Debt Collector

En Masse: Judge Kenneth Hoyt Self Recuses and is Replaced with Judge Ewing Werlein, Jr

No bandit foreclosure defense lawyers present in this boomerang case as Mass is snap removed back to familiar territory.

LIT UPDATE & COMMENTARY

MAY 19, 2024

The most recent case involving Wells Fargo and Judge Kenneth Hoyt we could locate is:

Hedner v. Wells Fargo Bank, N.A. (4:23-cv-00964) District Court, S.D. Texas which was removed from state court #334. This involved The Lane Law Firm as defense counsel for David and Susan Hedner, and Locke Lord representing Wells Fargo.

Judge Hoyt also recused on the case (see docket in next tab below) and would be replaced by Judge Hittner. So unlike Fifth Circuit Judge Don Willett, who won’t recuse for financial interests in banking institutions, Judge Hoyt is self recusing.

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:23-cv-00964

Hedner et al v. Wells Fargo Bank, N.A.
Assigned to: Judge David Hittner

Case in other court:  334th Judicial District Court, Harris County, Texa, 23-14107

Cause: 28:1444 Petition for Removal- Foreclosure

Date Filed: 03/16/2023
Date Terminated: 10/12/2023
Jury Demand: Plaintiff
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity
Plaintiff
David W. Hedner represented by David W. Hedner
16003 Pebble Creek Trail
Cypress, TX 77433
281-961-6788
PRO SEJoshua David Gordon
The Lane Law Firm, PLLC
6200 Savoy Dr
Ste 1150
Houston, TX 77036
713-595-8224
Email: joshua.gordon@lanelaw.com
TERMINATED: 05/25/2023
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDRobert Chamless Lane
The Lane Law Firm
6200 Savoy Drive
Ste 1150
Houston, TX 77036-3300
713-595-8200
Email: notifications@lanelaw.com
TERMINATED: 05/25/2023
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
Susan M. Hedner represented by Susan M. Hedner
16003 Pebble Creek Trail
Cypress, TX 77433
281-961-6788
PRO SEJoshua David Gordon
(See above for address)
TERMINATED: 05/25/2023
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDRobert Chamless Lane
(See above for address)
TERMINATED: 05/25/2023
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
Wells Fargo Bank, N.A. represented by Benjamin David Lee Foster
Locke Lord LLP
300 Colorado Street
Ste 2100
Austin, TX 78701
512-305-4751
Email: dfoster@lockelord.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDRobert T Mowrey
Locke Lord LLP
2200 Ross Ave
Ste 2800
Dallas, TX 75201-6776
214-740-8000
Fax: 214-740-8800
Email: rmowrey@lockelord.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDElizabeth Kristin Duffy
Locke Lord LLP
2200 Ross Ave
Ste 2800
Dallas, TX 75201
214-740-8673
Email: eduffy@lockelord.com
TERMINATED: 08/25/2023Helen Onome Turner
Locke Lord LLP
600 Travis Street
Ste 2800
Houston, TX 77002
713-226-1280
Fax: 713-229-2501
Email: helen.turner@lockelord.com
ATTORNEY TO BE NOTICED

 

