BDF Hopkins

Foreclosure Defense Lawyer Rob Newark is Counsel for the Homeowner(s) in Both 2022 Federal Lawsuits

The first lawsuit before Judge Biery ended in default judgment because no answer filed by Joyce Gordon. Newark now represents Joyce Gordon.

Gordon v. U.S. Bank Trust National Association as Trustee of CMSI Remic 2007-09 Remic Pass-Through Certificates Series 2007-09 (5:22-cv-00660)

District Court, W.D. Texas

JUN 24, 2022 | REPUBLISHED BY LIT: JUL 20, 2022

PREMATURE Motion to Dismiss for Failure to State a Claim by Cenlar FSB, U.S. Bank Trust National Association as Trustee of CMSI Remic 2007-09 Remic Pass-Through Certificates Series 2007-09.

(Attachments: # 1 Proposed Order)(Hopkins, Shelley) (Entered: 07/01/2022)

ORDER AND ADVISORY

It is ORDERED that the Plaintiff(s) confer with the Defendant(s) to submit

(1) a proposed scheduling order

and

(2) a Rule 26(f) Report in the formats shown in the attached documents for the Courts consideration by August 17, 2022.

No later than August 17, 2022, each party shall sign the appropriate election form, indicating whether or not they consent to Magistrate Judge jurisdiction.

Signed by Judge Xavier Rodriguez. (nm)

(Entered: 07/18/2022)

U.S. District Court [LIVE]
Western District of Texas (San Antonio)
CIVIL DOCKET FOR CASE #: 5:22-cv-00660-XR

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Gordon v. U.S. Bank Trust National Association as Trustee of CMSI Remic 2007-09 Remic Pass-Through Certificates Series 2007-09 et al
Assigned to: Judge Xavier Rodriguez

Case in other court:  81st Judicial District Court of Wilson County, TX, CVW2200275

Cause: 28:1441 Petition for Removal- Declaratory Judgemen

Date Filed: 06/24/2022
Jury Demand: None
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity
Plaintiff
Joyce M. Gordon represented by Robert Clarence Newark , III
Newark Law Offices
1341 W. Mockingbird Lane Ste 600W
Dallas, TX 75246
866-230-7236
Fax: 888-316-3398
Email: office@newarkfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
U.S. Bank Trust National Association as Trustee of CMSI Remic 2007-09 Remic Pass-Through Certificates Series 2007-09 represented by Robert Davis Forster , II
Barrett Daffin Frappier Turner and Engel LLP
4004 Belt Line Road, Ste. 100
Addison, TX 75001
972-386-5040
Fax: 972-341-0734
Email: robertfo@bdfgroup.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDShelley L. Hopkins
Hopkins Law, PLLC
3 Lakeway Centre Ct.
Suite 110
Austin, TX 78734
512-600-4320
Email: shelley@hopkinslawtexas.com
ATTORNEY TO BE NOTICED
Defendant
Cenlar FSB represented by Robert Davis Forster , II
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDShelley L. Hopkins
(See above for address)
ATTORNEY TO BE NOTICED

 

Date Filed # Docket Text
06/24/2022 1 NOTICE OF REMOVAL by Cenlar FSB, U.S. Bank Trust National Association as Trustee of CMSI Remic 2007-09 Remic Pass-Through Certificates Series 2007-09 (Filing fee $402 receipt number 0542-16180487), filed by Cenlar FSB, U.S. Bank Trust National Association as Trustee of CMSI Remic 2007-09 Remic Pass-Through Certificates Series 2007-09. (Attachments: # 1 Civil Cover Sheet, # 2 Supplement to Civil Cover Sheet, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Hopkins, Shelley) (Entered: 06/24/2022)
06/27/2022 2 STANDING ORDER CONCERNING REMOVED CASES. Signed by Judge Xavier Rodriguez. (nm) (Entered: 06/27/2022)
06/28/2022 3 Certificate of Interested Parties and Disclosure Statement by Cenlar FSB, U.S. Bank Trust National Association as Trustee of CMSI Remic 2007-09 Remic Pass-Through Certificates Series 2007-09. (Hopkins, Shelley) (Entered: 06/28/2022)
06/28/2022 4 ADVISORY TO THE COURT by Cenlar FSB, U.S. Bank Trust National Association as Trustee of CMSI Remic 2007-09 Remic Pass-Through Certificates Series 2007-09 . (Hopkins, Shelley) (Entered: 06/28/2022)
07/01/2022 5 Motion to Dismiss for Failure to State a Claim by Cenlar FSB, U.S. Bank Trust National Association as Trustee of CMSI Remic 2007-09 Remic Pass-Through Certificates Series 2007-09. (Attachments: # 1 Proposed Order)(Hopkins, Shelley) (Entered: 07/01/2022)
07/18/2022 6 ORDER AND ADVISORY–It is ORDERED that the Plaintiff(s) confer with the Defendant(s) to submit (1) a proposed scheduling order and (2) a Rule 26(f) Report in the formats shown in the attached documents for the Courts consideration by August 17, 2022. No later than August 17, 2022, each party shall sign the appropriate election form, indicating whether or not they consent to Magistrate Judge jurisdiction. Signed by Judge Xavier Rodriguez. (nm) (Entered: 07/18/2022)

