Bankruptcy

Harris County Criminal Magistrate Judge Sharon Chu aka Muharib’s Bad Faith Bankruptcy Dismissed

Jan. 2024: The judges of Harris County District Courts appointed Sharon Chu Criminal Law Hearing Officer. In federal court, this happened.

LIT UPDATES & COMMENTARY

SEP 16, 2024

Sharon Chu, Texas Lawyer and current spouse to fellow Texas Lawyer Anthony Muharib are in financial strife related to the Muharib family Bail Bond businesses.

This has led to the formal indictment of Sheba Muharib in federal court in mid-July 2024.

Sheba Muharib, the head of the now-defunct Aable Bail Bonds was arrested as part of a massive pre-dawn federal bust that targeted her and a few others. Federal Magistrate judge set her bail at an unsecured amount of $50,000, which allowed her to be released without having to put down any cash. Instead, she promised to return to court for her proceedings.

But here’s the twist: Muharib’s alleged involvement revolves around a bail bond scheme.  The FBI executed this operation after a two-year investigation, and they’ve got a whopping 50 people in custody related to this case.

Now, if things don’t go her way, Muharib could face up to five years in prison and a hefty fine of $250,000 upon conviction.

Sheba Muharib isn’t the only one in the family mix. Her brothers are part of this saga too. While she and one of her brothers lost their ability to write bonds, another brother—Wisam Muharib—retained his license.

We’re not finished. Based on related litigation, the “Bond business” also involves Sharon Chu.

On June 11, 2024, prior to the raid and arrest of his sister, Anthony Muharib filed for divorce. We’re doubtful as to the authenticity of that divorce proceeding. Since filing, it has percolated in Harris County District Court, and notably, only nine days later husband and wife Anthony Muharib and Sharon Chu filed for bankruptcy on the same day, June 20, 2024.

In this update to our earlier articles about the Muharibs’, we’ve discovered that Sharon Chu became a one year “magistrate judge” in state court, effective January 2024 – well before the raid in July. Is this a conflict of interest?

Certainly, there’s much more to the relationships the Muharib family hold with Harris County and Fort Bend government agencies which we’ve touched on in X posts.

Sharon Y. Chu

(24-32845)

United States Bankruptcy Court, S.D. Texas

JUN 20, 2024 | REPUBLISHED BY LIT:  SEP 16, 2024
SEP 16, 2024

Above is the date LIT Last updated this article.

See last page of above pdf, Sharon Chu is listing N Ennis as address, the rental property subject to foreclosure in Chu v Capital Fund I, LLC, which would be dismissed without prejudice in federal court before Judge Hanks on Jun 4, 2024, shortly before filing bankruptcy on Jun 20, 2024.

Order/Courtroom Minutes.

Dismissal with prejudice-180 days.

Related to document 22.

(njc7) (Entered: 09/10/2024)

DEF22c, DEFsch, DEFss, DEFb7, PlnDue, DISMISSED

 

U.S. Bankruptcy Court
Southern District of Texas (Houston)
Bankruptcy Petition #: 24-32845

Assigned to: Bankruptcy Judge Eduardo V Rodriguez
Chapter 13
Voluntary
Asset

 

 

Date filed:   06/20/2024
Debtor dismissed:   09/10/2024
341 meeting:   07/31/2024
Deadline for filing claims:   08/29/2024
Deadline for filing claims (govt.):   12/17/2024

 

Debtor
Sharon Y. Chu
17 Noth Ennis
Houston, TX 77003
HARRIS-TX
SSN / ITIN: xxx-xx-0000
represented by Emil R Sargent
Attorney at Law
2855 Mangum Road
Ste A-569
Houston, TX 77092
713-222-2299
Fax : 713-222.2478
Email: esargent3@gmail.com
Trustee
Tiffany D Castro
Office of Chapter 13 Trustee
9821 Katy Freeway
Ste 590
Houston, TX 77024
713-722-1200
U.S. Trustee
US Trustee
Office of the US Trustee
515 Rusk Ave
Ste 3516
Houston, TX 77002
713-718-4650

 