Date Filed # Docket Text
03/16/2023 1 NOTICE OF REMOVAL from 334th Judicial District Court, Harris County, Texas, case number 2023-14107 (Filing fee $ 402 receipt number ATXSDC-29608313) filed by Wells Fargo Bank, N.A.. (Attachments: # 1 Exhibit / Exhibits A – H)(Turner, Helen) (Entered: 03/16/2023)
03/16/2023 2 CERTIFICATE OF INTERESTED PARTIES by Wells Fargo Bank, N.A., filed.(Turner, Helen) (Entered: 03/16/2023)
03/16/2023 3 CORPORATE DISCLOSURE STATEMENT by Wells Fargo Bank, N.A. identifying Wells Fargo & Company as Corporate Parent, filed.(Turner, Helen) (Entered: 03/16/2023)
03/22/2023 4 ORDER OF RECUSAL. Judge Kenneth M Hoyt recused. Case reassigned to Judge David Hittner for all further proceedings.(Signed by Judge Kenneth M Hoyt) Parties notified.(KimberlyPicota, 4) (Entered: 03/22/2023)
03/23/2023 5 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/18/2023 at 10:45 PM in video before Magistrate Judge Peter Bray(Signed by Judge David Hittner) Parties notified.(JosephWells, 4) (Entered: 03/23/2023)
05/02/2023 6 CERTIFICATE OF INTERESTED PARTIES by David W. Hedner, Susan M. Hedner, filed.(Lane, Robert) (Entered: 05/02/2023)
05/08/2023 7 NOTICE of Resetting. Parties notified. Initial Conference set for 5/18/2023 at 10:45 AM in by video before Magistrate Judge Peter Bray, filed. (JasonMarchand, 4) (Entered: 05/08/2023)
05/15/2023 8 NOTICE of Appearance by Elizabeth K. Duffy on behalf of Wells Fargo Bank, N.A., filed. (Duffy, Elizabeth) (Entered: 05/15/2023)
05/17/2023 9 JOINT DISCOVERY/CASE MANAGEMENT PLAN by David W. Hedner, Susan M. Hedner, filed.(Lane, Robert) (Entered: 05/17/2023)
05/17/2023 10 PROPOSED ORDER – Scheduling Order, filed.(Lane, Robert) (Entered: 05/17/2023)
05/18/2023 11 SCHEDULING ORDER. Trial Term: May/June 2024. ETT: 2 days. Jury trial. Amended Pleadings due by 5/31/2023. Joinder of Parties due by 5/31/2023 Pltf Expert Witness List due by 7/31/2023. Deft Expert Witness List due by 8/31/2023. Discovery due by 11/30/2023. Dispositive Motion Filing due by 12/29/2023. Non-Dispositive Motion Filing due by 12/29/2023. Joint Pretrial Order due by 4/30/2024.(Signed by Magistrate Judge Peter Bray) Parties notified.(JasonMarchand, 4) (Entered: 05/19/2023)
05/24/2023 12 Unopposed MOTION for Robert C. Lane, Joshua D. Gordon, and The Lane Law Firm, P.L.L.C. to Withdraw as Attorney by David W. Hedner, Susan M. Hedner, filed. Motion Docket Date 6/14/2023. (Attachments: # 1 Proposed Order)(Lane, Robert) (Entered: 05/24/2023)
05/25/2023 13 ORDER granting 12 Motion to Withdraw as Attorney. Attorney Joshua David Gordon and Robert Chamless Lane terminated. (Signed by Judge David Hittner) Parties notified.(JosephWells, 4) (Entered: 05/26/2023)
08/01/2023 14 Opposed MOTION for Elizabeth K. Duffy to Withdraw as Attorney by Wells Fargo Bank, N.A., filed. Motion Docket Date 8/22/2023. (Attachments: # 1 Proposed Order)(Duffy, Elizabeth) (Entered: 08/01/2023)
08/25/2023 15 ORDER granting 14 Motion to Withdraw Elizabeth K. Duffy as Counsel. Ms. Duffy is hereby withdrawn as counsel of record for Wells Fargo Bank, N.A. The docket will be amended to reflect Ms. Duffy has withdrawn as counsel for Defendant and no longer needs to be noticed of any pleadings, motions, or other documents filed or served in this case. (Signed by Judge David Hittner) Parties notified.(JosephWells, 4) (Entered: 08/25/2023)
09/18/2023 16 MOTION for Summary Judgment by Wells Fargo Bank, N.A., filed. Motion Docket Date 10/10/2023. (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit A-4, # 6 Exhibit A-5, # 7 Exhibit A-6, # 8 Exhibit A-7, # 9 Exhibit A-8, # 10 Exhibit A-9, # 11 Exhibit B, # 12 Exhibit B-1, # 13 Exhibit B-2, # 14 Exhibit C, # 15 Exhibit C-1, # 16 Exhibit D, # 17 Exhibit D-1, # 18 Proposed Order)(Turner, Helen) (Entered: 09/18/2023)
10/12/2023 17 ORDER granting 16 Motion for Summary Judgment. THIS IS A FINAL JUDGMENT. (Signed by Judge David Hittner) Parties notified.(JosephWells, 4) (Entered: 10/12/2023)

 


 

PACER Service Center
Transaction Receipt
05/19/2024 13:09:19

Mass v. Wells Fargo Bank, National Association

as Trustee for Option One Mortgage Loan Trust 2005-4, Asset-Backed Certificates, Series 2005-4

(4:24-cv-01785)

District Court, S.D. Texas

MAY 13, 2024
MAY 19, JUN 5, 2024

Noted: Judge Werlein randomly assigned as Judge Hoyt departs (self recusal).

