Easley v. HSBC Bank USA, National Association
as Indenture Trustee of the FBR Securitization Trust 2005-2, Callable Mortgage-Backed Notes, Series 2005-2
(4:22-cv-00945)
District Court, N.D. Texas
NOV 23, 2022 | REPUBLISHED BY LIT: JUL 4, 2024
JUL 4, 2024
Above is the date LIT Last updated this article.
Date: 8/4/2022
From: Gary Easley <garyeasley55@gmail.com>
Subject: Your opinion
Message Body:
I’m a long time ongoing victim of the same Dallas foreclosure mill, surviving 15 foreclosure filing to date, always involved in some kind of their turbulence.
Recently using their servicers published records that verified exceeding the Texas 4 Yr Statute of Limits served legal notice receipt return etc.
Six months later a 736 was applied for failing to disclose the legal loans status, after replyng was not informed of the scheduled hearing, it was passed without my voice heard, my obstructed justice turned into negligence causing financial harm having to pay for litigating etc
Question is the Obstruction of my justice and then Tampering
with Evidence intent to cause me financial harm leveraging a victory out of
court settlement.
That’s where I’m going..
Keep this under your hat and if your interested I’ll keep you informed on the side…
I’m a long time reader..and firm believer.
Who investigates those ?
Might rip the seams between the judicial co-conspirators..?
Date: March 20, 2022
From: Gary Easley <garyeasley55@gmail.com>
Subject: 18 years of Barrett Daffin, Turner
Message Body:
They generated an unrelated, unaudited note # 7892 assigned by Mers into my property records to default there without my knowledge on 7-4-07*
Fast tracked the premeditated foreclosure filing of same HSBC assignment note#7892 before the planted default became transferred evidence wire fraud, by authorized, warranted and signed transfer on 7-16-07 by VP Mers Ellis..to HSBC then secularized creating 2 hm equity loans against my property, 7892 w/o legal lein..only original note #6427 has ever had legal interest in Easley property as security instrument..
18 years of relentless Barrett/Daffin fraudlent standing claims need legal representation.
Withheld evidence in 736 filing of tx 4 ye statute of limits per SLS monthly records claiming foreclosure status plus legal notices to Barrett/Daffin of objection of revision of acceleration dated 7-20-21 following 7-11-21 memorialized Tx statute 4 yrs and Notice of Lien Expiration to Barrett etc THEN FILED 736 request…outside legal capacity
..help!
U.S. District Court
Northern District of Texas (Fort Worth)
CIVIL DOCKET FOR CASE #: 4:22-cv-00945-O
| Easley v. HSBC Bank USA, National Association as Indenture Trustee of the FBR Securitization Trust 2005-2, Callable Mortgage-Backed Notes, Series 2005-2 et al Assigned to: Judge Reed C. O’Connor
Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 10/20/2022 Date Terminated: 08/04/2023 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Gary Lee Easley | represented by | John Gannon Helstowski J Gannon Helstowski Law Firm 5209 Heitage Avenue, Suite 510 Colleyville, TX 76034 817-382-3125 Fax: 817-382-1799 Email: jgh@jghfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| HSBC Bank USA, National Association as Indenture Trustee of the FBR Securitization Trust 2005-2, Callable Mortgage-Backed Notes, Series 2005-2 | represented by | Berenice Medellin Pruettiangkura Galloway Johnson Tompkins Burr & Smith 14643 Dallas Parkway Suite 635 Dallas, TX 75254 214-545-6389 Fax: 214-442-7973 Email: bmedellin@gallowaylawfirm.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 TERMINATED: 11/23/2022 LEAD ATTORNEYRobert Davis Forster , II Barrett Daffin Frappier Turner & Engel LLP 15000 Surveyor Blvd Suite 100 Addison, TX 75001 972-340-7948 Fax: 972-341-0734 Email: robertfo@bdfgroup.com TERMINATED: 11/23/2022Branch M Sheppard Galloway Johnson Tompkins Burr & Smith 1301 McKinney Suite 1400 Houston, TX 77010 713-599-0700 Fax: 713-599-0777 Email: bsheppard@gallowaylawfirm.com ATTORNEY TO BE NOTICED |