Filing Date # Docket Text
06/20/2024 1
(13 pgs)
Chapter 13 Voluntary Petition Individual . Fee Amount $313 Filed by Sharon Y. Chu. (Sargent, Emil) (Entered: 06/20/2024)
06/20/2024 2
(1 pg)
Certificate of Credit Counseling (Filed By Sharon Y. Chu ). (Sargent, Emil) (Entered: 06/20/2024)
06/24/2024 3
(2 pgs)
Notice of Appearance and Request for Notice Filed by Susan R. Fuertes Filed by on behalf of Harris County, ATTN: Property Tax Division (Fuertes, Susan) (Entered: 06/24/2024)
06/25/2024 4
(5 pgs)
Order: Possible Future Dismissal of Case. Court advises that 11 U.S.C. Section 521(i) requires automatic dismissal if information required by Section 521(a)(1) is not filed. Signed on 6/25/2024 (bli4) (Entered: 06/25/2024)
06/25/2024 5
(4 pgs)
Initial Case Management Order, Initial Order on Debtor’s Responsibilities, and Order Authorizing Use of Vehicles Pursuant to 363 and Providing Adequate Protection. Signed on 6/25/2024 (bli4) (Entered: 06/25/2024)
06/27/2024 6
(2 pgs)
Notice of Chapter 13 Bankruptcy Case, Meeting of Creditors & Notice of Appointment of Trustee.. 341(a) meeting to be held on 7/31/2024 at 12:30 PM, via Zoom – Castro: Meeting ID 223 248 9512, Passcode 1291903731, Phone 1 346 205 0870. Financial Management Course due:9/16/2024. Last day to object to dischargeability under section 523 is 9/30/2024. Proofs of Claims due by 8/29/2024. Government Proof of Claim due by 12/17/2024. Confirmation Hearing to be held on 9/9/2024 at 03:00 PM at Houston, Courtroom 402 (EVR). Clerk to send Notice on Financial Management Requirement 9/16/2024. (Castro, Tiffany) (Entered: 06/27/2024)
06/27/2024 7
(6 pgs)
BNC Certificate of Mailing. (Related document(s):5 Initial Order for Chapter 13 Case) No. of Notices: 4. Notice Date 06/27/2024. (Admin.) (Entered: 06/27/2024)
06/27/2024 8
(6 pgs)
BNC Certificate of Mailing. (Related document(s):4 Order: Possible Future Dismissal of Case) No. of Notices: 1. Notice Date 06/27/2024. (Admin.) (Entered: 06/27/2024)
06/30/2024 9
(4 pgs)
BNC Certificate of Mailing – Meeting of Creditors. (Related document(s):6 Chapter 13 Meeting of Creditors (batch)) No. of Notices: 5. Notice Date 06/30/2024. (Admin.) (Entered: 06/30/2024)
07/01/2024 10
(2 pgs)
Chapter 13 Trustee’s Notice of Confirmation Hearing and Plan Summary. (Castro, Tiffany) (Entered: 07/01/2024)
07/01/2024 11
(1 pg)
Notice of Appearance and Request for Notice Filed by John P Dillman Filed by on behalf of Houston ISD, Houston Community College System, City of Houston (Dillman, John) (Entered: 07/01/2024)
07/01/2024 12
(2 pgs)
Notice of Appearance and Request for Notice Filed by Bradford Wald Irelan Filed by on behalf of United States Fire Insurance Company (Irelan, Bradford) (Entered: 07/01/2024)
07/04/2024 13
(3 pgs; 2 docs)
Motion to Extend Deadline to File Schedules or Provide Required Information Filed by Debtor Sharon Y. Chu (Attachments: # 1 Proposed Order) (Sargent, Emil) (Entered: 07/04/2024)
07/04/2024 14
(4 pgs)
BNC Certificate of Mailing. (Related document(s):10 Chapter 13 Trustee’s Notice of Confirmation Hearing and Plan Summary) No. of Notices: 4. Notice Date 07/04/2024. (Admin.) (Entered: 07/04/2024)
07/09/2024 15
(1 pg)
Order Granting Motion To Extend Deadline to File Schedules or Provide Required Information (Related Doc # 13) Signed on 7/9/2024. (njc7) (Entered: 07/09/2024)
07/10/2024 16
(1 pg)
Order/Courtroom Minutes. Reset confirmation. Before Judge Rodriguez, Eduardo V. Related to document 6. Reset to 09/10/2024 at 03:00PM. Matter re-set. (amc7) (Entered: 07/10/2024)
07/11/2024 17
(3 pgs)
BNC Certificate of Mailing. (Related document(s):15 Order on Motion to Extend Deadline to File Schedules) No. of Notices: 4. Notice Date 07/11/2024. (Admin.) (Entered: 07/11/2024)
07/12/2024 18
(3 pgs)
BNC Certificate of Mailing. (Related document(s):16 Courtroom Minutes/Order – R1 MI DJ ER JN CL) No. of Notices: 2. Notice Date 07/12/2024. (Admin.) (Entered: 07/12/2024)
07/17/2024 19
(2 pgs)
Notice of Appearance and Request for Notice Filed by Damian W Abreo Filed by on behalf of United States Fire Insurance Company (Abreo, Damian) (Entered: 07/17/2024)
08/01/2024 20 Meeting of Creditors Held – Trustee Does Not Recommend Confirmation of the plan filed on PLAN NOT FILED, document number PLAN NOT FILED. Debtor DID NOT APPEAR. Meeting NOT CONCLUDED . (Related document(s):6 Chapter 13 Meeting of Creditors (batch)) (Castro, Tiffany) (Entered: 08/01/2024)
08/01/2024 21
(4 pgs)
Chapter 13 Trustee’s Motion to Dismiss Case . Hearing scheduled for 9/10/2024 at 1:30 PM. (Castro, Tiffany) (Entered: 08/01/2024)
08/26/2024 22
(1 pg)
Order/Courtroom Minutes. Reset dismissal. Before Judge Rodriguez, Eduardo V. Related to document 21. Reset to 09/10/2024 at 03:00PM. (amc7) (Entered: 08/26/2024)
08/28/2024 23
(3 pgs)
BNC Certificate of Mailing. (Related document(s):22 Courtroom Minutes/Order – R6 MI DJ ER JN CL) No. of Notices: 1. Notice Date 08/28/2024. (Admin.) (Entered: 08/28/2024)
09/10/2024 24
(1 pg)
Response of No Opposition to Confirmation of Chapter 13 Plan and Motion to Dismiss or Convert to Chapter 7. Filed by Sharon Y. Chu (Sargent, Emil) (Entered: 09/10/2024)
09/10/2024 25 Miscellaneous action by court. Related to document 16. Cristina Rodriguez for Tiffany Castro, Chapter 13 Trustee. Emil Sargent for Debtor. Case dismissed with prejudice. (njc7) (Entered: 09/10/2024)
09/10/2024 26
(2 pgs)
Order/Courtroom Minutes. Dismissal with prejudice-180 days. Related to document 22. (njc7) (Entered: 09/10/2024)
09/12/2024 27
(4 pgs)
BNC Certificate of Mailing. (Related document(s):26 Courtroom Minutes/Order – D2 MI ER JN – D4 DJ CL) No. of Notices: 2. Notice Date 09/12/2024. (Admin.) (Entered: 09/12/2024)