Date of last update/visit by LIT

ORDER Granting 7 Agreed MOTION for Continuance of

The June 14, 2024

Initial Pre-Trial and Scheduling Conference.

Initial Conference is RESET to

8/16/2024 at 03:30 PM

in Room 11521 before Judge Ewing Werlein, Jr.(Signed by Judge Ewing Werlein, Jr) Parties notified. (mf4) (Entered: 06/04/2024)

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:24-cv-01785

Mass v. Wells Fargo Bank, National Association as Trustee for Option One Mortgage Loan Trust 2005-4, Asset-Backed Certificates, Series 2005-4
Assigned to: Judge Ewing Werlein, Jr

Case in other court:  11th JDC Harris County, 24-28811

Cause: 28:1446 Notice of Removal

Date Filed: 05/13/2024
Jury Demand: None
Nature of Suit: 190 Contract: Other
Jurisdiction: Diversity

 

Date Filed # Docket Text
05/20/2024 5 MOTION to Dismiss Plaintiff’s Original Petition Pursuant to Fed. R. Civ. P. 12(b)(6) by Wells Fargo Bank, National Association as Trustee for Option One Mortgage Loan Trust 2005-4, Asset-Backed Certificates, Series 2005-4, filed. Motion Docket Date 6/10/2024. (Attachments: # 1 Proposed Order) (Rubio, Jose) (Entered: 05/20/2024)
05/28/2024 6 CORPORATE DISCLOSURE STATEMENT by Wells Fargo Bank, National Association as Trustee for Option One Mortgage Loan Trust 2005-4, Asset-Backed Certificates, Series 2005-4 identifying Wells Fargo and Company as Corporate Parent, filed. (Rubio, Jose) (Entered: 05/28/2024)
06/03/2024 7 Agreed MOTION for Continuance of The June 14, 2024 Initial Pre-Trial and Scheduling Conference by Wells Fargo Bank, National Association as Trustee for Option One Mortgage Loan Trust 2005-4, Asset-Backed Certificates, Series 2005-4, filed. Motion Docket Date 6/24/2024. (Attachments: # 1 Proposed Order Granting Parties’ Agreed Motion to Continue the June 14, 2024 Initial Pre-Trial and Scheduling Conference) (Sepulveda, Stephanie) (Entered: 06/03/2024)
06/04/2024 8 ORDER Granting 7 Agreed MOTION for Continuance of The June 14, 2024 Initial Pre-Trial and Scheduling Conference. Initial Conference is RESET to 8/16/2024 at 03:30 PM in Room 11521 before Judge Ewing Werlein, Jr.(Signed by Judge Ewing Werlein, Jr) Parties notified. (mf4) (Entered: 06/04/2024)

 


 

PACER Service Center
Transaction Receipt
06/05/2024 12:31:30

 

Corporate Disclosure Statement

Motion to Dismiss

ORDER OF RECUSAL.

Judge Kenneth M Hoyt recused.

Case reassigned to Judge Ewing Werlein, Jr for all further proceedings.

(Signed by Judge Kenneth M Hoyt) Parties notified. (glc4) (Entered: 05/16/2024)

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons.

Initial Conference set for 6/14/2024 at 02:30 PM in Room 11521 before Judge Ewing Werlein, Jr.

(Signed by Judge Ewing Werlein, Jr)

Parties notified. (mf4) (Entered: 05/16/2024)

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:24-cv-01785

Mass v. Wells Fargo Bank, National Association as Trustee for Option One Mortgage Loan Trust 2005-4, Asset-Backed Certificates, Series 2005-4
Assigned to: Judge Ewing Werlein, Jr

Case in other court:  11th JDC Harris County, 24-28811

Cause: 28:1446 Notice of Removal

Date Filed: 05/13/2024
Jury Demand: None
Nature of Suit: 190 Contract: Other
Jurisdiction: Diversity
Plaintiff
Ieisha Mass represented by Ieisha Mass
9514 Woodcliff Lake Dr.
Spring, TX 77379
2817363492
PRO SE
V.
Defendant
Wells Fargo Bank, National Association as Trustee for Option One Mortgage Loan Trust 2005-4, Asset-Backed Certificates, Series 2005-4 represented by Stephanie Sepulveda
Dykema Gossett, PLLC
1401 McKinney St., Suie 1625
Houston, TX 77010
956-220-7129
Email: ssepulveda@dykema.com
ATTORNEY TO BE NOTICED