 


 

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Transaction Receipt
07/20/2022 12:57:11

DEFENDANTS’ RULE 12(b)(6) MOTION TO DISMISS

Pursuant to 12(b)(6) of the Federal Rules of Civil Procedure, Defendants U.S. Bank Trust National Association as Trustee of CMSI Remic 2007-09 Remic Pass-Through Certificates Series 2007-09 (“U.S. Bank”) and Cenlar FSB (“Cenlar”) (collectively “Defendants”) file this Motion to Dismiss in response to Plaintiff Joyce M. Gordon’s (“Plaintiff”) Original Petition and Stay of Order to Proceed with Expedited Foreclosure Under Tex. Rule Civil Procedure 736 in Cause No. 19-09-0669-CVW (“Complaint”) [Doc. 1-4] (“Plaintiff’s Complaint”) and respectfully shows the Court the following:

I.
SUMMARY & FACTUAL BACKGROUND

1. Plaintiff filed this suit against Defendants U.S. Bank and Cenlar to stop a foreclosure sale scheduled for June 7, 2022, under the auspices that Defendants’ were pursuing foreclosure on a Rule 736 foreclosure order.

See Plaintiff’s Complaint [Doc. 1-4, pages 1-2].

When in reality, Defendants have a judgment from the U.S. District Court for the Western District of Texas in Case No. 5:22-cv-00044, U.S. District Judge Fred Biery.

2. Plaintiffs and her husband, non-party Keith Gordon, are the owners of certain real property located at 624 Sunshine Meadow, Adkins, Texas 78101 (the “Property”).

[Doc. 1-4]

and have filed this, the second lawsuit, in order to stop foreclosure of their home equity loan secured by the Property.

To obtain the Property, Plaintiff’s husband Keith Gordon executed a Texas Home Equity Note (Fixed Rate – First Lien) (“Note”) and Plaintiff and her husband both executed a Texas Home Equity Security Instrument (First Lien) (“Deed of Trust”), the Deed of Trust being recorded in the Official Public Records of Wilson County, Texas.

Id.

U.S. Bank is the beneficiary of the Deed of Trust and Cenlar is the mortgage servicer

3. Plaintiff concedes the Property was noticed for foreclosure sale on June 7, 2022.

However, Plaintiff filed this lawsuit to stop the foreclosure sale.

[Doc. 1-4].

Plaintiff speciously bases her claims on the allegation that Defendants do not have the right to enforce the Deed of Trust.

Based on these erroneous arguments, Plaintiff asserts a sole cause of action for declaratory judgment.

[Doc. 1-4].

4. The Court should dismiss Plaintiff’s Complaint in its entirety for failure to state a claim because Plaintiff fails to clearly identify a cause of action upon which relief can be granted.

Further, Plaintiff fails to allege sufficient facts in support of her vague stated actions, as she fails to specify why exactly Defendants cannot enforce the Deed of Trust.

5. Further, Plaintiff was served in the prior lawsuit, failed to appear and cannot now seek to pursue any claims or should have been brought, against Defendants in the prior lawsuit.

This suit basically equates to an impermissible collateral attack on a valid judgment of the Court.

II.
ARGUMENT AND AUTHORITIES

6. Defendants incorporate the preceding paragraphs as if fully stated herein.

Defendants move the Court to dismiss Plaintiff’s Complaint as Plaintiff fails to state a claim for which she is entitled to relief.

[Doc. 1-4].

A. Rule 12(b)(6) Standard

7. Plaintiff’s Complaint should be dismissed for failure to state a claim. In order to survive a Rule 12(b)(6) motion, a plaintiff must plead “enough facts to state a claim to relief that is plausible on its face.”