 


 

PACER Service Center
Transaction Receipt
09/14/2024 18:18:52

Notice of Appearance and Request for Notice Filed by Damian W Abreo Filed by on behalf of United States Fire Insurance Company (Abreo, Damian) (Entered: 07/17/2024)

Case (Cause) Number Style File Date Court Status Type Of Action / Offense
250982601010- 2
Pending Completion of Probation(R)
The State of Texas vs. AGUILAR, MIGUEL (SPN: 03240854) (DOB: 01/27/1983) 5/12/2024 5 Defendant: Probation(P)
Disposition: Probation(PROB)
DWI 1ST OFFENDER BAC>=0.15 (M) eSubpoena
182415901010- 3
Active – CRIMINAL(A)
The State of Texas vs.
HUGHES, JADEN AVERY (SPN: 03198149) (DOB: 05/11/2005)
6/17/2023 337 Defendant: Bond Made(B)
Disposition:
EVADING ARREST / DETENTION W / VEHICLE (F) eSubpoena
245102101010- 2
Complete(C)
The State of Texas vs. BRIGGS, STEPHEN MATTHEW (SPN: 02149094) (DOB: 03/06/1984) 3/24/2023 4 Defendant: Disposed(D)
Disposition: Disposed(DISP)
RESIST ARR-SEARCH (M) eSubpoena
236389001010- 2
Dismissed(D)
The State of Texas vs.
BARNES, JERMARQUES MARQUETTE (SPN: 02029320) (DOB: 04/20/1980)
6/20/2021 7 Defendant: Disposed(D)
Disposition: Dismissed(DISM)
ASSAULT-FAMILY MEMBER (M) eSubpoena
170005901010- 3
Complete(C)
The State of Texas vs. BARNES, JERMARQUES MARQUETTE (SPN: 02029320) (DOB: 04/20/1980) 11/30/2020 177 Defendant: Disposed(D)
Disposition: Disposed(DISP)
FAIL TO REGISTER AS SEX OFFENDER (F) eSubpoena
233283601010- 2
Complete(C)
The State of Texas vs.
FRANK, DEREK SHANE (SPN: 03073925) (DOB: 06/23/2002)
11/12/2020 9 Defendant: Disposed(D)
Disposition: Unsatisfactory Termination of Probation(USTP)
RESIST ARR-SEARCH (M) eSubpoena
233283701010- 2
Dismissed(D)
The State of Texas vs. FRANK, DEREK SHANE (SPN: 03073925) (DOB: 06/23/2002) 11/12/2020 9 Defendant: Disposed(D)
Disposition: Dismissed(DISM)
FLEEING / ATT ELUDE POLICE OFF (M) eSubpoena
233160401010- 2
Complete(C)
The State of Texas vs.
SIMPSON, BRANDON MALONE (SPN: 03072405) (DOB: 05/18/1993)
11/2/2020 10 Defendant: Disposed(D)
Disposition: Disposed(DISP)
DRIVING WHILE INTOXICATED (M) eSubpoena
232459001010- 2
Dismissed(D)
The State of Texas vs. BARNES, JERMARQUES (SPN: 02029320) (DOB: 04/20/1980) 9/6/2020 7 Defendant: Disposed(D)
Disposition: Dismissed(DISM)
ASSAULT-FAMILY MEMBER (M) eSubpoena
232459101010- 2
Dismissed(D)
The State of Texas vs.
BARNES, JERMARQUES (SPN: 02029320) (DOB: 04/20/1980)
9/6/2020 7 Defendant: Disposed(D)
Disposition: Dismissed(DISM)
RESIST ARR-SEARCH (M) eSubpoena
231510101010- 2
Complete(C)
The State of Texas vs. PECK, NAIOSHA KENNEE (SPN: 03058780) (DOB: 03/25/2000) 6/12/2020 5 Defendant: Disposed(D)
Disposition: Disposed(DISP)
ASSAULT-FAMILY MEMBER (M) eSubpoena
231510201010- 2
