Bankers

Dykema Sue for Deutsche Bank Claiming they Released Guerra’s Mortgage Mistakenly

Default Judgment issued: The Erroneous Release is null and void. Several months later, Defaulting Defendants have appeared with counsel

Deutsche Bank National Trust Company  v. Guerra

(7:24-cv-00127)

APR 8, 2024 | REPUBLISHED BY LIT: APR 8, 2024
MAR 15, 2025

Above is the date LIT Last updated this article.

ORDER SETTING STATUS CONFERENCE.

Status Conference set for 6/3/2025 at 10:00 AM before Chief Judge Randy Crane.

(Signed by Chief Judge Randy Crane) Parties notified. (jen7) (Entered: 03/06/2025)

CLOSED,MAG

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (McAllen)
CIVIL DOCKET FOR CASE #: 7:24-cv-00127

Deutsche Bank National Trust Company, as Trustee for the Registered Holders of Morgan Stanley ABS Capital I Inc. Trust 2007 NC4 Mortgage Pass Through Certificates Series 2007-NC4 v. Guerra et al
Assigned to: Chief Judge Randy Crane
Cause: 28:1332 Diversity-Declaratory Judgment
Date Filed: 03/26/2024
Date Terminated: 09/09/2024
Jury Demand: None
Nature of Suit: 190 Contract: Other
Jurisdiction: Diversity
Plaintiff
Deutsche Bank National Trust Company, as Trustee for the Registered Holders of Morgan Stanley ABS Capital I Inc. Trust 2007 NC4 Mortgage Pass Through Certificates Series 2007-NC4 represented by Dawn Nicole Williams
Dykema Gossett PLLC
201 Townsend St.
Suite 900
Lansing, MI 48933
616-776-7518
Fax: 855-234-8873
Email: dwilliams@dykema.com
ATTORNEY TO BE NOTICEDNeyma Edelyn Figueroa
Dykema Gossett PLLC
112 E Pecan St
Suite 1800
San Antonio, TX 78205-1521
210-554-5500
Email: nfigueroa@dykema.com
ATTORNEY TO BE NOTICED
V.
Defendant
Alberto G. Guerra represented by Ricardo Ray Godinez
Attorney at Law
2415 N 10th St
McAllen, TX 78501
956-682-5434
Fax: 956-683-1172
Email: ric@godinezlaw.com
ATTORNEY TO BE NOTICED
Defendant
Silvia A. Guerra

 