 

Date Filed # Docket Text
05/13/2024 1 NOTICE OF REMOVAL from 11th Judicial District Court- Harris County, case number 202428811 (Filing fee $ 405 receipt number ATXSDC-31609338) filed by Wells Fargo Bank, National Association as Trustee for Option One Mortgage Loan Trust 2005-4, Asset-Backed Certificates, Series 2005-4. (Attachments: # 1 Appendix, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9) (Sepulveda, Stephanie) (Entered: 05/13/2024)
05/16/2024 2 ORDER OF RECUSAL. Judge Kenneth M Hoyt recused. Case reassigned to Judge Ewing Werlein, Jr for all further proceedings. (Signed by Judge Kenneth M Hoyt) Parties notified. (glc4) (Entered: 05/16/2024)
05/16/2024 3 NOTICE of Reassignment. Parties notified, filed. (glc4) (Entered: 05/16/2024)
05/16/2024 4 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 6/14/2024 at 02:30 PM in Room 11521 before Judge Ewing Werlein, Jr. (Signed by Judge Ewing Werlein, Jr) Parties notified. (mf4) (Entered: 05/16/2024)

 


 

PACER Service Center
Transaction Receipt
05/19/2024 12:25:36

202428811 –

MASS, IEISHA vs. WELLS FARGO BANK NA

(AS TRUSTEE FOR OPTION ONE MORTGAGE

(Court 011, KRISTEN BRAUCHLE HAWKINS)

MAY 6, 2024

How did Mass obtain $65k from Texas Homeowners Assistance Fund during the 11 month Pandemic towards rent payments on a loan of $228k?

“Financial hardship means a material reduction in income or material increase in living expenses
associated with the coronavirus pandemic that has created or increased a risk of mortgage
delinquency, mortgage default, foreclosure, loss of utilities or home energy services, or
displacement for a homeowner.”

LIT SWINGS BACK AROUND, POST JUDGMENT

Homeowner Ieisha Mass’s foreclosure case ended Jan. 6, 2022. As at Oct. 31, 2022, she’s 297 days post judgment and the property is still in her name with no sign of an auction.

OCT 31, 2022
202027222- 7
Ready Docket
GLEANNLOCH FARMS COMMUNITY ASSOCIATION INC vs. MASS, IEISHA 5/1/2020 113 Civil Foreclosure – Other
200725477- 7
Disposed (Final)
MASSIVE ENTERPRISES L L C (DBA WASHING W vs.
TEXAS LAUNDRY SERVICE COMPANY
4/25/2007 127 Civil DTPA-DECEPTIVE TRADE PRACTICE
200658517- 7
Disposed (Final)
KLEIN INDEPENDENT SCHOOL DISTRICT  vs. MASS, IEISHA 9/15/2006 152 Civil Tax Delinquency
202156535- 7
Disposed (Final)
MASS, IEISHA vs. WELLS FARGO BANK N A 9/2/2021 234 Civil Other Property
201165550- 7
Disposed (Final)
MASS, IEISHA vs.
WELLS FARGO BANK N A (AS TRUSTEE FOR OPTION ONE MO
10/27/2011 270 Civil DECLARATORY JUDGMENT
200725477- 7
Disposed (Final)
MASSIVE ENTERPRISES L L C (DBA WASHING W vs. TEXAS LAUNDRY SERVICE COMPANY 4/25/2007 127 Civil DTPA-DECEPTIVE TRADE PRACTICE

The Anticipated Judgment by Snr. Judge Simeon Lake III

The federal judge sinks homeowner Ieisha Mass’s wrongful foreclosure case as presented by her questionable foreclosure defense lawyers.

JAN 6, 2022 | REPUBLISHED BY LIT: JAN 7, 2022

LIT would normally transcribe the Order but for the reason shown in the video, namely childishness by the court, they have intentionally scanned the order, thus rendering it impossible to do so.

Update: Dec. 24, 2021

Mass v. Wells Fargo Bank, N.A.

(4:21-cv-02962)

District Court, S.D. Texas

SEP 10, 2021 | REPUBLISHED BY LIT: SEP 23, 2021

It’s early stages for Ieisha, who’s up against Dykema and Wells Fargo and before Judge Sim Lake in S.D. Texas Federal Court after removal. Her selected lawyers have never won a homeowner any meaningful relief in Texas Federal Court either, how can you when no homeowner is allowed to defeat a bank in foreclosure. Bookmark this page for updates.