Dismissed(D)
The State of Texas vs.
PECK, NAIOSHA KENNEE (SPN: 03058780) (DOB: 03/25/2000)
6/12/2020 5 Defendant: Disposed(D)
Disposition: Dismissed(DISM)
ASSAULT-BODILY INJURY (M) eSubpoena
228585301010- 2
Complete(C)
The State of Texas vs. SANDERS, BRAYAN HUEZALE (SPN: 01185615) (DOB: 12/16/1971) 11/10/2019 7 Defendant: Disposed(D)
Disposition: Disposed(DISP)
DWI 2ND (M) eSubpoena
228585901010- 2
Dismissed(D)
The State of Texas vs.
SANDERS, BRAYAN HUEZALE (SPN: 01185615) (DOB: 12/16/1971)
11/10/2019 7 Defendant: Disposed(D)
Disposition: Dismissed(DISM)
INTERFERE DUTIES PUB SERVANT (M) eSubpoena
162804101010- 3
Complete(C)
The State of Texas vs. BROWN, AARON (SPN: 02589273) (DOB: 10/10/1994) 4/14/2019 338 Defendant: Disposed(D)
Disposition: Disposed(DISP)
TAMPER GOVT RECORD-HARM (F) eSubpoena
224452101010- 2
Complete(C)
The State of Texas vs.
MALBROUGH, MELISSA (SPN: 02982890) (DOB: 07/25/1995)
1/28/2019 2 Defendant: Temporary(T)
Disposition: Found Not Guilty(NOTG)
ASSAULT-FAMILY MEMBER (M) eSubpoena
221689101010- 2
Complete(C)
The State of Texas vs. VALDEZ, VICTOR LEODEGARIO (SPN: 02903376) (DOB: 09/24/1990) 7/27/2018 4 Defendant: Disposed(D)
Disposition: Disposed(DISP)
DRIVING WHILE INTOXICATED (M) eSubpoena
221554301010- 2
Complete(C)
The State of Texas vs.
VALDEZ, VICTOR LEODEGARIO (SPN: 02903376) (DOB: 09/24/1990)
7/18/2018 4 Defendant: Disposed(D)
Disposition: Disposed(DISP)
DRIVING WHILE INTOXICATED (M) eSubpoena
211378201010- 2
Dismissed(D)
The State of Texas vs. JOHNSON, DARRELL (SPN: 02854713) (DOB: 01/02/1993) 9/28/2016 14 Defendant: Disposed(D)
Disposition: Dismissed(DISM)
RACING ON HIGHWAY (M) eSubpoena
151740401010- 3
Complete(C)
The State of Texas vs.
JOSEPH, NATHANIEL ANDREW (SPN: 02434810) (DOB: 02/21/1990)
7/19/2016 180 Defendant: Disposed(D)
Disposition: Disposed(DISP)
DEADLY CONDUCT (M) eSubpoena
209789301010- 2
Dismissed(D)
The State of Texas vs. RODRIGUEZ, LUIS ENRIQUE (SPN: 02858382) (DOB: 03/26/1990) 6/21/2016 11 Defendant: Disposed(D)
Disposition: Dismissed(DISM)
PROSTITUTION NONPUBLIC PAY FEE (M) eSubpoena
150611301010- 3
Complete(C)
The State of Texas vs.
JONES, DAVION DA’SHAWN (SPN: 02838847) (DOB: 11/10/1998)
4/12/2016 185 Defendant: Disposed(D)
Disposition: Disposed(DISP)
BURGLARY OF HABITATION (F) eSubpoena
150289301010- 3
Dismissed(D)
The State of Texas vs. JONES, DAVION (SPN: 02838847) (DOB: 11/10/1998) 3/16/2016 185 Defendant: Disposed(D)
Disposition: Dismissed(DISM)
AGG ASSAULT W / DEADLY WEAPON (F) eSubpoena
207690401010- 2
Dismissed(D)
The State of Texas vs.
JONES, DAVION (SPN: 02838847) (DOB: 11/10/1998)
2/26/2016 6 Defendant: Disposed(D)
Disposition: Dismissed(DISM)
POSS MARIJUANA UNDER 2 OZ (HSC) (M)

