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Lubbeck v. Reverse Mortgage Solutions, Inc.
(1:19-cv-00231)
District Court, S.D. Texas
DEC 16, 2019 | REPUBLISHED BY LIT: AUG 18, 2021
The Property at 107 Buchanan St, Port Isabel, TX 78578 is Valued at $100k in 2021, per Zillow and this Federal Judge just granted nearly 15% of the value of the property in Attorney Fees alone.
ORDERED that summary judgment is GRANTED in favor of Reverse Mortgage Solutions, Inc. on its counterclaim for reasonable attorneys fees under the Deed of Trust; and ORDERED that the Lubbecks pay Reverse Mortgage Solutions, Inc. its reasonable attorneys fees in the amount of $14,332.16.
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U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Brownsville)
CIVIL DOCKET FOR CASE #: 1:19-cv-00231
| Lubbeck et al v. Reverse Mortgage Solutions, Inc. Assigned to: Judge Fernando Rodriguez, Jr
Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 12/16/2019 Date Terminated: 12/09/2020 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Josephine Lubbeck | represented by | Luis R Hernandez Zayas Hernandez PC 950 E Van Buren St Brownsville, TX 78520 956-546-5060 Fax: 956-546-5067 Email: luisrhdz.hernandez@gmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| Henry Lubbeck, Jr. | represented by | Luis R Hernandez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Reverse Mortgage Solutions, Inc. | represented by | Branch Masterson Sheppard Galloway, Johnson, Tompkins, Burr & Smith 1301 McKinney Suite 1400 Houston, TX 77010 713-599-0700 Email: bsheppard@gallowaylawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDAnnarose Marie Harding Galloway Johnson Tompkins Burr & Smith 1301 McKinney Ste 1400 Houston, TX 77010 713-599-0700 Email: aharding@gallowaylawfirm.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 12/16/2019 | 1 | NOTICE OF REMOVAL from 445th District Court, case number 2019-DCL-07011 (Filing fee $ 400 receipt number 0541-23777764) filed by Reverse Mortgage Solutions, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Civil Cover Sheet Civil Cover Sheet)(Sheppard, Branch) (Entered: 12/16/2019) |
| 12/20/2019 | 2 | CERTIFICATE OF INTERESTED PARTIES by Reverse Mortgage Solutions, Inc., filed. (Attachments: # 1 Supplement DEFENDANTS RULE 26(a)(1) INITIAL DISCLOSURES)(Sheppard, Branch) (Entered: 12/20/2019) |
| 12/20/2019 | 3 | ORDER Scheduling Rule 16 Conference With the Court and Setting Out the Requirements for Initial Pretrial Work. Initial Conference set for 2/6/2020 at 09:00 AM in Courtroom 11B before Chief Judge Lee H Rosenthal(Signed by Chief Judge Lee H Rosenthal) (Attachments: # 1 Supplement) Parties notified.(leddins, 4) (Entered: 12/20/2019) |
| 12/20/2019 | 4 | ORDER on Initial Discovery Protocols re Mandatory Initial Discovery Pilot Project.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4) (Entered: 12/20/2019) |
| 12/30/2019 | 5 | Unopposed MOTION to Change Venue to Brownsville Division of the Southern District of Texas by Reverse Mortgage Solutions, Inc., filed. Motion Docket Date 1/21/2020. (Attachments: # 1 Proposed Order)(Sheppard, Branch) (Entered: 12/30/2019) |
| 12/31/2019 | 6 | ORDER granting 5 Motion to Change Venue to Brownsville Division.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(LoriPurifoy, 4) (Entered: 12/31/2019) |
| 01/02/2020 | 7 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 3/3/2020 at 01:30 PM in Courtroom 6 before Judge Fernando Rodriguez Jr(Signed by Judge Fernando Rodriguez, Jr) Parties notified.(balvina, 1) (Entered: 01/02/2020) |