Bell Atl. Corp. v. Twombly, 127 S. Ct. 1955, 1974 (2007).

A 12(b)(6) motion is proper if either the Petition fails to assert a cognizable legal theory or the facts asserted are insufficient to support relief under a cognizable legal theory.

See Stewart Glass & Mirror, Inc. v. U.S.A. Glas, Inc., 940 F.Supp.1026, 1030 (E.D. Tex. 1996).

“However, conclusory allegations, unwarranted deductions of fact, or legal conclusions masquerading as factual allegations will not suffice to prevent the granting of a motion to dismiss.”

Percival v. American Home Mortgage Corp., 469 F.Supp.2d 409, 412 (N.D. Tex. 2007).

“[A] plaintiff must plead specific facts, not mere conclusional allegations, to avoid dismissal for failure to state a claim.”

See Kane Enters v. MacGregor (USA), Inc., 322 F.3d 371, 374 (5th Cir. 2003).

While the allegations need not be overly detailed, a plaintiff’s pleadings must still provide the grounds of his entitlement belief, which “requires more than labels and conclusions, and a formulaic recitation of the elements will not do.”

Twombly, 127 S. Ct. at 1964-1965; see also Blackburn v. City of Marshall, 42 F.3d 925, 931 (5th Cir. 1995).

8. “Dismissal can be based on either a lack of a cognizable legal theory or the absence of sufficient facts alleged under a cognizable legal theory.”

See Frith v. Guardian Life Ins. Co. of Am., 9 F.Supp.2d 734, 737–38 (S.D.Tex.1998).

While a complaint need not contain detailed factual allegations to survive a 12(b)(6) motion, the Supreme Court has held that a plaintiff’s “obligation to provide the ‘grounds’ of his ‘entitlement to relief’ requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.”

Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) (abrogating the Conley v. Gibson, 355 U.S. 41 (1957) ‘no set of facts’ standard as “an incomplete, negative gloss on an accepted pleading standard”) (citations omitted).

Plaintiff must allege “enough facts to state a claim to relief that is plausible on its face” and “raise a right to relief above the speculative level.” Id.; Nationwide Bi–Weekly Admin., Inc. v. Belo Corp., 512 F.3d 137, 140 (5th Cir. 2007).

B. Dismissal is Also Proper Under Rule 8 of the Federal Rules of Civil Procedure.

9. Plaintiff’s Complaint is subject to dismissal because it fails to satisfy the requirements of Rule 8.

Under Rule 8(a)(2), a complaint must set forth “a short and plain statement of the claim showing that [the plaintiff] is entitled to relief.”

See Fed. R. Civ. P. 8.

Further, Rule 8(d), specifically states that “[e]ach allegation must be simple, concise, and direct.”

Id.

To avoid judgment on the pleadings or dismissal, a complaint must contain “enough facts to state a claim to relief that is plausible on its face.”

Twombly, 550 U.S. at 555 (2007).

“[T]he basic requirements of Rule 8 apply to self-represented and counseled plaintiffs alike.”

Wynder v. McMahon, 360 F.3d 73, 79 n.11 (2d Cir. 2004).

A district court has the power to dismiss a complaint when a plaintiff fails to comply with Rule 8’s “short and plain statement” requirement.

See Kuehl v. Fed. Deposit Ins. Corp., 8 F.3d 905, 908 (1st Cir. 1993).

It is appropriate to strike a pleading for gross violation of Rule 8, or when material contained in pleading is scandalous, immaterial or redundant.

See Asay v. Hallmark Cards, Inc., 594 F.2d 692, 696 n.2 (8th Cir. 1979).

Plaintiff’s Complaint fails to meet the Rule 8 standards and should be dismissed

C. Plaintiff Fails to State a Claim Declaratory Judgment

10. Defendants assert that Plaintiff’s claims for declaratory relief should be dismissed because Plaintiff has not alleged any viable claims against Defendants.

A declaratory judgment action is a form of relief based upon underlying claims.

See, Collin Cnty., Tex. v. Homeowners Ass’n for Values Essential to Neighborhoods (HAVEN), 915 F.2d 167, 170-71 (5th Cir. 1990).

The availability of a declaratory judgment, “presupposes the existence of a judicially remedial right.”

