Burke v. Ocwen et al
S.D. Tex., 9 Aug., 2021 (4:21-cv-2591)
The Void Judgment Case has been assigned to US District Judge Al Bennett
Burke Reply in Support of Motion (Oct 8, 2022)
BDF Hopkins Response in Opposition to Motion (Oct 7, 2022)
Burke Alter Judgment as Void (Sep. 25, 2022)
Cadle Co. v. Moore (In re Moore), 739 F.3d 724, 733 n.15 (5th Cir. 2014)
“for the proposition that fraud on the court is established only with “an unconscionable plan or scheme … designed to improperly influence the court in its discretion.””
PLAINTIFF[S] MOTION TO VACATE ORDER 50 (SEP 8, 2022)
JUDGE BENNETT's ORDER, DOC. 50 (AUG 29, 2022)
EMERGENCY MOTION FOR CONTINUANCE (AUG 29, 2022)
Let’s Review Direct and Collateral Attacks, Due Process, Jurisdiction and Void Judgments https://t.co/AdhCP1FmtO
— lawsinusa (@lawsinusa) September 12, 2022
DEFENDANTS RULE 26 INITIAL DISCLOSURES (NOV 23, 2021)
OCWENs JOTP REPLY (NOV 23, 2021)
HOPKINS JOTP REPLY (NOV 23, 2021)
Basso v. Utah Power & Light Co. 495 F 2d 906, 910.
“Jurisdiction can be challenged at any time.”
DEFENDANTS MOTION TO STRIKE JOTP (NOV 19, 2021)
PLAINTIFFS CONSOLIDATED RESPONSE TO JOTP (NOV 14, 2021)
261 Kan. at 862.
“A judgment is void if the court acted in a manner inconsistent with due process. A void judgment is a nullity and may be vacated at any time.”
PLAINTIFFS AMENDED REPLY TO VEXATIOUS LITIGANT (OCT 30, 2021)
HOPKINS LAW et al MOTION FOR JUDGMENT ON THE PLEADINGS (OCT 28, 2021)
PLAINTIFFS REPLY TO VEXATIOUS LITIGANT (OCT 27, 2021)
Valley v. Northern Fire & Marine Ins. Co., 254 U.S. 348, 41 S. Ct. 116 ( 1920 )
“The law is well-settled that a void order or judgment is void even before reversal”
PLAINTIFF's CASE MANAGEMENT PLAN (OCT 27, 2021)
PHH OCWEN's MOTION FOR JUDGMENT ON THE PLEADINGS (OCT 26, 2021)
REMINDER CASE MGT PLAN (OCT 18)
Rook v. Rook, 233 Va. 92, 95, 353 S.E.2d 756, 758 (1987)
“A void judgment is one that has been procured by extrinsic or collateral fraud or entered by a court that did not have jurisdiction over the subject matter or the parties.”
PHH OCWEN ANSWER TO AMENDED COMPLAINT (OCT 12, 2021)
HOPKINS ET AL VEXATIOUS LITIGANT MOTION (OCT 12, 2021)
HOPKINS ANSWER TO AMENDED COMPLAINT (OCT 12, 2021)
Old Wayne Mut. L. Assoc. v. Mcdonough, 204 U. S. 8, 27 S. Ct. 236 (1907).
“A court cannot confer jurisdiction where none existed and cannot make a void proceeding valid. It is clear and well established law that a void order can be challenged in any court”
NATHAN OSLER CLERK SDTX RESPONSE RE LETTER (OCT 8, 2021)
REMINDER CASE MGT PLAN (OCT 6)
UNCONSTITUTIONAL LETTER (SEP. 25)
Joyce v. U.S. 474 2D 215.
“There is no discretion to ignore lack of jurisdiction.”
CONTINUANCE GRANTED (SEP. 21)
CASE MGT PLAN DRAFT SENT TO HOPKINS (SEP 21)
UNOPPOSED CONTINUANCE, (SEP. 17)
Rosemond v. Lambert, 469 F 2d 416.
“The burden shifts to the court to prove jurisdiction.”