| Defendant | ||
| Specialized Loan Servicing, LLC its/their successors and/or assigns |
represented by | Berenice Medellin Pruettiangkura (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDRobert Davis Forster , II (See above for address) TERMINATED: 11/23/2022 ATTORNEY TO BE NOTICEDBranch M Sheppard (See above for address) ATTORNEY TO BE NOTICEDShelley L Hopkins (See above for address) TERMINATED: 11/23/2022 ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 10/20/2022 | 1 | NOTICE OF REMOVAL filed by Specialized Loan Servicing, LLC, HSBC Bank USA, National Association as Indenture Trustee of the FBR Securitization Trust 2005-2, Callable Mortgage-Backed Notes, Series 2005-2. (Filing fee $402; receipt number ATXNDC-13240921) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information – Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s), # 2 Cover Sheet, # 3 Cover Sheet Supplement, # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Exhibit(s)) (Hopkins, Shelley) (Entered: 10/20/2022) |
| 10/20/2022 | 2 | New Case Notes: A filing fee has been paid. File to: Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (fba) (Entered: 10/20/2022) |
| 10/25/2022 | 3 | CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Gary Lee Easley. (Clerk QC note: No affiliate entered in ECF). (Helstowski, John) (Entered: 10/25/2022) |
| 10/25/2022 | 4 | ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: The Court enters this Order to promote possible early settlement of this action and to facilitate subsequent entry of a Scheduling Order. Counsel shall prepare and submit a Report Regarding Contents of Scheduling Order (“Joint Report”). The Joint Report shall also include a status report on settlement negotiations but shall not disclose settlement figures.The Joint Report, which shall be filed on or before November 22, 2022. (Ordered by Judge Reed C. O’Connor on 10/25/2022) (tjc) (Entered: 10/26/2022) |
| 10/28/2022 | 5 | MOTION to Substitute Attorney, added attorney Branch M Sheppard,Branch M Sheppard,Branch M Sheppard for Specialized Loan Servicing, LLC,Branch M Sheppard,Branch M Sheppard for HSBC Bank USA, National Association as Indenture Trustee of the FBR Securitization Trust 2005-2, Callable Mortgage-Backed Notes, Series 2005-2. Motion filed by Specialized Loan Servicing, LLC, HSBC Bank USA, National Association as Indenture Trustee of the FBR Securitization Trust 2005-2, Callable Mortgage-Backed Notes, Series 2005-2 Attorney Branch M Sheppard added to party HSBC Bank USA, National Association as Indenture Trustee of the FBR Securitization Trust 2005-2, Callable Mortgage-Backed Notes, Series 2005-2(pty:dft), Attorney Branch M Sheppard added to party Specialized Loan Servicing, LLC(pty:dft) (Sheppard, Branch) (Entered: 10/28/2022) |
| 10/28/2022 | 6 | MOTION to Substitute Attorney, added attorney Branch M Sheppard,Berenice Medellin Pruettiangkura for Specialized Loan Servicing, LLC,Berenice Medellin Pruettiangkura for HSBC Bank USA, National Association as Indenture Trustee of the FBR Securitization Trust 2005-2, Callable Mortgage-Backed Notes, Series 2005-2. Motion filed by Specialized Loan Servicing, LLC, HSBC Bank USA, National Association as Indenture Trustee of the FBR Securitization Trust 2005-2, Callable Mortgage-Backed Notes, Series 2005-2 (Sheppard, Branch) (Entered: 10/28/2022) |
| 10/31/2022 | 7 | ORDER denying 5 Motion to Substitute Counsel and denying 6 Motion to Substitute Counsel. Defendants may renew their motions after conferring with counsel for Plaintiff as required by the local rule. (Ordered by Judge Reed C. O’Connor on 10/31/2022) (fba) (Entered: 10/31/2022) |