Schilling v. Rogers, 363 U.S. 666, 677, 80 S.Ct. 1288, 4 L.Ed.2d 1478 (1960).

The Declaratory Judgments Act is a procedural device that creates no substantive rights.

See Aetna Life Ins. Co. v. Haworth, 300 U.S. 227, 239-41, 57 S.Ct. 461, 81 L.Ed. 617 (1937).

11. “A declaratory judgment action is merely a vehicle that allows a party to obtain an ‘early adjudication of an actual controversy’ arising under other substantive law.”

Capital One v. Swisher-35, Ltd., 2008 WL 4274499, at *2 (N.D. Tex. Sept. 17, 2008) (quoting Collin County, Tex. v. Homeowners Ass’n for Values Essential to Neighborhoods, 915 F.2d 167, 170 (5th Cir. 1990)).

“In a declaratory judgment action, the controversy between the parties relates to the ‘underlying cause of action of the defendant against the plaintiff.’”

Id.

Thus, the Declaratory Judgment Act can provide no relief to a plaintiff unless a justiciable controversy exists between the parties.

Kazmi v. BAC Home Loans Servicing, L.P., 2012 WL 629440, at *15 (E.D. Tex. Feb. 3, 2012) report and recommendation adopted, 2012 WL 629433 (E.D. Tex. Feb. 27, 2012), 517 Fed. Appx 228 (5th Cir. 2013) (per curiam) (unpublished).

12. A plaintiff seeking declaratory relief must therefore allege a “substantial and continuing” controversy, which the Fifth Circuit has likened to the Article III standing requirement of an existing case or controversy.

See Bauer v. Tex., 341 F.3d 352, 358 (5th Cir. 2003).

“The Plaintiff must allege facts from which the continuation of the dispute may be reasonably inferred.”

Id. A request for declaratory judgment is remedial in nature and depends upon the assertion of viable causes of action.

See Naddour v. Nationstar Mortg., LLC, No. 3:11-cv-1096-B, 2012 WL 4473127, at *7 (N.D. Tex. Sept. 27, 2012).

13. Plaintiff pleads no facts to support her claim, yet seeks a judgment declaring “the Deed of Trust void ab initio; that any purported lien evidenced by the Deed of Trust is void; and that such purported lien does not constitute a lien or encumbrance against the Property.”

See Plaintiff’s Complaint [Doc. 1-4, para. 14].

Plaintiff supports this allegation with no evidentiary or factual support whatsoever, simply failing to even outline why she believes Defendants are not entitled to enforce the Deed of Trust.

Plaintiff’s Complaint fails to state a cause of action upon which relief can be granted.

III.
DISMISSAL WITH PREJUDICE

14. The Court should deny Plaintiff an opportunity to amend because any amendment to its pleadings would be futile.

See SB. Intern., v. Jindal, 2007 WL 2410007, * at 3 (N.D. Tex. Aug. 23, 2007)(citing Foman v. Davis, 371 U.S. 178, 182 (1962));

see also Abruzzo v. PNC Bank, N.A., 2012 WL 3200871, at *3 (N.D. Tex. July 30, 2012)

(denying leave to amend with respect to claims that fail as a matter of law).

Plaintiff’s allegations do not give rise to a plausible cause of action against Defendants.

Even if all facts alleged by Plaintiff are assumed true, no viable cause of action exists against Defendants as Plaintiff has not pleaded “enough facts to state a claim to relief that is plausible on its face.”

Twombly, 550 U.S. at 570

. Further, Plaintiff cannot use this suit as a collateral attack on a valid prior judgment.

Defendants’ Motion to Dismiss should be granted because Further, even if allowed the opportunity to amend, Plaintiff cannot assert a viable claim against Defendants.

As such, Plaintiff’s claims against Defendants should be dismissed with prejudice pursuant to Rule 12(b)(6).

IV. CONCLUSION

Plaintiff fails to state a claim upon which relief can be granted.

Accordingly, Defendants U.S. Bank and Cenlar respectfully request that their Motion to Dismiss be granted and Plaintiff’s claims be dismissed with prejudice.

Defendants further request all relief, at law or in equity, to which they are entitled.