FIRST AMENDED COMPLAINT WITH AFFIDAVITS (17 SEP. 2021)
OCWEN CIP (SEP 1, 2021)
HOPKINS CIP (SEP 1, 2021)
OCWEN ANSWER TO COMPLAINT (SEP 1, 2021)
HOPKINS ANSWER TO COMPLAINT (SEP 1, 2021)
THE LAWLESS LAWYER CLAY VILT AND HIS FRIENDS IN DIRTY ROBES
Oh Look, it’s US Federal Judge Alfred H. Bennett again, involved in another crime-ridden case @uscourts
The VILT/FORSYTHE Scam, an illegal rent back scheme which is criminal in nature @TXAG https://t.co/eM2R7BHCun pic.twitter.com/brUBXhRSnx
— lawsinusa (@lawsinusa) September 11, 2022
Questions That Need Answers
In order to effect change, we need your strength. A determined community of civilians and organizations that see the value in our campaign:
“Restore Moral Integrity to Texas Courts”. #RESTORETX
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:21-cv-02591
| Burke et al v. Ocwen Loan Servicing, LLC et al Assigned to: Judge Alfred H Bennett Cause: 28:1331 Fed. Question |
Date Filed: 08/09/2021 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Federal Question |
| Date Filed | # | Docket Text |
|---|---|---|
| 08/09/2021 | 1 | COMPLAINT against All Defendants filed by John Burke, Joanna Burke. (Attachments: # 1 Civil Cover Sheet)(MelissaMorgan, 4) (Additional attachment(s) added on 8/10/2021: # 2 Cover Letter) (MelissaMorgan, 4). (Entered: 08/10/2021) |
| 08/09/2021 | 2 | Exhibit List by Joanna Burke, John Burke(MelissaMorgan, 4) (Entered: 08/10/2021) |
| 08/10/2021 | 3 |
NOTICE to Pro Se Litigant of Case Opening. Party notified, filed. (MelissaMorgan, 4) (Entered: 08/10/2021) |
| 08/10/2021 | 4 |
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 11/5/2021 at 09:00 AM in Courtroom 8C before Judge Alfred H Bennett. (Signed by Judge Alfred H Bennett) Parties notified.(MelissaMorganadi, 4) (Entered: 08/10/2021) |
| 08/25/2021 | 5 | Emergency Motion for Permission to File Electronically (CM/ECF/PACER) and email notifications due to Life-Threatening Pandemic in Harris County (Level I, Stay at Home) and the State of Texas & Email Notifications. by Joanna Burke, John Burke, filed. Motion Docket Date 9/15/2021. (jdav, 4) Modified on 8/31/2021 (jdav, 4). (Entered: 08/31/2021) |
| 09/01/2021 | 6 |
ANSWER to 1 Complaint by Ocwen Loan Servicing, LLC, filed.(Hopkins, Mark) (Entered: 09/01/2021) |
| 09/01/2021 | 7 |
ANSWER to 1 Complaint by Mark Daniel Hopkins, Shelley Hopkins, Hopkins Law, PLLC, filed.(Hopkins, Mark) (Entered: 09/01/2021) |
| 09/01/2021 | 8 | CERTIFICATE OF INTERESTED PARTIES by Ocwen Loan Servicing, LLC, filed.(Hopkins, Mark) (Entered: 09/01/2021) |
| 09/01/2021 | 9 | CERTIFICATE OF INTERESTED PARTIES by Mark Daniel Hopkins, Shelley Hopkins, Hopkins Law, PLLC, filed.(Hopkins, Mark) (Entered: 09/01/2021) |
| 09/17/2021 | 10 | Unopposed MOTION for Continuance of Initial Pretrial and Scheduling Conference by Mark Daniel Hopkins, Shelley Hopkins, Hopkins Law, PLLC, Ocwen Loan Servicing, LLC, filed. Motion Docket Date 10/8/2021. (Attachments: # 1 Proposed Order)(Hopkins, Mark) (Entered: 09/17/2021) |