LIT’s Founder Refused Electronic Filing in Judge Sim Lake’s Court, But Granted to IFP Siren Lewis

Furthermore, the court ordered a venue transfer from Northern District of Ohio over dismissal, contrary to District of Minnesota recent acts.

WWIII: Wolves and Wilmington File to Foreclose on Woodrow Wilson Jackson’s Homestead

You should review the number of flips this mortgage has endured. These debt collectors are protected by immunity no other collector enjoys.

US Bank and TVC Suddenly Locates a Million Dollar IRS Lien Which Was Recorded Before their Loan Closed

TVC closed on the construction loan in 2020, then foreclosed on it and now 3 yrs later are surprised to uncover two liens predating loan.

Vilt and Associates – Stop Foreclosure and Keep Your Home

This foreclosure defense law firm have a misleading advert which claims to have “saved” over 300 homes from foreclosure. We haven’t found a single home where these lawyers have won a case where the homeowner gets to “Keep Your Home” and this case is  a prime example.

Indeed the homeowner submitted a comment on this page on January 4, 2022 asking that LIT take down this article as she most likely heard that her case was going to be dismissed after the cancelled conference which was to be heard on Jan. 7. On Jan 6, the order of foreclosure and dismissing her complaint was published on the docket.

The CFPB and the Texas Bar need to review and take the appropriate action against false and misleading advertising by professional lawyers who are preying on homeowners and their fear.

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:21-cv-02962

 

Mass v. Wells Fargo Bank, N.A.
Assigned to: Judge Sim Lake

Case in other court:  234th District Court of Harris County, TX, 21-56535

Cause: 28:1441 Notice of Removal

Date Filed: 09/10/2021
Jury Demand: None
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Federal Question
Plaintiff
Ieisha Mass represented by Robert Clayton Vilt
Vilt and Associates, P.C.
5177 Richmond Ave
Ste 1142
Houston, TX 77056
713-840-7570
Fax: 713-877-1827
Email: clay@viltlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
Wells Fargo Bank, N.A. represented by Adam Ross Nunnallee
Dykema Gossett PLLC
1717 Main St
Ste 4200
Dallas, TX 75201
(214) 462-6400
Fax: (214) 462-6401
Email: ANunnallee@dykema.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDMeredith Sohaila Tavallaee
Dykema Gossett PLLC
Comerica Bank Tower
1717 Main St.
Ste. 4200
Dallas, TX 75201
214-698-7831
Email: mtavallaee@dykema.com
ATTORNEY TO BE NOTICED

 

Date Filed # Docket Text
09/10/2021 1 NOTICE OF REMOVAL from 234th JDC Harris County, case number 2021-56535 (Filing fee $ 402 receipt number 0541-27028751) filed by Wells Fargo Bank, N.A., as Trustee. (Attachments: # 1 Exhibit)(Nunnallee, Adam) (Entered: 09/10/2021)
09/16/2021 2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/7/2022 at 03:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4) (Entered: 09/16/2021)
09/16/2021 3 CERTIFICATE OF INTERESTED PARTIES by Ieisha Mass, filed.(Vilt, Robert) (Entered: 09/16/2021)
09/16/2021 4 DESIGNATION OF EXPERT WITNESS LIST by Ieisha Mass, filed. (Attachments: # 1 Exhibit Resume of Robert Vilt)(Vilt, Robert) (Entered: 09/16/2021)
09/16/2021 5 INITIAL DISCLOSURES by Ieisha Mass, filed.(Vilt, Robert) (Entered: 09/16/2021)
09/16/2021 6 NOTICE of Appearance by Meredith Tavallaee on behalf of Wells Fargo Bank, N.A., filed. (Tavallaee, Meredith) (Entered: 09/16/2021)
09/17/2021 7 MOTION to Dismiss 1 Notice of Removal DEFENDANTS MOTION TO DISMISS ORIGINAL PETITION AND BRIEF IN SUPPORT by Wells Fargo Bank, N.A., filed. Motion Docket Date 10/8/2021. (Attachments: # 1 Exhibit)(Nunnallee, Adam) (Entered: 09/17/2021)
En Masse: Judge Kenneth Hoyt Self Recuses and is Replaced with Judge Ewing Werlein, Jr
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