Castrellon v. Mortgage Electronic Registration Systems, as nominee for lender and lender’s successors and assigns (MERS)
(7:22-cv-00196)
District Court, S.D. Texas, Judge Alvarez
JUN 23, 2022 | REPUBLISHED BY LIT: JUL 5, 2022
Gloria Castellron, now Gloria Chapa
Deutsche Bank v. Castrellon, No. 20-40534 (5th Cir. July 12, 2021)
Panel includes; Judges Patrick “no free lunch, no free home” Higginbotham, Edith Jones and Gregg “sometimes we get it right, sometimes we get it wrong” Costa.
Deutsche Bank v. Castrellon, No. 20-40534, at *1 (5th Cir. July 12, 2021) (“Instead, the district court accepted Deutsche Bank’s secondary theory-that Ms. Castrellon’s separate suit tolled the statute of limitations as to the Bank’s foreclosure effort. It is on this narrow basis that we affirm.”)
Chapa has filed the 59(e) today, bang on 28 days and 24 hrs later the Judge issues his order.
It doesn’t look like homeowner Chapa is going to seek a Rule 59(e) or appeal to the Fifth Circuit.
FINAL JUDGMENT
The Court’s September 7, 2022, order dismissed all of Plaintiff Gloria A. Castrellon’s claims with prejudice.1 The Court now renders final judgment in accordance with Federal Rule of Civil Procedure 54. All issues in this case are resolved by the Court’s order. The Court holds that Plaintiff takes nothing by this suit. Each party to bear its own costs. Any relief not expressly granted in this final judgment is hereby DENIED. This case is terminated, and the Clerk of the Court is instructed to close the case.
DONE at McAllen, Texas, this 7th day of September 2022.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (McAllen)
CIVIL DOCKET FOR CASE #: 7:22-cv-00196
| Castrellon v. Mortgage Electronic Registration Systems, as nominee for lender and lender’s successors and assigns (MERS) et al Assigned to: Judge Micaela Alvarez Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 06/23/2022 Date Terminated: 09/07/2022 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 08/03/2022 | 8 | ORDER. Joint Discovery/Case Management Plan due by 9/2/2022. Initial Conference reset for 9/13/2022 at 09:00 AM before Judge Micaela Alvarez. (Signed by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7) (Entered: 08/03/2022) |
| 08/18/2022 | 9 | CERTIFICATE OF INTERESTED PARTIES by Plaintiff, filed.(klopez, 7) (Entered: 08/18/2022) |
| 08/18/2022 | 10 | MOTION for Extension of Time to File a Response by Gloria A Castrellon, filed. Motion Docket Date 9/8/2022. (Attachments: # 1 Proposed Order)(klopez, 7) (Entered: 08/18/2022) |
| 08/19/2022 | 11 | ORDER re 10 MOTION for Extension of Time to File a Response. ( Joint Discovery/Case Management Plan due by 10/7/2022., Responses due by 8/26/2022., Initial Conference reset for 10/18/2022 at 09:00 AM before Judge Micaela Alvarez)(Signed by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7) (Entered: 08/19/2022) |
| 08/26/2022 | 12 | RESPONSE in Opposition to 7 MOTION to Dismiss and Brief in Support, filed by Gloria A Castrellon. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Cont’ Exhibit D, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit G)(JenniferNogueira, 7) (Entered: 08/26/2022) |
| 08/30/2022 | 13 | REPLY in Support of 7 MOTION to Dismiss and Brief in Support, filed by Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-EQ1, Mortgage Electronic Registration Systems, as nominee for lender and lender’s successors and assigns (MERS), Ocwen Loan Servicing, LLC. (Mowrey, Robert) (Entered: 08/30/2022) |
| 09/07/2022 | 14 | OPINION AND ORDER granting 7 MOTION to Dismiss and Brief in Support (Signed by Judge Micaela Alvarez) Parties notified.(SandraSilva, 7) (Entered: 09/07/2022) |
| 09/07/2022 | 15 | FINAL JUDGMENT. Case terminated on 09/07/22(Signed by Judge Micaela Alvarez) Parties notified.(klopez, 7) (Entered: 09/07/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 09/15/2022 09:51:18 |
MOTION to Dismiss and Brief in Support by Deutsche Bank National Trust Company – by Bobby Mowrey (Jul 29)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (McAllen)
CIVIL DOCKET FOR CASE #: 7:22-cv-00196