Sharon Y. Chu

Appointed Harris County Criminal Law Officer (aka Magistrate Judge)

JUN 20, 2024 | REPUBLISHED BY LIT:  SEP 16, 2024
SEP 15, 2024

Above is the date LIT Last updated this article.

Chu v. Capital Fund I, LLC

(4:24-cv-00880)

District Court, S.D. Texas, Judge George Hanks, Jr.

MAR 15 25, APR 4 23, MAY 14,
SEP 16, 2024

No movement as at Apr. 23 since last update.

This petition is super-inaccurate, but that’s nothin’ new when Bandit Erick Delarogue is retained.

In a remarkable turnaround, Chu’s finances allow the case to be dismissed without prejudice according to foreclosure mill Jack O’Boyle and her husband’s Range Rover appears to be still parked in the Ivanhoe St. driveway.

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons.

Initial Conference set for 7/10/2024 at 09:00 AM by video before Magistrate Judge Andrew M Edison.

(Signed by Judge George C Hanks, Jr) Parties notified.(HeatherCarr, 4) (Entered: 03/11/2024)

STANDING PROTECTIVE ORDER.

(Signed by Judge George C Hanks, Jr) Parties notified.

(ByronThomas, 4) (Entered: 03/18/2024)

Jack O’Boyle takes Sharon Chu and Delarue to the Feds in Robes.

It’s randomly assigned to Judge Hanks.

Maybe he’ll arrange a loan modification like his colleague does for distressed homeowners – Judge Al Bennett.

