LIT UPDATE & COMMENTARY
Feb 15, MAR 29, 2024
March 29, 2024
We checked both foreclosures for April 2024 and Harris County Real Property Records today for any sign of a foreclosure or notice of foreclosure – nada, nothing, zero. BDF has had plenty of time since dismissal to set this home for foreclosure.
On Friday, Feb. 9, 2024, LIT released a tweet which states; Coming up on LIT: Shocking facts and case studies on the current criminal activity endorsed by the US Gov for implementation by Federal Judges and Wall Street’s Creditor Rights lawyers. Truth that will shake American homeowners to the core. Stay tuned. #TruthRevealed #USJustice
This published foreclosure case is part of the live reporting and investigation, which is explained, in part, below:
LIT’s inquiry delves into the prevailing standards governing foreclosures, Temporary Restraining Orders (TROs), Injunctions, evictions, and appeals. Drawing from rigorous analysis of factual case studies and a wealth of data amassed over years of investigation, LIT’s insights are prominently featured on this legal blog, LawsInTexas.com.
The initial confusion stemming from the aftermath of the 2008 financial crisis, wherein the US Government, hand in hand with the judiciary, orchestrated the mass seizure of millions of homes, is a focal point of LIT’s examination.
LIT refrains from extensively elaborating on the myriad frauds that transpired initially, such as lender application fraud and predatory lending which resulted in the financial crisis, and thus leading to counterfeit assignments, robo-signing, document falsification, perjury, and the unlawful actions of the Mortgage Electronic Registration System (MERS) in foreclosing on homesteads.
Instead, LIT steers the discussion toward the avarice evident within the legal profession and the complicit role of the judiciary in perpetuating fraud in real estate and title deed matters, beyond the scandals within their own administration.
LIT’s live reporting and investigation is published in real-time, as it probes into the motivations driving the US Government’s directive for the judiciary to adopt predatory practices in the latter part of 2023 and throughout 2024—an inquiry to which LIT claims to hold the key answers.
Returning to this latest published foreclosure case on LIT involving sanctioned Texas Lawyer Thomas Willbern, he’s successfully avoided foreclosure for the last 14 years, and continues to do so as BDF Hopkins have not listed his home for the March 2024 foreclosure auction, which they had plenty of time.
The latest stop foreclosure case, filed in Harris County District Court by Bandit “Foreclosure Defense” lawyer Erick Delarue on Oct. 2, 2023 to stop the Oct. auction was followed by the granting of the TRO for a cash bond of $100, which was signed by ancillary judge McFarland.
The District Judge, Brit Morris would unlawfully seal both the unsigned proposed order of non-suit and the actual order of non-suit filed by Bandit lawyer Delarogue on behalf of lawyer and homeowner Willbern. This order was signed on Jan. 31, 2023 according to the docket, which is illegally “restricted” from public view. Notably, the ancillary judge McFarland is an advocate for such a rule violation.
Based on recent movements by Delarogue, it is assumed the dismissal is WITH PREJUDICE as he feels the squeeze of the judiciary’s notices, namely that because of LIT’s blog and uncontested allegations of judicial and legal corruption in Texas State and Federal courts, he needs to dismiss the case WITH PREJUDICE and without further delay.
Ultimately, that decision makes no difference here.
Foreclosure mill BDF Hopkins could have chosen to file another auction of his home after the expiry of the TRO and/or on Delarue filing the nonsuit, which was on Dec 11, 2023, but they failed to do so.
Instead, the judiciary continues to violate the rules and laws as they see fit, in order to target and materially harm LIT’s blog, founder and his family.