| 01/20/2020 | 8 | CERTIFICATE OF INTERESTED PARTIES by Josephine Lubbeck, filed.(Hernandez, Luis) (Entered: 01/20/2020) |
| 02/20/2020 | 9 | NOTICE of Appearance by Annarose M. Harding on behalf of Reverse Mortgage Solutions, Inc., filed. (Harding, Annarose) (Entered: 02/20/2020) |
| 02/24/2020 | 10 | JOINT DISCOVERY/CASE MANAGEMENT PLAN by Reverse Mortgage Solutions, Inc., filed.(Sheppard, Branch) (Entered: 02/24/2020) |
| 03/09/2020 | 11 | SCHEDULING ORDER. Joinder of Parties due by 4/28/2020 Pltf Expert Witness List due by 5/26/2020. Pltf Expert Report due by 5/26/2020. Deft Expert Witness List due by 7/21/2020. Deft Expert Report due by 7/21/2020. Discovery due by 10/13/2020. Dispositive Motion Filing due by 10/27/2020. Joint Pretrial Order due by 1/19/2021. Final Pretrial Conference set for 2/2/2021 at 01:30 PM before Judge Fernando Rodriguez Jr(Signed by Judge Fernando Rodriguez, Jr) Parties notified.(dbenavides, 1) (Entered: 03/09/2020) |
| 07/17/2020 | 12 | MOTION to Dismiss , MOTION for Summary Judgment ( Motion Docket Date 8/7/2020.) by Reverse Mortgage Solutions, Inc., filed. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit)(Sheppard, Branch) (Entered: 07/17/2020) |
| 07/21/2020 | 13 | DESIGNATION OF EXPERT WITNESS LIST by Reverse Mortgage Solutions, Inc., filed.(Sheppard, Branch) (Entered: 07/21/2020) |
| 08/07/2020 | 14 | RESPONSE to 12 MOTION to Dismiss MOTION for Summary Judgment filed by Josephine Lubbeck. (Attachments: # 1 Exhibit Exhibit 1 TRO, # 2 Exhibit Exhibit 2 Notice of Trustee Sale, # 3 Exhibit Exhibit 3 Substitute Trustee’s Deed, # 4 Exhibit Exhibit 4 Discovery from Defendant, # 5 Exhibit Exhibit 5 Adjustible Rate Note, # 6 Exhibit Exhibit 6 Discovery to Defendant, # 7 Exhibit Exhibit 7 Discovery Response from Defendant, # 8 Exhibit Exhibit 8 Affidavit of Luis Hernandez)(Hernandez, Luis) (Entered: 08/07/2020) |
| 08/07/2020 | 15 | Opposed RESPONSE Response Motion for Summary Judgment, filed by Josephine Lubbeck. (Hernandez, Luis) (Entered: 08/07/2020) |
| 08/07/2020 | 16 | RESPONSE in Opposition to 12 MOTION to Dismiss MOTION for Summary Judgment , filed by Josephine Lubbeck. (Attachments: # 1 Exhibit Exhibit 1 TRO, # 2 Exhibit Exhibit 2 Notice of Trustee Sale, # 3 Exhibit Exhibit 3 Substitute Trustee’s Deed, # 4 Exhibit Exhibit 4 Discovery from Defendant, # 5 Exhibit Exhibit 5 Adjustible Rate Note, # 6 Exhibit Exhibit 6 Discovery to Defendant, # 7 Exhibit Exhibit 7 Discovery Response from Defendant, # 8 Exhibit Exhibit 8 Affidavit of Luis Hernandez)(Hernandez, Luis) (Entered: 08/07/2020) |
| 08/17/2020 | 17 | REPLY to 16 Response in Opposition to Motion,, Motion to Dismiss and Motion Summary Judgment, filed by Reverse Mortgage Solutions, Inc.. (Sheppard, Branch) (Entered: 08/17/2020) |
| 12/09/2020 | 18 | OPINION AND ORDER. ORDERED that Defendants Motion 12 MOTION to Dismiss for Summary Judgment is GRANTED. ORDERED that the Lubbeckss cause of action for breach of contract against Reverse Mortgage Solutions, Inc. is DISMISSED WITH PREJUDICE; ORDERED that summary judgment is GRANTED in favor of Reverse Mortgage Solutions, Inc. on its counterclaim for reasonable attorneys fees under the Deed of Trust; and ORDERED that the Lubbecks pay Reverse Mortgage Solutions, Inc. its reasonable attorneys fees in the amount of $14,332.16.All other relief not expressly provided is denied.(Signed by Judge Fernando Rodriguez, Jr) Parties notified.(scastillo, 1) (Entered: 12/09/2020) |