Date Filed # Docket Text
03/26/2024 1 COMPLAINT against Alberto G. Guerra, Silvia A. Guerra (Filing fee $ 405 receipt number ATXSDC-31385517) filed by Deutsche Bank National Trust Company, as Trustee for the Registered Holders of Morgan Stanley ABS Capital I Inc. Trust 2007 NC4 Mortgage Pass Through Certificates Series 2007-NC4. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet) (Figueroa, Neyma) (Entered: 03/26/2024)
03/27/2024 2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 6/4/2024 at 09:30 AM before Chief Judge Randy Crane(by Chief Judge Randy Crane) Parties notified. (jen7) (Entered: 03/27/2024)
03/27/2024 3 Request for Issuance of Summons as to Alberto G. Guerra, Silvia A. Guerra, filed. (Attachments: # 1 Summons to Silvia Guerra) (Figueroa, Neyma) (Entered: 03/27/2024)
03/27/2024 4 Summons Issued as to Alberto G. Guerra, Silvia A. Guerra. Issued summons delivered to plaintiff by NEF, filed. (jen7) (Entered: 03/27/2024)
04/05/2024 5 NOTICE of Appearance by Dawn N. Williams on behalf of Deutsche Bank National Trust Company, as Trustee for the Registered Holders of Morgan Stanley ABS Capital I Inc. Trust 2007 NC4 Mortgage Pass Through Certificates Series 2007-NC4, filed. (Williams, Dawn) (Entered: 04/05/2024)
05/20/2024 6 RETURN of Service of SUMMONS Executed as to Silvia A. Guerra served on 4/2/2024, answer due 4/23/2024, filed. (Williams, Dawn) (Entered: 05/20/2024)
05/20/2024 7 RETURN of Service of SUMMONS Executed as to Alberto G. Guerra served on 5/3/2024, answer due 5/24/2024, filed. (Williams, Dawn) (Entered: 05/20/2024)
06/06/2024 8 NOTICE OF RESCHEDULING OF INITIAL PRETRIAL CONFERENCE. Initial Conference reset for 7/2/2024 at 09:30 AM before Chief Judge Randy Crane. (Signed by Chief Judge Randy Crane) Parties notified. (jen7) (Entered: 06/06/2024)
07/02/2024 9 NOTICE OF RESCHEDULING OF INITIAL PRETRIAL CONFERENCE VIA ZOOM Initial Conference reset for 8/9/2024 at 09:00 AM before Chief Judge Randy Crane (Signed by Chief Judge Randy Crane) Parties notified. (kll7) (Entered: 07/02/2024)
08/09/2024 10 NOTICE OF RESCHEDULING OF INITIAL PRETRIAL CONFERENCE Initial Conference reset for 9/4/2024 at 09:30 AM before Chief Judge Randy Crane(Signed by Chief Judge Randy Crane) Parties notified. (sas7) (Entered: 08/09/2024)
08/14/2024 11 MOTION for Default Judgment against Alberto G. Guerra, Silvia A. Guerra by Deutsche Bank National Trust Company, as Trustee for the Registered Holders of Morgan Stanley ABS Capital I Inc. Trust 2007 NC4 Mortgage Pass Through Certificates Series 2007-NC4, filed. Motion Docket Date 9/4/2024. (Attachments: # 1 Proposed Order) (Williams, Dawn) (Entered: 08/14/2024)
09/06/2024 12 ORDER SETTING STATUS CONFERENCE Status Conference set for 11/15/2024 at 09:30 AM before Chief Judge Randy Crane (Signed by Chief Judge Randy Crane) Parties notified. (kll7) (Entered: 09/06/2024)
09/09/2024 13 FINAL DEFAULT JUDGMENT in favor of Plaintiff. Case terminated on 9/9/2024.(Signed by Chief Judge Randy Crane) Parties notified. (jen7) (Entered: 09/09/2024)
02/25/2025 14 Opposed EMERGENCY MOTION by Alberto G. Guerra, filed. Motion Docket Date 3/18/2025. (Attachments: # 1 Affidavit Sylvia Guerra Affidavit, # 2 Exhibit Extension of Credit, # 3 Exhibit First Lien, # 4 Exhibit Escrow Statement, # 5 Exhibit Emails from Sylvia Guerra, # 6 Exhibit Emails from Sylvia Guerra, # 7 Exhibit Emails from Sylvia Guerra, # 8 Exhibit Emails from Sylvia Guerra, # 9 Exhibit Email and Text from Sylvia Guerra, # 10 Exhibit Albert Guerra Notice of Acceleration and Foreclosure, # 11 Exhibit Sylvia Guerra Notice of Acceleration and Foreclosure, # 12 Exhibit PHH Mortgage Documents, # 13 Exhibit Email to Opposing Counsel, # 14 Exhibit Letter to Opposing Counsel, # 15 Exhibit Draft of Filing to Opposing Counsel) (Godinez, Ricardo) (Entered: 02/25/2025)
02/27/2025 15 ORDER SETTING HEARING ON DEFENDANTS MOTION TO OVERTURN DEFAULT JUDGMENT AND REQUEST FOR INJUNCTIVE RELIEF Motion Hearing set for 3/3/2025 at 09:30 AM before Chief Judge Randy Crane (Signed by Chief Judge Randy Crane) Parties notified. (kll7) (Entered: 02/27/2025)
03/03/2025 16 ORDER SETTING ASIDE ENTRY OF FINAL DEFAULT JUDGMENT (Signed by Chief Judge Randy Crane) Parties notified. (kll7) (Entered: 03/03/2025)
03/06/2025 17 ORDER SETTING STATUS CONFERENCE. Status Conference set for 6/3/2025 at 10:00 AM before Chief Judge Randy Crane. (Signed by Chief Judge Randy Crane) Parties notified. (jen7) (Entered: 03/06/2025)
03/11/2025 18 RESPONSE in Opposition to 14 Opposed EMERGENCY MOTION, filed by Deutsche Bank National Trust Company, as Trustee for the Registered Holders of Morgan Stanley ABS Capital I Inc. Trust 2007 NC4 Mortgage Pass Through Certificates Series 2007-NC4. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13) (Williams, Dawn) (Entered: 03/11/2025)