| Case (Cause) Number | Style | File Date | Court | Case Region | Type Of Action / Offense | |
|---|---|---|---|---|---|---|
| 202368134- 7 Disposed (Final) |
WILLBERN, THOMAS vs. NATIONSTAR MORTGAGE LLC | 10/2/2023 | 333 | Civil | Foreclosure – Other | |
| 201879532- 7 Disposed (Final) |
WILLBERN, THOMAS A (III) vs. BAYVIEW LOAN SERVICING LLC |
11/2/2018 | 295 | Civil | Quiet Title | |
| 201371702- 7 Disposed (Final) |
WILLBERN, THOMAS (III) vs. JP MORGAN CHASE BANK NA | 11/26/2013 | 333 | Civil | REMOVE CLOUD FROM TITLE | |
| 200943095- 7 CONSL Case Disp |
WILLBERN, ARIENNE A vs. SANCHEZ, CAROLINA V |
7/6/2009 | 129 | Civil | PERSONAL INJURY – AUTO | |
| 200359325- 7 Disposed (Final) |
WILLBERN, THOMAS A III vs. WILLBERN, ALLISON A | 10/27/2003 | 311 | Family | WAIVER DIVORCE W / CHILDREN | |
| 200218510- 7 Disposed (Final) |
NEWPOINT SERVICES INC vs. G MORGAN INSURANCE AGENCY INC |
4/11/2002 | 129 | Civil | Tortious Interference | |
| 199251548- 7 Disposed (Final) |
WILLBERN, THOMAS A III vs. CORDELL BRICK COMPANY | 11/5/1992 | 133 | Civil | PERSONAL INJURY – AUTO |
| Case (Cause) Number | Style | File Date | Court | Case Region | Type Of Action / Offense | |
|---|---|---|---|---|---|---|
| 201751629- 7 Disposed (Final) |
COMMISSION FOR LAWYER DISCIPLINE vs. WILLBERN, THOMAS A (III) | 8/3/2017 | 234 | Civil | Lawyer Discipline | |
| 201719086- 7 Disposed (Final) |
HARRIS COUNTY vs. WILLBERN, THOMAS AUSTIN (III) |
3/21/2017 | 055 | Civil | Tax Delinquency | |
| 201301152- 7 Disposed (Final) |
HARRIS COUNTY, ET AL vs. WILLBERN, THOMAS AUSTIN III | 1/14/2013 | 151 | Civil | Tax Delinquency | |
| 201253329- 7 Disposed (Final) |
SAN ANTONIO FEDERAL CREDIT UNION vs. WARNER, EDITH |
9/13/2012 | 152 | Civil | CONTRACT | |
| 200851527- 7 Disposed (Final) |
CY-FAIR FEDERAL CREDIT UNION vs. WILLBERN, THOMAS A III | 8/26/2008 | 127 | Civil | Foreclosure – Home Equity-Expedited | |
| 200750489- 7 Disposed (Final) |
CY-FAIR FEDERAL CREDIT UNION vs. WILLBERN, THOMAS A III |
8/21/2007 | 125 | Civil | Foreclosure – Home Equity-Expedited | |
| 200553603- 7 Disposed (Final) |
WHITNEY NATIONAL BANK vs. WILLBERN, THOMAS A III (IND AND DBA JORD | 8/18/2005 | 281 | Civil | NOTE | |
| 200359325- 7 Disposed (Final) |
WILLBERN, THOMAS A III vs. WILLBERN, ALLISON A |
10/27/2003 | 311 | Family | WAIVER DIVORCE W / CHILDREN | |
| 200223317- 7 CONSL Case Disp |
MORGAN, GILBERT vs. WILLBERN, THOMAS A III | 5/7/2002 | 129 | Civil | INJUNCTION | |
| 200218510- 7 Disposed (Final) |
NEWPOINT SERVICES INC vs. G MORGAN INSURANCE AGENCY INC |
4/11/2002 | 129 | Civil | Tortious Interference |
At any time before the plaintiff has introduced all of his evidence other than rebuttal evidence, the plaintiff may dismiss a case, or take a non-suit, which shall be entered in the minutes.
Notice of the dismissal or non-suit shall be served in accordance with Rule 21a on any party who has answered or has been served with process without necessity of court order.
Any dismissal pursuant to this rule shall not prejudice the right of an adverse party to be heard on a pending claim for affirmative relief or excuse the payment of all costs taxed by the clerk.
A dismissal under this rule shall have no effect on any motion for sanctions, attorney’s fees or other costs, pending at the time of dismissal, as determined by the court.
Any dismissal pursuant to this rule which terminates the case shall authorize the clerk to tax court costs against dismissing party unless otherwise ordered by the court.
Tex. R. Civ. P. 162
The list of cases involving both banks’ lawyers and ‘foreclosure defense’ lawyers is very long. Keeping with DeLaRogue, here’s a highly decorated -err- sanctioned TX lawyer who’s been stopping his home from bein’ sold since the financial crisis in 2008: https://t.co/Avi8L8IrNV pic.twitter.com/41hZPAZuKd
— lawsinusa (@lawsinusa) March 29, 2024
202368134 –
WILLBERN, THOMAS vs. NATIONSTAR MORTGAGE LLC
OCT 2, 2023 | REPUBLISHED BY LIT: OCT 31, 2023
Nov. 13, 30, 2023
Last Visit/Update
Bandit Lawyer Erick DelaRogue non-suits.