| 10/31/2022 | 8 | MOTION to Substitute Attorney, added attorney Branch M Sheppard,Berenice Medellin Pruettiangkura for Specialized Loan Servicing, LLC,Berenice Medellin Pruettiangkura,Branch M Sheppard for HSBC Bank USA, National Association as Indenture Trustee of the FBR Securitization Trust 2005-2, Callable Mortgage-Backed Notes, Series 2005-2. Motion filed by Specialized Loan Servicing, LLC, HSBC Bank USA, National Association as Indenture Trustee of the FBR Securitization Trust 2005-2, Callable Mortgage-Backed Notes, Series 2005-2 (Sheppard, Branch) (Entered: 10/31/2022) |
| 11/22/2022 | 9 | Proposal for contents of scheduling and discovery order by Specialized Loan Servicing, LLC. (Sheppard, Branch) (Entered: 11/22/2022) |
| 11/23/2022 | 10 | ORDER granting 8 Motion to Substitute Attorney. The Court GRANTS Defendants motion to substitute (ECF No. 8 ) and DIRECTS the Clerk of Court to substitute Branch M. Sheppard and Berenice Medellin Pruettiangkura of Galloway Johnson Tompkins Burr & Smith, PLC with Defendants’ counsel of record and to remove counsel of record from the case and party service list. (Ordered by Judge Reed C. O’Connor on 11/23/2022) (tjc) (Entered: 11/23/2022) |
| 11/23/2022 | 11 | SCHEDULING ORDER: This case is set for trial on this Court’s four-week docket beginningFebruary 5, 2024. Counsel and the parties shall be ready for trial on two days’notice at any time during this four-week period. (Ordered by Judge Reed C. O’Connor on 11/23/2022) (tjc) (Entered: 11/23/2022) |
| 08/04/2023 | 12 | Joint STIPULATION OF DISMISSAL With Prejudice by Gary Lee Easley. (Attachments: # 1 Proposed Order) (Helstowski, John) (Entered: 08/04/2023) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 07/04/2024 05:59:33 |
Against All Odds: Elizabeth Callan Received a Mortgage-Free Home from Deutsche Bank @DeutscheBank – Laws In Texas https://t.co/tSwENPzUKK
— lawsinusa (@lawsinusa) June 30, 2024
JOINT STIPULATION OF DISMISSAL WITH PREJUDICE
AUG 4, 2023 | REPUBLISHED BY LIT: JUL 4, 2024
NOW COME the Estate of Gary Lee Easley, deceased (“Plaintiff”) and Defendants HSBC Bank USA, National Association as Indenture Trustee of the FBR Securitization Trust 2005-2, Callable Mortgage-Backed Notes, Series 2005-2 and Specialized Loan Servicing, LLC, its/their successors and/or assigns (“Defendants”) (together with Plaintiff, the “Parties”), and hereby file this their Joint Stipulation of Dismissal With Prejudice and in support thereof would respectfully show unto the Court the following:
1. Plaintiff recently died intestate on January 6, 2023.
Upon his death, Plaintiff’s undersigned counsel was contacted by Plaintiff’s sole living heir-at-law, Glenda Lundgren, who is Plaintiff’s sister who lives in the State of Florida at 718 Riverside Drive, Holly Hills, Florida 32117; and telephone number (386) 679-3113.
Ms. Lundgren advised Plaintiff’s counsel that she does not intend to file any probate or heirship proceeding and that none is necessary.
She further advised that neither she nor the estate are interested in pursuing this civil action on behalf of Plaintiff’s estate, and that it is her intention to sell the property made the subject of this civil action and to pay off the mortgage loan secured by the property in full upon sale.
2. On March 9, 2023, Plaintiff’s sister then sold the subject property and the proceeds of the sale were sufficient to pay the home equity mortgage loan made the subject of this civil action in full.
On March 21, 2023, the Defendants recorded their Deed of Trust Release, Satisfaction, & Discharge, wherein the home equity lien made the subject of this civil action was released.
3. Accordingly, the Parties have agreed to dismiss the above entitled civil case, with prejudice.
4. The Parties also agree that all costs of court and attorney’s fees incurred shall be borne by the party incurring the same.
WHEREFORE, Plaintiff and Defendants hereby jointly request that the Court enter an Order dismissing the above civil case, with prejudice, with each party to bear their own attorney’s fees and costs, and for such other and further relief to which the parties may be justly entitled.
Respectfully submitted,
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