Respectfully submitted,

WILSON CAD

By: /s/ Shelley L. Hopkins

Shelley L. Hopkins
State Bar No. 24036497
BARRETT DAFFIN FRAPPIER
TURNER & ENGEL, LLP – Of Counsel
3 Lakeway Centre Ct., Suite 110
Austin, Texas 78734
(512) 600-4320
ShelleyH@bdfgroup.com
shelley@hopkinslawtexas.com

Robert D. Forster, II
State Bar No. 24048470
BARRETT DAFFIN FRAPPIER TURNER & ENGEL, LLP
4004 Belt Line Road, Ste. 100
Addison, Texas 75001
(972) 386-5040
(972) 341-0734 (Facsimile)
RobertFO@bdfgroup.com

ATTORNEYS FOR DEFENDANTS

CERTIFICATE OF SERVICE

I hereby certify that on the 1st day of July, 2022, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF filing system, and will send a true and correct copy to the following:

VIA ECF:
Robert C. Newark, III
A Newark Firm
1341 W. Mockingbird Lane,
Suite 600W Dallas, Texas 75247
office@newarkfirm.com
ATTORNEYS FOR PLAINTIFF

/s/ Shelley L. Hopkins
Shelley L. Hopkins

Property at Risk: 624 Sunshine Meadow, Adkins, Texas 78101

Keith R. Gordon v. U.S. Bank Trust National Association as Trustee of CMSI-REMIC 2007-09 REMIC Pass Through Certificates Series 2007-09 (5:22-cv-00044)

District Court, W.D. Texas

JAN 1, 2022 – APR 29, 2022 | REPUBLISHED BY LIT: JUL 20, 2022

DEFAULT JUDGMENT AS TO JOYCE M. GORDON

Before the Court is the Motion for Default Judgment Against Third-Party Defendant Joyce M. Gordon (“Motion”). (Docket no. 14). U.S. Bank Trust National Association as Trustee of CMSI Remic 2007-09 Remic Pass-Through Certificates Series 2007-09 (“U.S. Bank” or “Third-Party Plaintiff”), its successors and assigns, is the Third-Party Plaintiff and Joyce M. Gordon (“Third-Party Defendant” or “Gordon”) is the Third-Party Defendant.

After careful consideration, the Court is of the opinion that the Motion should be granted.

Third-Party Defendant, although having been duly and legally summoned to appear and answer, failed to appear and answer, and wholly made default on U.S. Bank’s claims against her. U.S. Bank’s Third-Party Complaint (“Third-Party Complaint”) was served upon Third-Party Defendant according to law and returned to the Clerk where it remained on file for the time required by law.

The Court has read the pleadings and the papers on file, and is of the opinion that the allegations of U.S. Bank’s Third-Party Complaint have been admitted by Third-Party Defendant Gordon.

The Court further finds that U.S. Bank does not seek monetary damages against Gordon, but instead seeks certain declarations and a judgment allowing foreclosure of the real property which is the subject of this action.

Therefore, in light of Gordon’s default and the nature of U.S. Bank’s claims, the Motion (docket no. 14) is GRANTED and the Court orders as follows:

IT IS ORDERED, ADJUDGED and DECREED that the material allegations of the Third-Party Complaint be and are deemed admitted as to Third-Party Defendant.

IT IS FURTHER ORDERED, ADJUDGED and DECREED that an event of default has occurred on that certain Texas Home Equity Note (Fixed Rate- First Lien), executed on or about October 4, 2007 (hereinafter “Note”).

IT IS FURTHER ORDERED, ADJUDGED and DECREED that certain Texas Home Equity Security Instrument dated October 4, 2007 in the principal sum of $252,000.00 signed by Joyce M. Gordon and Keith R. Gordon and recorded in the official public records of Wilson County, Texas, provides U.S. Bank, as the mortgagee of the Security Instrument, in the event of default on the obligations on the Note, with a first lien security interest on that certain real property commonly known as 624 Sunshine Meadow, Adkins, Texas 78101, (hereinafter “Property”) and is more precisely described as:
LOT 144, WHISPERING OAKS SUBDIVISION, SECTION TWO, AS SHOWN ON PLAT RECORDED AT VOLUME 6, PAGES 64-66 OF THE PLAT RECORDS OF WILSON COUNTY, TEXAS.

IT IS FURTHER ORDERED, ADJUDGED and DECREED that U.S. Bank is the mortgagee of the Security Instrument.

IT IS FURTHER ORDERED, ADJUDGED and DECREED that the following are secured by the Security Instrument on the Property: the outstanding balance of the Note, including attorney’s fees; pre-judgment interest; post-judgment interest; and costs of court.