Bookmark for more lies and deception.
Defendant’s Original Answer and Affirmative Defenses
CURRYTOWN CORRUPTION
There’s a lot to be said about the intentional delays, the rental income generated by Bhagia as a result of the delays and both the Court and the Wolves failure to sanction Bhagia for a frivolous lawsuit. https://t.co/MTjAukOdd5#TWO #NMA— lawsinusa (@lawsinusa) October 27, 2023
Willbern v. Bayview Loan Servicing, L.L.C., No. 20-20129
(5th Cir. Jan. 13, 2021)
REPUBLISHED BY LIT: SEP 9, 2021
Summary Calendar Appeal from the United States District Court for the Southern District of Texas
USDC No. 4:18-cv-4363
Before JOLLY, ELROD, and GRAVES, Circuit Judges.
PER CURIAM:
Texas Lawyer Willbern's Been Highlighted on LIT's State Bar Disciplinary Listings
Plaintiff-appellant Thomas Willbern filed suit against defendant-appellee Bayview Loan Servicing, LLC, in Harris County, Texas.
Mr. Willbern sought a temporary restraining order and a temporary injunction to prevent Bayview from foreclosing on his residence, located at 15302 Lakeview Drive, Houston, Texas 77040.
LIT: Willbern was GRANTED a TRO for $100 cash bond from ancillary Judge F. Phillips, per application by his counsel, C. GREG GOODRUM and which was extended by the court on Nov. 16, until Nov 26, 2018.
Bayview removed the case to federal court based on diversity jurisdiction (on Nov. 16, 2018) and soon moved for summary judgment.
The district court granted Bayview’s motion and dismissed Mr. Willbern’s suit. (no injunctions on the docket)
For the reasons below, we affirm. (no injunctions to stop foreclosure during appeal).
*Pursuant to 5TH CIRCUIT RULE 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIRCUIT RULE 47.5.4.
Fifth Circuit Foreclosures Panels Including Jim ‘Waterboarding’ Ho in 2021 When MERS Is A Party
If you notice, all the arguments re acceleration are based on post 2008 financial crisis opinions by the corrupt Fifth Circuit judges.
Fifth Circuit Return to Post 2008 Financial Crisis Writings Again in this Foreclosure Case
Remember, not a single loss at all in 13 plus years in Banks v. Homeowners. Quite remarkable considering the billions of fines for predatory lending. These fines are still being levied against banks and nonbanks.
Hagens Berman Return to Texas, this time to the S.D. Federal Court
A Texas federal judge, Andrew Hanen of SDTX, has appointed attorneys from Hagens Berman and the Rosen Law Firm as co-lead counsel in a proposed investor class action accusing an oil field services company of issuing misleading financial reports.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:18-cv-04363
| Willbern, III vs. Bayview Loan Servicing, LLC Assigned to: Magistrate Judge Frances H Stacy
Cause: 28:1441 Notice of Removal |
Date Filed: 11/16/2018 Date Terminated: 07/24/2019 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Thomas A. Willbern, III | represented by | Conley Greg Goodrum Attorney at Law 16225 Park Ten Place Dr. Suite 500 Houston, TX 77084 281-578-3333 Fax: 281-578-1333 Email: cgreg@goodrumlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Bayview Loan Servicing, LLC | represented by | Carlos Rafael Hernandez-Vivoni 1255 West 15th Street, Suite 1060 Plano, TX 75075 214-291-3800 Email: chernandez@mccarthyholthus.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDRobert Brandon Hakari McCarthy Holthus 1255 W 15th Ste 1060 Plano, TX 75075 214-291-3800 Email: bhakari@mccarthyholthus.