Acceleration

Facing Foreclosure: Admonished Texas Attorney Tom Willbern Rises Once More With Bandit as Counsel

Page 2-3 of the Complaint states that Tommy Willbern has always paid his mortgage on time and is an upstanding citizen and lawyer of 30 yrs.

202368134 –

WILLBERN, THOMAS vs. NATIONSTAR MORTGAGE LLC

(Court 333, JUDGE BRITTANYE MORRIS)

OCT 2, 2023 | REPUBLISHED BY LIT: OCT 31, 2023
Nov. 13, 30, 2023

Last Visit/Update

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.

Bayview removed the case to federal court based on diversity jurisdiction and soon moved for summary judgment. The district court granted Bayview’s motion and dismissed Mr. Willbern’s suit.

For the reasons below, we affirm.

*Pursuant to 5TH CIRCUIT RULE 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIRCUIT RULE 47.5.4.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

Case in other court:  295th District Court Harris County Texas, 18-79532

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)
Facing Foreclosure: Admonished Texas Attorney Tom Willbern Rises Once More With Bandit as Counsel
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