IT IS FURTHER ORDERED, ADJUDGED and DECREED that due to event of default on the Note, U.S. Bank, or its successors or assigns, may enforce its Security Instrument against the Property through non-judicial foreclosure of the Property as provided in the Security Instrument and §51.002 of the Texas Property Code.

IT IS FURTHER ORDERED, ADJUDGED and DECREED that U.S. Bank may further communicate with Third-Party Defendant, and all third parties reasonably necessary to conduct the foreclosure sale.

IT IS FURTHER ORDERED, ADJUDGED and DECREED that all costs are to be taxed against Third-Party Defendant.

IT IS FURTHER ORDERED, ADJUDGED and DECREED that U.S. Bank is awarded attorney’s fees and costs pursuant to the terms of the deed of trust.

IT IS FINALLY ORDERED, ADJUDGED, and DECREED that this is an interlocutory judgment, disposing of all claims against Joyce M. Gordon. The Plaintiff’s claims against U.S. Bank and U.S. Bank’s claims against Plaintiff remain pending.

It is so ORDERED.

SIGNED this 29th day of April, 2022.

 

 

 

FRED BIERY
US DISTRICT JUDGE AND ALAMO KEEPER

U.S. District Court [LIVE]
Western District of Texas (San Antonio)
CIVIL DOCKET FOR CASE #: 5:22-cv-00044-FB

Keith R. Gordon v. U.S. Bank Trust National Association as Trustee of CMSI-REMIC 2007-09 REMIC Pass Through Certificates Series 2007-09, et al
Assigned to: Judge Fred Biery

Case in other court:  218th Judicial District, Wilson County, Texas, CVW2100806

Cause: 28:1441 Petition for Removal – Foreclosure

Date Filed: 01/20/2022
Date Terminated: 04/29/2022
Jury Demand: None
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity
Plaintiff
Keith R. Gordon represented by Robert Clarence Newark , III
Newark Law Offices
1341 W. Mockingbird Lane Ste 600W
Dallas, TX 75246
866-230-7236
Fax: 888-316-3398
Email: office@newarkfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
U.S. Bank Trust National Association as Trustee of CMSI-REMIC 2007-09 REMIC Pass Through Certificates Series 2007-09 represented by Shelley L. Hopkins
Hopkins Law, PLLC
3 Lakeway Centre Ct.
Suite 110
Austin, TX 78734
512-600-4320
Email: shelley@hopkinslawtexas.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDCrystal Gee Gibson
Barrett Daffin Frappier Turner & Engel, LLP
4004 Belt Line Road, Suite 100
Addison, TX 75001
(972) 386-5040
Fax: (972) 341-0734
Email: crystalR@bdfgroup.com
ATTORNEY TO BE NOTICED
Defendant
Cenlar FSB represented by Shelley L. Hopkins
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDCrystal Gee Gibson
(See above for address)
ATTORNEY TO BE NOTICED
Third Party Plaintiff
U.S. Bank Trust National Association as Trustee of CMSI-REMIC 2007-09 REMIC Pass Through Certificates Series 2007-09 represented by Crystal Gee Gibson
(See above for address)
ATTORNEY TO BE NOTICED
V.
Third Party Defendant
Joyce M. Gordon
Counter Plaintiff
U.S. Bank Trust National Association as Trustee of CMSI-REMIC 2007-09 REMIC Pass Through Certificates Series 2007-09 represented by Crystal Gee Gibson
(See above for address)
ATTORNEY TO BE NOTICED
V.
Counter Defendant
Keith R. Gordon represented by Robert Clarence Newark , III
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