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDYoshie Valadez McCarthy & Holthus, LLP 1255 West 15th Street Ste 1060 Plano, TX 75075 214-291-3800 Fax: 214-291-3801 Email: yvaladez@mccarthyholthus.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 11/16/2018 | 1 | NOTICE OF REMOVAL from 295th Judicial District Court of Harris County, case number 2018-79532 (Filing fee $ 400 receipt number 0541-21299177) filed by Bayview Loan Servicing, LLC. (Attachments: # 1 Exhibit Exhibit A Index & docs, # 2 Exhibit Exhibit B List of Counsel, # 3 Exhibit Exhibit C HCAD, # 4 Civil Cover Sheet Exhibit D Civil Cover Sheet)(Hakari, Robert) (Entered: 11/16/2018) |
| 11/16/2018 | 2 | NOTICE of Interested Parties by Bayview Loan Servicing, LLC, filed. (Hakari, Robert) (Entered: 11/16/2018) |
| 11/19/2018 | 3 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 3/22/2019 at 02:00 PM in Room 11521 before Judge Ewing Werlein, Jr. (Signed by Judge Ewing Werlein, Jr) Parties notified.(jdavadi, 4) (Entered: 11/19/2018) |
| 11/21/2018 | 4 | ANSWER to Complaint by Bayview Loan Servicing, LLC, filed.(Hakari, Robert) (Entered: 11/21/2018) |
| 03/11/2019 | 5 | CERTIFICATE OF INTERESTED PARTIES by Thomas A. Willbern, III, filed.(Goodrum, Conley) (Entered: 03/11/2019) |
| 03/12/2019 | 6 | JOINT DISCOVERY/CASE MANAGEMENT PLAN by Bayview Loan Servicing, LLC, filed. (Attachments: # 1 Proposed Order prop Rule 16 Scheduling Order)(Hakari, Robert) (Entered: 03/12/2019) |
| 03/19/2019 | 7 | CONSENT to Proceed Before a Magistrate Judge by Thomas A. Willbern, III, filed.(Goodrum, Conley) (Entered: 03/19/2019) |
| 03/20/2019 | 8 | CONSENT TO PROCEED BEFORE MAGISTRATE JUDGE by Bayview Loan Servicing, LLC, Thomas A. Willbern, III and ORDER TRANSFERRING CASE to Magistrate Judge Frances H Stacy. Judge Ewing Werlein, Jr no longer assigned to the case.(Signed by Judge Ewing Werlein, Jr) Parties notified.(kpicota, 4) (Entered: 03/21/2019) |
| 03/21/2019 | 9 | NOTICE of Setting. Parties notified. Initial Conference set for 4/17/2019 at 10:00 AM in Courtroom 704 before Magistrate Judge Frances H Stacy, filed. (bwhite, 4) (Entered: 03/21/2019) |
| 04/04/2019 | 10 | MOTION for Summary Judgment by Bayview Loan Servicing, LLC, filed. Motion Docket Date 4/25/2019. (Attachments: # 1 Affidavit Affidavit in Support)(Hakari, Robert) (Entered: 04/04/2019) |
| 04/10/2019 | 11 | STATEMENT re. telephonic appearance of Initial Conference on April 17 2019 by Bayview Loan Servicing, LLC, filed.(Hakari, Robert) (Entered: 04/10/2019) |
| 04/17/2019 | 12 | Minute Entry for proceedings held before Magistrate Judge Frances H Stacy. Initial SCHEDULING CONFERENCE held on 4/17/2019. Parties consent to Magistrate. DCO to follow. Appearances: Robert Brandon Hakari (appeared by phone), Conley Greg Goodrum.(ERO:Y), filed.(sanderson, 4) (Entered: 04/17/2019) |
| 04/18/2019 | 13 | SCHEDULING ORDER. ETT: 2 Days: Joinder of Parties due by 6/3/2019. Amended Pleadings due by 7/1/2019. Pltf Expert Witness List/Reports due by 9/2/2019. Deft Expert Witness List.Reports due by 9/13/2019. Mediation due by 8/15/2019. Dispositive Motion Filing due by 11/29/2019. Discovery due by 1/4/2020. Joint Pretrial Order due by 1/31/2020. Objections due by 2/14/2020….*** Bench Trial set for 2/24/2020 at 09:30 AM in Courtroom 704 before Magistrate Judge Frances H Stacy. (Signed by Magistrate Judge Frances H Stacy) Parties notified.(sanderson, 4) (Entered: 04/18/2019) |
| 05/28/2019 | 14 | RESPONSE to 10 MOTION for Summary Judgment filed by Thomas A. Willbern, III. (Attachments: # 1 Affidavit Plaintiff Affidavit)(Goodrum, Conley) (Entered: 05/28/2019) |