| 09/21/2021 | 11 |
ORDER granting 10 Motion for Continuance Initial Conference set for 12/10/2021 at 09:00 AM in Courtroom 8C before Judge Alfred H Bennett.(Signed by Judge Alfred H Bennett) Parties notified.(ledwards, 4) (Entered: 09/21/2021) |
| 09/22/2021 | 12 | AMENDED COMPLAINT against All Defendants filed by Joanna Burke, John Burke. Related document: 1 Complaint filed by John Burke, Joanna Burke.(ShannonHolden, 4) (Entered: 09/24/2021) |
| 09/28/2021 | 13 | Letter from John and Joanna Burke re: Judicial misconduct, filed. (ledwards, 4) (Entered: 10/12/2021) |
| 10/08/2021 | 14 | Letter from Clerk of Court in Response to Pro Se Litigant, filed. (ledwards, 4) (Entered: 10/12/2021) |
| 10/12/2021 | 15 | ANSWER to 12 Amended Complaint/Counterclaim/Crossclaim etc. by Ocwen Loan Servicing, LLC, PHH Mortgage Corporation, filed.(Hopkins, Mark) (Entered: 10/12/2021) |
| 10/12/2021 | 16 | ANSWER to 12 Amended Complaint/Counterclaim/Crossclaim etc. by Mark Daniel Hopkins, Shelley Hopkins, Hopkins Law, PLLC, filed.(Hopkins, Mark) (Entered: 10/12/2021) |
| 10/12/2021 | 17 | MOTION to Declare Plaintiffs as Vexatious Litigants and Brief in Support by Mark Daniel Hopkins, Shelley Hopkins, Hopkins Law, PLLC, Ocwen Loan Servicing, LLC, PHH Mortgage Corporation, filed. Motion Docket Date 11/2/2021. (Attachments: # 1 Proposed Order)(Hopkins, Mark) (Entered: 10/12/2021) |
| 10/26/2021 | 18 |
MOTION for Judgment by Ocwen Loan Servicing, LLC, PHH Mortgage Corporation, filed. Motion Docket Date 11/16/2021. (Attachments: # 1 Proposed Order)(Hopkins, Mark) (Entered: 10/26/2021) |
| 10/28/2021 | 19 |
MOTION for Judgment by Mark Daniel Hopkins, Shelley Hopkins, Hopkins Law, PLLC, filed. Motion Docket Date 11/18/2021. (Attachments: # 1 Proposed Order)(Hopkins, Mark) (Entered: 10/28/2021) |
| 11/01/2021 | 22 | PLAINTIFF’S DISCOVERY/CASE MANAGEMENT PLAN UNDER RULE 26(F), FEDERAL RULES OF CIVIL PROCEDURE by Joanna Burke, John Burke, filed.(scastillo, 1) (Entered: 11/05/2021) |
| 11/01/2021 | 23 | REPLY TO DEFENDANT’S MOTION TO DECLARE PLAINTIFFS AS VEXATIOUS LITIGANTS (WITH BRIEF IN SUPPORT), filed by Joanna Burke, John Burke. (Attachments: # 1 Proposed Order)(scastillo, 1) (Entered: 11/05/2021) |
| 11/02/2021 | 20 | PROPOSED ORDER re: 17 MOTION to Declare Plaintiffs as Vexatious Litigants and Brief in Support, filed.(RachelSalazar, 4) (Entered: 11/04/2021) |
| 11/02/2021 | 21 | REPLY to 17 MOTION to Declare Plaintiffs as Vexatious Litigants and Brief in Support, filed by Joanna Burke, John Burke. (Attachments: # 1 Cover Letter)(RachelSalazar, 4) (Entered: 11/04/2021) |
| 11/05/2021 | 24 | JOINT DISCOVERY/CASE MANAGEMENT PLAN by Mark Daniel Hopkins, Shelley Hopkins, Hopkins Law, PLLC, Ocwen Loan Servicing, LLC, PHH Mortgage Corporation, filed.(Hopkins, Mark) (Entered: 11/05/2021) |
