Debt Collector

Foreclosure: Cronenwett Approaches Judge Lynn Hughes for Attorney Fees After Default Judgment

Hell Yeah, Judge Hughes replies. If I cannot get out to conduct the foreclosure auction myself, the least I can do is grant y’all fees.

Deutsche Bank National Trust Company v. Jones-Wheatfall

(4:19-cv-04613)
District Court, S.D. Texas

NOV 25, 2019 | REPUBLISHED BY LIT: AUG 18, 2021

Judge Lynn N. Hughes, Admonished many times for Abuse of His Position, We Tell Foreclosure Litigants to Stand Up for their Often Denied Rights in Law…

Compare with…

“Because Robey is claiming that defendants violated the FDCPA by attempting to collect attorney’s fees that were not permitted under Oklahoma law, the Second Circuit’s reasoning in Miller and our decision in Johnson apply with equal force to this case . Accordingly, Robey has been injured under the terms of the FDCPA and can seek legal redress of his claims under that act. He has thus satisfied the “injury in fact” and other requirements of constitutional standing.”

Robey v. Shapiro, Marianos Cejda, L.L.C, 434 F.3d 1208, 1212 (10th Cir. 2006)

PLAINTIFF’S MOTION FOR ATTORNEYS’ FEES

Deutsche Bank National Trust Company, as Indenture Trustee of the Aames Mortgage Investment Trust 2004-1 (“Plaintiff”) files this Plaintiff’s Motion for Attorneys’ Fees (“Motion”) and respectfully shows the Court:

On November 25, 2019, Plaintiff filed its Original Complaint against Lelia Jones- Wheatfall and Michael Wayne Weathfall (together, “Defendants”) seeking an order allowing foreclosure against their interest in certain real property. (ECF 1.)

On December 17, 2020, Plaintiff filed Plaintiff’s Motion for Default Judgment (“Motion”).

(ECF No. 23.)

The Court entered the Order granting Plaintiff’s Motion on January 14, 2021.

(ECF No. 26.)

The Order allowed Plaintiff to seek attorneys’ fees by February 5, 2021, through subsequent motion pursuant to Federal Rule of Civil Procedure 54(d)(2)(B)(i).

Plaintiff incurred $9,399.00 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

See Exhibit A,

Declaration of Mark 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 $9,399.00 that it has incurred in this case.

Plaintiff is entitled to attorneys’ fees pursuant to Texas Civil Practice and Remedies Code section 001 because this suit is to enforce a written contract through foreclosure.

See TEX. CIV. P. REM. CODE § 38.001(8).

Furthermore, the loan contract provides for recovery of reasonable attorneys’ fees incurred in pursuit of foreclosure.

(See ECF Doc. No. 1-1, page 13-14.)

Plaintiff seeks attorneys’ fees as an additional debt secured by the subject Note and Security Instrument and not as a personal judgment against the Defendants.

PRAYER

For these reasons, Plaintiff requests that the Court award Plaintiff attorneys’ fees in the total amount of $9,399.00, to be recovered not as a personal judgment against Defendants but as a further obligation secured by the property at issue under the Note and Security Instrument made basis of this suit.

Plaintiff also prays for all relief, whether at law or in equity, to which it is justly entitled.

Respectfully submitted,

By: /s/ Vivian N. Lopez     

MARK D. CRONENWETT
Attorney in Charge
Texas Bar No. 00787303
Southern District Admission #21340
mcronenwett@mwzmlaw.com

VIVIAN N. LOPEZ
State Bar No. 20818-P
Southern District Admission #3504182
vlopez@mwzmlaw.com

MACKIE WOLF ZIENTZ & MANN, P. C.
14160 North Dallas Parkway, Suite 900
Dallas, TX 75254
(214) 635-2650
(214) 635-2686 (Fax)

ATTORNEY FOR PLAINTIFF

CERTIFICATE OF SERVICE

I hereby certify that I have caused a copy of the foregoing to be delivered to the following in the manner indicated on this the January 20, 2021.

