that had no substantial purpose other than to delay a third person.
Kricken violated Rules 3.01, 4.01(a), and 4.04(a). He was ordered to pay $3,222.50 in attorneys’ fees and $380.50 in direct expenses.
AMIP Management is an alternative asset management firm specializing in the acquisition and resolution of distressed residential real estate and mortgages across the United States.
We were established to capitalize on the significant investment opportunities resulting from the severe dislocation of asset values and substantial structural changes within the residential housing and mortgage finance markets.
We manage and co-invest in multiple institutional investment funds.
Our senior personnel have raised in excess of $1 billion of debt and equity financing to acquire, manage, and resolve more than $3 billion of distressed residential assets since the financial crisis of 2007-2008.
The underlying principal of our corporate philosophy is the preservation of homeownership in the United States.
We diligently work with our borrowers to ensure they have every opportunity to retain their home and avoid foreclosure.
In situations where home retention is not possible we will provide relocation assistance.
Borrowers are encouraged to make contact with our representatives at our servicer FCI Lender Services regarding our loss mitigation programs and relocation assistance.
For loss mitigation inquiries, or general questions regarding your mortgage, please contact our servicer FCI Lender Services
American Mortgage Investment Partners Management, LLC (d/b/a AMIP Management) is a registered investment advisor with the Securities and Exchange Commission (SEC). Registration with the SEC does not imply a certain level or skill or training. Additional information is available on the SEC’s website at www.adviserinfo.sec.gov.
Department of Justice
U.S. Attorney’s Office
Eastern District of Texas
FOR IMMEDIATE RELEASE
Wednesday, January 28, 2015
Dallas Former Mortgage Broker Guilty of Fraud
Department of Justice
Office of Public Affairs
CABALLERO REGISTERED AS OWNER (UNTIL 2022 FORECLOSURE SALE)
JUDGMENT as to Jose Antonio Caballero (1), Count(s) 1,
24 months imprisonment,
Supervised Release for 1 year, standard, mandatory and special conditions.
Signed by Judge Amos L. Mazzant, III on 7/22/15. (fnt, ) (Entered: 07/22/2015)
'SEAL BEACH' OF COURSE, COMES BACK TO AMIP MGT
SHERMAN, Texas – A 55-year-old Dallas former mortgage broker has pleaded guilty to federal charges in connection with a mortgage fraud scheme in the Eastern District of Texas, announced U.S. Attorney John M. Bales.
Jose Antonio Caballero pleaded guilty to defrauding the Department of Housing and Urban Development and Federal Housing Administration today before U.S. District Judge Amos L. Mazzant.
According to information presented in court, Caballero owned and operated American Processing Center, providing assistance to homeowners with mortgage loan modification programs, including the Home Affordable Modification Program (HAMP).
Between March 2011 and December 2011, Caballero worked with homeowners in Mesquite, Texas to obtain an extension and renewal of a loan and mortgage on their residence on Bayberry Drive, which was insured by the Department of Housing and Urban Development.
In the process, Caballero falsified documents, including a Statement of Hardship Letter, a Monthly Income Expense Worksheet, and a Making Home Affordable Program Request for Modification and Affidavit. Caballero did so knowing the documents were fraudulent and for the purpose of defrauding the federal agencies.
Caballero also engaged in similar conduct with respect to 20 other properties located in Carrollton, Dallas, Farmers Branch, Fort Worth, Garland, Grand Prairie, Irving, Little Elm, Mesquite, and Rowlett, some of which were secured by Fannie Mae and Freddie Mac.
Caballero faces up to two years in federal prison at sentencing. A sentencing date has not been set.
This law enforcement action is part of President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes.
The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources.
The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.
This case was investigated by the Department of Housing and Urban Development, Office of Inspector General, and the Federal Housing Finance Agency, Office of Inspector General and prosecuted by Assistant U.S. Attorney Christopher A. Eason.
USAO – Texas, Eastern
Updated March 16, 2015