| 06/03/2019 | 15 | REPLY in Support of 10 MOTION for Summary Judgment , filed by Bayview Loan Servicing, LLC. (Hakari, Robert) (Entered: 06/03/2019) |
| 06/04/2019 | 16 | Opposed MOTION for Extension of Time Filing Summary Judgment Response by Thomas A. Willbern, III, filed. Motion Docket Date 6/25/2019. (Attachments: # 1 Proposed Order Order)(Goodrum, Conley) (Entered: 06/04/2019) |
| 06/10/2019 | 17 | ORDERE EXTENDING PLAINTIFF’S RESPONSE TO SUMMARY JUDGMENT DEADLINE re: 16 Opposed MOTION for Extension of Time Filing Summary Judgment Response. Plaintiff’s Response filed on May 28, 2019, is timely. (Signed by Magistrate Judge Frances H Stacy) Parties notified.(JenniferLongoria, 1) (Entered: 06/11/2019) |
| 07/01/2019 | 18 | First AMENDED COMPLAINT against Bayview Loan Servicing, LLC filed by Thomas A. Willbern, III.(Goodrum, Conley) (Entered: 07/01/2019) |
| 07/24/2019 | 19 | MEMORANDUM AND ORDER granting 10 MOTION for Summary Judgment . (Signed by Magistrate Judge Frances H Stacy) Parties notified.(gclair, 4) (Entered: 07/25/2019) |
| 07/24/2019 | 20 | FINAL JUDGMENT. Case terminated on 7/24/2019. (Signed by Magistrate Judge Frances H Stacy) Parties notified.(gclair, 4) (Entered: 07/25/2019) |
| 08/21/2019 | 21 | MOTION for New Trial by Thomas A. Willbern, III, filed. Motion Docket Date 9/11/2019. (Attachments: # 1 Affidavit Plaintiff’s Affidavit, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E)(Goodrum, Conley) (Entered: 08/21/2019) |
| 09/11/2019 | 22 | RESPONSE in Opposition to 21 MOTION for New Trial, filed by Bayview Loan Servicing, LLC. (Hakari, Robert) (Entered: 09/11/2019) |
| 02/11/2020 | 23 |
ORDER denying 21 Motion for New Trial.(Signed by Magistrate Judge Frances H Stacy) Parties notified.(bwhite, 4) (Entered: 02/11/2020) |
| 03/11/2020 | 24 | NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit by Thomas A. Willbern, III (Filing fee $ 505, receipt number 0541-24389539), filed.(Goodrum, Conley) (Entered: 03/11/2020) |
| 03/12/2020 | 25 | Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: 24 Notice of Appeal. Fee status: Paid. Reporter(s): ERO, filed. (dnoriega, 1) (Entered: 03/12/2020) |
| 03/26/2020 | 26 | Notice of Non-Compliance. Appellant has failed to: Submit the DKT13 transcript order form. Parties notified, filed. (JenniferLongoria, 1) Modified on 3/27/2020 (JenniferLongoria, 1). (Entered: 03/26/2020) |
| 04/06/2020 | 27 | DKT13 TRANSCRIPT ORDER REQUEST by WILLBERN/GOODRUM. This is to order a transcript of Entry of Docket Order on 4/17/19 before Judge Stacy. Court Reporter/Transcriber: Judicial Transcribers of Texas. This order form relates to the following: 12 Scheduling Conference,, filed.(Goodrum, Conley)Electronically forwarded to Judicial Transcribers of Texas on 4-7-2020. Estimated completion date: 5-7-2020. Modified on 4/7/2020 (MelissaMorgan, 4). (Entered: 04/06/2020) |
| 04/28/2020 | 28 | USCA LETTER for the Fifth Circuit advising court reporter Mary Henry the transcript must be filed with the District Court Clerk within 30 days from the date the USCA received the purchase order (USCA No. 20-20129), filed.(EdnitaPonce, 1) (Entered: 04/28/2020) |
| 05/12/2020 | 29 | APPEAL TRANSCRIPT re Initial Conference held on April 17, 2019 before Magistrate Judge Frances H Stacy. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party: Conley Greg Goodrum. This transcript relates to the following: 24 Notice of Appeal, 27 Appeal Transcript Request,. Release of Transcript Restriction set for 8/10/2020., filed. (mahenry, ) (Entered: 05/12/2020) |
