Debt Collector

Foreclosure: Another Default Judgment, Another Granted Request for Attorney Fees by Cronenwett

The oath that I just took — it is very weighty and I do not take the words I just swore to lightly, US District Judge David Morales said.

U.S Bank National Association, as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust v. Previty

(2:19-cv-00369)
District Court, S.D. Texas

DEC 6, 2019 | REPUBLISHED BY LIT: AUG 18, 2021

On December 8, 2020, Plaintiff filed Plaintiff’s Motion for Final Default Judgment (“Motion”). (ECF No. 27.) The Court entered the Order granting Plaintiff’s Motion on January 7, 2021. (ECF No. 28.) The Order allowed Plaintiff to seek attorneys’ fees through subsequent motion pursuant to Federal Rule of Civil Procedure 54(d)(2)(B)(i).

Plaintiff incurred $10,907.70 in reasonable and necessary attorneys’ fees in filing and prosecuting Plaintiff’s claims to enforce its interest in certain real property as a result of the default under the loan agreement made subject to this suit. See Exhibit A, Declaration of Mark D. Cronenwett. A true and correct copy of the detailed billing statements showing the attorneys’ fees by name, date, and amount is attached hereto as Exhibit A-2. Accordingly, in this Motion, Plaintiff requests an award of attorneys’ fees in the amount of $10,907.70 that it has incurred in this case.

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CLOSED

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Corpus Christi)
CIVIL DOCKET FOR CASE #: 2:19-cv-00369

U.S Bank National Association, as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust v. Previty et al
Assigned to: Judge David S Morales
Cause: 28:1332 Diversity-Breach of Contract
Date Filed: 12/06/2019
Date Terminated: 01/07/2021
Jury Demand: None
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity
Plaintiff
U.S Bank National Association, as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust
Series NC 2006 HE2 Asset Backed Pass Through Certificates, Series NC 2006 HE2
represented by Mark Douglas Cronenwett
Mackie Wolf Zientz & Mann, P.C.
14160 N. Dallas Parkway, Ste. 900
Dallas, TX 75254
214-635-2650
Fax: 214-635-2686
Email: mcronenwett@mwzmlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDSamin Hessami
Mackie Wolf et al
5177 Richmond Ave.
Ste 1230
Houston, TX 77056
214-635-2650
Email: shessami@mwzmlaw.com
ATTORNEY TO BE NOTICEDVivian Nahir Lopez
Mackie Wolf Zientz & Mann, P.C.
14160 North Dallas Parkway, Suite 900
Dallas, TX 75254
214-635-2662
Email: vlopez@mwzmlaw.com
ATTORNEY TO BE NOTICED
V.
Defendant
Michael Previty
Defendant
Daniel Previty
Defendant
Patricia Previty
Defendant
Theresa Lopez

 