Via U.S. Mail

LELIA JONES-WHEATFALL
4806 RICHMOND KNOLL LANE
FRESNO, TX 77545

MICHAEL WAYNE WHEATFALL
4806 RICHMOND KNOLL LANE
FRESNO, TX 77545

 /s/ Vivian N. Lopez                

VIVIAN N. LOPEZ

What Do Judges Lynn Hughes, David Hittner and Patrick Higginbotham Have in Common?

Personal Vendettas: All pro se foreclosure cases end up on their desks sequentially and they are generally dismissed without due process.

Abusive. Racist. Sexist. No Problem Judge. Carry On, Says the Chief Judge and Judicial Council at the Fifth Circuit.

We look at Judge Lynn Hughes of S.D. Texas who has been protected by the Fifth Circuit despite decades of abuse towards parties before him.

A Litigant Has A Right To Fairness in Every Proceeding, Including an Impartial Judge Sayeth Fifth Circuit Judge Cory Wilson

It’s refreshing. It’s candid. It’s a 3-panel led by a new circuit judge by the name of Judge Cory Wilson. Together with Judges Southwick and Jolly, these unanimous published decision(s) earn respect and a hat tip from LIT.

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:19-cv-04613

Deutsche Bank National Trust Company, v. Jones-Wheatfall et al
Assigned to: Judge Lynn N Hughes
Cause: 28:1332 Diversity-Breach of Contract
Date Filed: 11/25/2019
Date Terminated: 01/14/2021
Jury Demand: None
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity
Plaintiff
Deutsche Bank National Trust Company,
As Indenture Trustee of the Aames Mortgage Investment Trust 2004-1
represented by Samin 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 NOTICEDMark 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
ATTORNEY TO BE NOTICED
V.
Defendant
Lelia Jones-Wheatfall
Defendant
Michael Wayne Wheatfall

 

Date Filed # Docket Text
12/04/2020 20 Minute Entry for PRETRIAL CONFERENCE held before Judge Lynn N Hughes on 12/4/2020. Order to be entered. Appearances: Warren Johnsey, no appearance for Jones-Wheatfall. (Court Reporter: G. Dye) (ghassan, 4) (Entered: 12/04/2020)
12/04/2020 21 ORDER to Report. By 1/8/2021, Deutsche Bank must report the status of the removal of the loss mitigation hold and the next steps to advance this litigation. Internal review set for 1/11/2021. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) (Entered: 12/04/2020)
12/17/2020 22 REQUEST for Entry of Default against All Defendants by Deutsche Bank National Trust Company,, filed. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Lopez, Vivian) (Entered: 12/17/2020)
12/17/2020 23 MOTION for Default Judgment against All Defendants by Deutsche Bank National Trust Company,, filed. Motion Docket Date 1/7/2021. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Lopez, Vivian) (Entered: 12/17/2020)
12/17/2020 24 STATUS REPORT by Deutsche Bank National Trust Company,, filed.(Lopez, Vivian) (Entered: 12/17/2020)
12/23/2020 25 Clerks ENTRY OF DEFAULT against Lelia Jones-Wheatfall, Michael Wayne Wheatfall terminating 22 . Parties notified. (ghassan, 4) (Entered: 12/23/2020)
01/14/2021 26 DEFAULT JUDGMENT against Lelia Jones-Wheatfall and Michael Wheatfall. 23 (Signed by Judge Lynn N Hughes) Parties notified.(ShoshanaArnow, 4) (Entered: 01/14/2021)
01/20/2021 27 MOTION for Attorney Fees by Deutsche Bank National Trust Company,, filed. Motion Docket Date 2/10/2021. (Attachments: # 1 Proposed Order)(Lopez, Vivian) (Entered: 01/20/2021)
01/20/2021 28 Other EXHIBITS re: 27 MOTION for Attorney Fees by Deutsche Bank National Trust Company,, filed.(Lopez, Vivian) (Entered: 01/20/2021)
02/11/2021 29 ORDER granting 27 Motion for Attorney Fees.(Signed by Judge Lynn N Hughes) Parties notified.(ShoshanaArnow, 4) (Entered: 02/12/2021)
Foreclosure: Cronenwett Approaches Judge Lynn Hughes for Attorney Fees After Default Judgment
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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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