 


 

PACER Service Center
Transaction Receipt
03/15/2025 14:02:01

FINAL DEFAULT JUDGMENT

SEP 9, 2025 | REPUBLISHED BY LIT: MAR 15, 2025

Upon consideration of the Motion for Entry of Default Judgment against Defendants Alberto G. Guerra and Silvia Guerra, filed by Plaintiff Deutsche Bank National Trust Company, as Trustee for the Registered Holders of Morgan Stanley ABS Capital I Inc. Trust 2007 NC4 Mortgage Pass Through Certificate Series 2007-NC4 (“Plaintiff”) [Dkt. No. 11], the Court concludes that Plaintiff has established that it is an aggrieved party and recognizes Plaintiff’s election to seek rescission of an erroneous release of lien and declaration that the erroneous release is null and void and that the lien created by the security instrument remains valid, in effect, and enforceable.

The Court also concludes that it has jurisdiction over the subject matter and parties to this action;

that Defendants Alberto G. Guerra and Silvia A. Guerra, (“Defendants”) failed to answer or otherwise defend as provided by the Federal Rules of Civil Procedure following proper service;

that the allegations in Plaintiff’s Complaint are deemed admitted against Defendants;

that Defendants have not tendered payments sufficient to pay off their Texas Home Equity Fixed/Adjustable Rate Note;

that a security instrument placed a lien on Defendants’ property,

which was filed and recorded with the County Clerk for Hidalgo County, Texas under Document No. 2014-2535029;

that the beneficiary of the security instrument, Mortgage Electronic Registration Systems, Inc., erroneously executed a release of lien,

which was filed and recorded with the County Clerk for Hidalgo County, Texas under Document No. 2015-2584574 (“Erroneous Release”);

that no consideration was given in return for the Erroneous Release; that giving effect to the Erroneous Release would unjustly enrich Defendants;

and that rescission would not prejudice Defendants.

IT IS THEREFORE ORDERED:

1.               Judgment by default is hereby entered in favor of Plaintiff and against Defendants.

2.               The Erroneous Release is null and void.

3.               The lien filed and recorded with the County Clerk for Hidalgo, Texas under Document No. 2014-2535029 remains valid, in effect, and enforceable.

4.               All writs and process for the enforcement and collection of this Judgment may issue as necessary.

In connection with any writ of execution in this case, the Court directs the United States Marshals Service to use any means or force reasonably necessary to satisfy this judgment.

This judgment is a final judgment in this case.

SO ORDERED

September 9, 2024, at McAllen, Texas.

Chief Judge Randy Crane

The Plaintiff is Supported by The Supreme Court, President Trump, Congress n’ the People

Magistrate Judge Christina Bryan’s Face is Too Red, Even for a Sky-Blue Democrat. Red face test rejects statutory construction so absurd.

Federal Judges Invent Jurisdiction to Issue Lawless Writ of Execution Aimed at 86-Yr Old Widow

Contrary to what Plaintiff argues, subject matter jurisdiction existed in this Court at the time of removal. – Magistrate Judge Chris Bryan.

Criminal Acts: Outlaw Federal Judges Lawless Orders to Seize Homes Contrary to Texas Laws

This judicial order, which erroneously claims the lien has already been foreclosed would allow the lender a minimum of 10 years to foreclose.

Dykema Sue for Deutsche Bank Claiming they Released Guerra’s Mortgage Mistakenly
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

To Top