Date Filed # Docket Text
12/06/2019 1 COMPLAINT against Theresa Lopez, Daniel Previty, Michael Previty, Patricia Previty (Filing fee $ 400 receipt number 0541-23717663) filed by U.S Bank National Association, as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Cronenwett, Mark) (Entered: 12/06/2019)
12/06/2019 2 CERTIFICATE OF INTERESTED PARTIES by U.S Bank National Association, as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust, filed.(Cronenwett, Mark) (Entered: 12/06/2019)
12/06/2019 3 Request for Issuance of Summons as to All Defendants, filed.(Cronenwett, Mark) (Entered: 12/06/2019)
12/09/2019 4 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Pretrial Conference set for 3/18/2020 at 09:45 AM before Judge David S Morales(Signed by Judge David S Morales) Parties notified.(arodriguez, 2) (Entered: 12/09/2019)
01/06/2020 5 RETURN of Service of SUMMONS Executed as to Michael Previty served on 12/21/2019, answer due 1/13/2020, filed.(Hessami, Samin) (Entered: 01/06/2020)
01/15/2020 6 RETURN of Service of SUMMONS Executed as to Daniel Previty served on 12/21/2019, answer due 1/13/2020, filed.(Hessami, Samin) (Entered: 01/15/2020)
01/15/2020 7 RETURN of Service, filed.(Hessami, Samin) (Entered: 01/15/2020)
03/02/2020 8 MOTION to Abate by U.S Bank National Association, as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust, filed. Motion Docket Date 3/23/2020. (Attachments: # 1 Proposed Order)(Hessami, Samin) (Entered: 03/02/2020)
03/13/2020 9 ORDER granting 8 Motion to Abate.(Signed by Judge David S Morales) Parties notified.(arodriguez, 2) (Entered: 03/13/2020)
03/13/2020 10 NOTICE of Resetting. Parties notified. Initial Pretrial Conference set for 6/17/2020 at 09:45 AM before Judge David S Morales, filed. (arodriguez, 2) (Entered: 03/13/2020)
04/14/2020 11 MOTION to Substitute for Substituted Service on Patricia Previty by U.S Bank National Association, as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust, filed. Motion Docket Date 5/5/2020. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Hessami, Samin) (Entered: 04/14/2020)
04/22/2020 12 ORDER granting 11 Motion to Substitute Service on defendant Patricia Previty.(Signed by Judge David S Morales) Parties notified.(srussell, 2) (Entered: 04/22/2020)
06/05/2020 13 MOTION for Entry of Order re: Order of No Interest in Property by U.S Bank National Association, as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust, filed. Motion Docket Date 6/26/2020. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Hessami, Samin) (Entered: 06/05/2020)
06/05/2020 14 REQUEST for Entry of Default against Daniel Previty, Michael Previty, Patricia Previty by U.S Bank National Association, as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust, filed. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Hessami, Samin) (Entered: 06/05/2020)
06/05/2020 15 MOTION for Default Judgment against Daniel Previty, Michael Previty, Patricia Previty by U.S Bank National Association, as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust, filed. Motion Docket Date 6/26/2020. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Hessami, Samin) (Entered: 06/05/2020)
06/18/2020 16 ***DISREGARD – DOCKETED IN ERROR – USED WRONG EVENT***. CLERK’S ENTRY OF JUDGMENT Parties notified.(jmarks, 2) (Entered: 06/18/2020)
06/18/2020 17 ORDER striking 15 Motion for Default Judgment.(Signed by Judge David S Morales) Parties notified.(lrivera, 2) (Entered: 06/18/2020)
06/18/2020 18 Clerks ENTRY OF DEFAULT against Theresa Lopez, Daniel Previty, Michael Previty, Patricia Previty Parties notified.(jmarks, 2) (Entered: 06/18/2020)
07/14/2020 19 MOTION for Default Judgment against All Defendants by U.S Bank National Association, as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust, filed. Motion Docket Date 8/4/2020. (Attachments: # 1 Proposed Order)(Hessami, Samin) (Entered: 07/14/2020)
11/19/2020 20 ORDER denying 13 Motion to enter order of no interest in property as to defendant Teresa Lopez (Signed by Judge David S Morales) Parties notified.(arodriguez, 2) (Entered: 11/19/2020)
11/19/2020 21 SUPPLEMENT to 19 MOTION for Default Judgment against All Defendants by U.S Bank National Association, as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust, filed.(Lopez, Vivian) (Entered: 11/19/2020)
12/02/2020 22 ORDER striking 18 Entry of Default as to Theresa Lopez, 19 Motion for Default Judgment, 21 Supplement.(Signed by Judge David S Morales) Parties notified.(fcarbia, 2) (Entered: 12/03/2020)
12/03/2020 23 RETURN of Service of SUMMONS Executed as to Theresa Lopez served on 4/14/2020, answer due 5/5/2020, filed.(Lopez, Vivian) (Entered: 12/03/2020)
12/03/2020 24 RETURN of Service of SUMMONS Executed as to Patricia Previty served on 4/25/2020, answer due 5/18/2020, filed.(Lopez, Vivian) (Entered: 12/03/2020)
12/04/2020 25 REQUEST for Entry of Default against Theresa Lopez by U.S Bank National Association, as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust, filed. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Lopez, Vivian) (Entered: 12/04/2020)
12/07/2020 26 Clerks ENTRY OF DEFAULT against Theresa Lopez Parties notified.(jmarks, 2) (Entered: 12/07/2020)
12/08/2020 27 MOTION for Default Judgment against All Defendants by U.S Bank National Association, as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust, filed. Motion Docket Date 12/29/2020. (Attachments: # 1 Proposed Order)(Lopez, Vivian) (Entered: 12/08/2020)
01/07/2021 28 DEFAULT JUDGMENT against Theresa Lopez, Daniel Previty, Michael Previty, Patricia Previty ; GRANTING 27 MOTION for Default Judgment against All Defendants. Copy of this order was sent by regular mail to each defendant at their last known address. Case terminated on 1/7/21(Signed by Judge David S Morales) Parties notified.(arodriguez, 2) (Entered: 01/07/2021)
01/11/2021 29 MOTION for Attorney Fees by U.S Bank National Association, as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust, filed. Motion Docket Date 2/1/2021. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Lopez, Vivian) (Entered: 01/11/2021)
02/02/2021 30 ORDER granting 29 Motion for Attorney Fees.(Signed by Judge David S Morales) Parties notified.(arodriguez, 2) (Entered: 02/02/2021)
Foreclosure: Another Default Judgment, Another Granted Request for Attorney Fees by Cronenwett
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Laws In Texas is a blog about the Financial Crisis and how the banks and government are colluding against the citizens and homeowners of the State of Texas and relying on a system of #FakeDocs and post-crisis legal precedents, specially created by the Court of Appeals for the Fifth Circuit to foreclose on homeowners around this great State. We are not lawyers. We do not offer legal advice. We are citizens of the State of Texas who have spent a decade in the court system in Texas and have been party to during this period to the good, the bad and the very ugly.

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