| Castrellon v. Mortgage Electronic Registration Systems, as nominee for lender and lender’s successors and assigns (MERS) et al Assigned to: Judge Micaela Alvarez Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 06/23/2022 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 07/29/2022 | 7 | MOTION to Dismiss and Brief in Support by Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-EQ1, Mortgage Electronic Registration Systems, as nominee for lender and lender’s successors and assigns (MERS), Ocwen Loan Servicing, LLC, filed. Motion Docket Date 8/19/2022. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Mowrey, Robert) (Entered: 07/29/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 07/30/2022 22:37:25 |
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (McAllen)
CIVIL DOCKET FOR CASE #: 7:22-cv-00196
| Castrellon v. Mortgage Electronic Registration Systems, as nominee for lender and lender’s successors and assigns (MERS) et al Assigned to: Judge Micaela Alvarez Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 06/23/2022 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Plaintiff | ||
| Gloria A Castrellon | represented by | Gloria A Castrellon 17115 N. Eubanks Rd Edinburg, TX 78541 PRO SE |
| V. | ||
| Defendant | ||
| Mortgage Electronic Registration Systems, as nominee for lender and lender’s successors and assigns (MERS) | represented by | Daron L Janis Locke Lord LLP 2200 Ross Ave Ste 2800 Dallas, TX 75201 214-740-8000 Fax: 214-740-8800 Email: djanis@lockelord.com ATTORNEY TO BE NOTICEDRobert T Mowrey Locke Lord LLP 2200 Ross Ave Ste 2800 Dallas, TX 75201-6776 214-740-8000 Fax: 214-740-8800 Email: rmowrey@lockelord.com ATTORNEY TO BE NOTICED |
| Defendant | ||
| Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-EQ1 | represented by | Daron L Janis (See above for address) ATTORNEY TO BE NOTICEDRobert T Mowrey (See above for address) ATTORNEY TO BE NOTICED |
| Defendant | ||
| Ocwen Loan Servicing, LLC | represented by | Daron L Janis (See above for address) ATTORNEY TO BE NOTICEDRobert T Mowrey (See above for address) ATTORNEY TO BE NOTICED |
| Defendant | ||
| Mackie Wolf Zientz & Mann, P.C. | ||
| Date Filed | # | Docket Text |
|---|---|---|
| 06/23/2022 | 1 | NOTICE OF REMOVAL from 93rd Judicial District Court of Hidalgo Co., TX, case number C-2003-22-B (Filing fee $ 402 receipt number ATXSDC-28364061) filed by Ocwen Loan Servicing, LLC, Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-EQ1, Mortgage Electronic Registration Systems, as nominee for lender and lender’s successors and assigns (MERS). (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Errata F)(Mowrey, Robert) (Entered: 06/23/2022) |
| 06/23/2022 | 2 | CORPORATE DISCLOSURE STATEMENT by Mortgage Electronic Registration Systems, as nominee for lender and lender’s successors and assigns (MERS) identifying Intercontinental Exchange, Inc. as Corporate Parent, filed.(Mowrey, Robert) (Entered: 06/23/2022) |
| 06/23/2022 | 3 | CORPORATE DISCLOSURE STATEMENT by Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-EQ1 identifying Deutsche Bank AG as Corporate Parent, filed.(Mowrey, Robert) (Entered: 06/23/2022) |
| 06/23/2022 | 4 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 8/16/2022 at 02:30 PM before Judge Micaela Alvarez(by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7) (Entered: 06/23/2022) |
| 06/23/2022 | 5 | CORPORATE DISCLOSURE STATEMENT by Ocwen Loan Servicing, LLC identifying Ocwen Financial Corporation as Corporate Parent, filed.(Mowrey, Robert) (Entered: 06/23/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 07/05/2022 06:51:12 |
The Foreclosure Scam Squad Series: The Villainous Outlaws and Bady Bunch
Unlike the majority of Vilt’s similar cases, this fraudulent conveyance comes with a copy of the Special Warranty Deed.
Another Fiddle at the Fifth Favors Deutsche Bank National Trust Co.
Judge Randy Crane accepted Deutsche Bank’s secondary theory—that Ms. Castrellon’s separate suit tolled the statute of limitations.
A ‘Genuine Dispute’ gets Deutsche Bank a Reprieve
Castrellon brought this lawsuit, saying that agreement was made with Deutsche Bank but they later reneged. That’s fine says the Fifth Circuit, we have no issue with it.