Date Filed # Docket Text
01/20/2022 1 NOTICE OF REMOVAL by Cenlar FSB, U.S. Bank Trust National Association as Trustee of CMSI-REMIC 2007-09 REMIC Pass Through Certificates Series 2007-09 (Filing fee $402 receipt number 0542-15631858), filed by Cenlar FSB, U.S. Bank Trust National Association as Trustee of CMSI-REMIC 2007-09 REMIC Pass Through Certificates Series 2007-09. (Attachments: # 1 Civil Cover Sheet Ex A, # 2 Supplement Civil Cover Sheet Ex B, # 3 Exhibit C, # 4 Exhibit D-State Court Pleadings, # 5 Exhibit E-Wilson Co CAD)(Gibson, Crystal) (Entered: 01/20/2022)
01/20/2022 2 Certificate of Interested Parties and Defendant’s Disclosure Statement by Cenlar FSB, U.S. Bank Trust National Association as Trustee of CMSI-REMIC 2007-09 REMIC Pass Through Certificates Series 2007-09. (Gibson, Crystal) (Entered: 01/20/2022)
01/21/2022 3 COUNTERCLAIM against Keith R. Gordon, filed by U.S. Bank Trust National Association as Trustee of CMSI-REMIC 2007-09 REMIC Pass Through Certificates Series 2007-09. (Attachments: # 1 Exhibit A-Note, # 2 Exhibit B-Deed of Trust, # 3 Exhibit C-Assignments, # 4 Exhibit D-Notice of Default and Proof of Mailings, # 5 Exhibit E-736 Application)(Gibson, Crystal) (Entered: 01/21/2022)
01/21/2022 4 REQUEST FOR ISSUANCE OF SUMMONS by U.S. Bank Trust National Association as Trustee of CMSI-REMIC 2007-09 REMIC Pass Through Certificates Series 2007-09. for Joyce M. Gordon (Gibson, Crystal) (Entered: 01/21/2022)
01/26/2022 5 Order for Scheduling Recommendations/Proposed Scheduling Order. Scheduling recommendations/proposed scheduling order due to the Court within sixty (60) days after the appearance of any defendant., Notice of right to consent to disposition of a civil case by a U.S. Magistrate Judge.. Signed by Judge Fred Biery. (wg) (Entered: 01/26/2022)
01/26/2022 6 COURT ADVISORY CONCERNING DISCOVERY. Signed by Judge Fred Biery. (wg) (Entered: 01/26/2022)
01/26/2022 7 ORDER REFERRING CASE to Magistrate Judge Henry J. Bemporad. Signed by Judge Fred Biery. (wg) (Entered: 01/26/2022)
01/26/2022 8 Summons Issued as to Joyce M. Gordon. (rg) (Entered: 01/26/2022)
01/26/2022 9 ORDER SETTING TELEPHONIC INITIAL PRETRIAL CONFERENCE (Consent to Trial by Magistrate due by 3/22/2022, Telephonic Initial Pretrial Conference set for 3/25/2022 2:30 PM before Judge Henry J. Bemporad). Signed by Judge Fred Biery. (rg) (Entered: 01/26/2022)
02/15/2022 10 SUMMONS Returned Executed by U.S. Bank Trust National Association as Trustee of CMSI-REMIC 2007-09 REMIC Pass Through Certificates Series 2007-09. Joyce M. Gordon served on 2/5/2022, answer due 2/28/2022. (Gibson, Crystal) (Entered: 02/15/2022)
02/22/2022 11 NOTICE of Attorney Appearance by Shelley L. Hopkins on behalf of Cenlar FSB, U.S. Bank Trust National Association as Trustee of CMSI-REMIC 2007-09 REMIC Pass Through Certificates Series 2007-09. Attorney Shelley L. Hopkins added to party Cenlar FSB(pty:dft), Attorney Shelley L. Hopkins added to party U.S. Bank Trust National Association as Trustee of CMSI-REMIC 2007-09 REMIC Pass Through Certificates Series 2007-09(pty:dft) (Hopkins, Shelley) (Entered: 02/22/2022)
03/03/2022 12 ORDER (Resetting Telephonic Initial Pretrial Conference for 3/28/2022 2:30 PM before Judge Henry J. Bemporad). Signed by Judge Henry J. Bemporad. (rg) (Entered: 03/03/2022)
03/07/2022 13 SECOND ORDER (Resetting Telephonic Initial Pretrial Conference for 3/31/2022 3:30 PM before Judge Henry J. Bemporad). Signed by Judge Henry J. Bemporad. (rg) (Entered: 03/08/2022)
03/14/2022 14 MOTION for Default Judgment against Third Party Defendant Joyce M. Gordon by U.S. Bank Trust National Association as Trustee of CMSI-REMIC 2007-09 REMIC Pass Through Certificates Series 2007-09. (Attachments: # 1 Supplement Request for Clerk’s Entry of Default, # 2 Exhibit A-Declaration of Shelley Hopkins, # 3 Exhibit A-1-SCRA affidavit, # 4 Proposed Order Default Judgment, # 5 Proposed Order Clerk’s Entry of Default). Motions referred to Judge Henry J. Bemporad. (Hopkins, Shelley) (Entered: 03/14/2022)
