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 | |||
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| Transaction Receipt | |||
| 03/15/2025 14:02:01 |
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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.
September 9, 2024, at McAllen, Texas.
Chief Judge Randy Crane
The Plaintiff is Supported by The Supreme Court, President Trump, Congress n’ the People
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Contrary to what Plaintiff argues, subject matter jurisdiction existed in this Court at the time of removal. – Magistrate Judge Chris Bryan.
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This judicial order, which erroneously claims the lien has already been foreclosed would allow the lender a minimum of 10 years to foreclose.