03/14/2022 24 MOTION for Clerk’s Entry of Default against Joyce M. Gordon by U.S. Bank Trust National Association as Trustee of CMSI-REMIC 2007-09 REMIC Pass Through Certificates Series 2007-09. (rg) (Entered: 04/29/2022)
03/14/2022 25 Clerk’s ENTRY OF DEFAULT as to Joyce M. Gordon. (rg) (Entered: 04/29/2022)
03/21/2022 15 CONSENT to Trial by US Magistrate Judge by Cenlar FSB, U.S. Bank Trust National Association as Trustee of CMSI-REMIC 2007-09 REMIC Pass Through Certificates Series 2007-09. (Hopkins, Shelley) (Entered: 03/21/2022)
03/22/2022 16 Rule 26(f) Discovery Report/Case Management Plan by Cenlar FSB, U.S. Bank Trust National Association as Trustee of CMSI-REMIC 2007-09 REMIC Pass Through Certificates Series 2007-09. (Hopkins, Shelley) (Entered: 03/22/2022)
03/22/2022 17 Scheduling Recommendations by Cenlar FSB, U.S. Bank Trust National Association as Trustee of CMSI-REMIC 2007-09 REMIC Pass Through Certificates Series 2007-09. (Hopkins, Shelley) (Entered: 03/22/2022)
03/23/2022 18 Scheduling Recommendations Amended by Cenlar FSB, U.S. Bank Trust National Association as Trustee of CMSI-REMIC 2007-09 REMIC Pass Through Certificates Series 2007-09. (Hopkins, Shelley) (Entered: 03/23/2022)
03/28/2022 19 ORDER RESETTING TIME OF INITIAL PRETRIAL CONFERENCE (Resetting Initial Pretrial Conference for 3/31/2022 2:00 PM before Judge Henry J. Bemporad). Signed by Judge Henry J. Bemporad. (rg) (Entered: 03/29/2022)
03/31/2022 20 Minute Entry for proceedings held before Judge Henry J. Bemporad: Initial Pretrial Conference held on 3/31/2022. (Minute entry documents are not available electronically.). (Court Reporter ftr gold.)(rg) (Entered: 03/31/2022)
03/31/2022 21 SCHEDULING ORDER: ADR Report Deadline due by 9/1/2022, ADR Mediation Completed by 12/16/2022, Amended Pleadings due by 7/1/2022, Discovery due by 12/1/2022, Joinder of Parties due by 7/1/2022, Dispositive Motions due by 1/17/2023. Signed by Judge Henry J. Bemporad. (rg) (Entered: 04/01/2022)
04/26/2022 22 MOTION to Enter Agreed Judgment by Cenlar FSB, U.S. Bank Trust National Association as Trustee of CMSI-REMIC 2007-09 REMIC Pass Through Certificates Series 2007-09. (Attachments: # 1 Proposed Order). Motions referred to Judge Henry J. Bemporad. (Hopkins, Shelley) (Entered: 04/26/2022)
04/26/2022 23 ORDERED that this case is RETURNED to the District Court for all purposes. CASE NO LONGER REFERRED to Magistrate Judge Henry J. Bemporad. Signed by Judge Henry J. Bemporad. (rg) (Entered: 04/27/2022)
04/29/2022 26 ORDER GRANTING 14 Motion for Default Judgment as to Joyce M. Gordon. Signed by Judge Fred Biery. (rg) (Entered: 04/29/2022)
04/29/2022 27 AGREED JUDGMENT – ORDERED that U.S. Bank Trust National Association as Trustee of CMSI Remic 2007-09 Remic Pass-Through Certificates Series 2007-09, its successors and assigns (U.S. Bank) is entitled to proceed with the foreclosure of the property 624 Sunshine Meadow, Adkins, Texas 78101 (the Property) and is more particularly described as:LOT 144, WHISPERING OAKS SUBDIVISION, SECTION TWO, AS SHOWN ON PLAT RECORDED AT VOLUME 6, PAGES 64-66 OF THE PLAT RECORDS OF WILSON COUNTY, TEXAS. Signed by Judge Fred Biery. (rg) (Entered: 04/29/2022)

 


 

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LIT Assumes Someone of Authority in Texas is Assuring Newark he Can Violate Texas Laws

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Two-Faced Texas Foreclosure Defense Lawyer Robert Newark is a Real Scumbag

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Kacey Wagner’s Home is Bein’ Hitched by Akerman Over to Federal Court in Galveston, Texas

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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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