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:24-cv-00880

Chu v. Capital Fund I, LLC
Assigned to: Judge George C Hanks, Jr
Demand: $75,000

Case in other court:  281st District Court Harris County, 24-13757

Cause: 12:191 Bank Foreclosure

Date Filed: 03/10/2024
Jury Demand: None
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity
Plaintiff
Sharon Chu represented by Erick Joseph DeLaRue
Law Office of Erick DeLaRue, PLLC
2800 Post Oak Boulevard
Suite 4100
Houston, TX 77056
713-899-6727
Email: erick.delarue@delaruelaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
Capital Fund I, LLC represented by Travis Hegar Gray
Jack O’Boyle & Assoc
PO Box 815369
Dallas, TX 75381
972-247-0653
Email: ecf@jackoboyle.com
ATTORNEY TO BE NOTICED

 

Date Filed # Docket Text
03/10/2024 1 NOTICE OF REMOVAL from 281ST DISTRICT COURT, HARRIS COUNTY, TEXAS, case number 2024-13757 (Filing fee $ 405 receipt number ATXSDC-31308647) filed by CAPITAL FUND I, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Gray, Travis) (Entered: 03/10/2024)
03/10/2024 2 CERTIFICATE OF INTERESTED PARTIES by CAPITAL FUND I, LLC, filed.(Gray, Travis) (Entered: 03/10/2024)
03/11/2024 3 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 7/10/2024 at 09:00 AM by video before Magistrate Judge Andrew M Edison. (Signed by Judge George C Hanks, Jr) Parties notified.(HeatherCarr, 4) (Entered: 03/11/2024)
03/16/2024 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Capital Fund I, LLC, filed. Motion Docket Date 4/8/2024. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Proposed Order)(Gray, Travis) (Entered: 03/16/2024)
03/16/2024 5 NOTICE CERTIFICATE OF SERVICE IN A REMOVED ACTION OF DKT 03 by Capital Fund I, LLC, filed. (Attachments: # 1 Exhibit A)(Gray, Travis) (Entered: 03/16/2024)
03/16/2024 6 INITIAL DISCLOSURES by Capital Fund I, LLC, filed.(Gray, Travis) (Entered: 03/16/2024)
03/18/2024 7 ORDER Striking Document re: 4 Motion to Dismiss for Failure to State a Claim filed by Capital Fund I, LLC. The motion does not comply with the Courts Procedures section 6(B), regarding pre-motion conferences required for particular motions. (Signed by Judge George C Hanks, Jr) Parties notified. (ByronThomas, 4) (Entered: 03/18/2024)
03/18/2024 8 ORDER on Initial Discovery Protocols for Residential Mortgage Cases. (Signed by Judge George C Hanks, Jr) Parties notified. (ByronThomas, 4) (Entered: 03/18/2024)
03/18/2024 9 STANDING PROTECTIVE ORDER. (Signed by Judge George C Hanks, Jr) Parties notified. (ByronThomas, 4) (Entered: 03/18/2024)

 


 

PACER Service Center
Transaction Receipt
04/04/2024 19:19:49

202413757 –

CHU, SHARON vs. CAPITAL FUND I, LLC

 (Court 281, JUDGE CHRISTINE WEEMS)

MAR 4, 2024 | REPUBLISHED BY LIT: MAR 5, 2024
MAR 5, SEP 16, 2024

This petition is super-inaccurate, but that’s nothin’ new when Bandit Erick Delarogue is retained.

Notice of Filing of Notice of Removal to Federal Court

Exhibit A

First Original Answer of Defendant Capital Fund I LLC

SHARON YU-HAO CHU: now renting her rented property during divorce and bankruptcy, according to recent filings showing Ennis as main address.

SIDE-BY-SIDE CASE COMPARISON (WILLIAMS v. CHU)

Same foreclosure lawyers, same lender, same judge.

Williams v. Capital Fund I, LLC

(4:23-cv-03491)

District Court, S.D. Texas, Judge George Hanks, Jr.

REMOVED: SEP. 16, 2023
APR 4 23, MAY 14, SEP 16, 2024

No movement on The Emergency Motion to Cancel Lis Pendens

LIT’s doin’ a side-by-side comparison.

LIT Notes:

1. Harris County District Court not returning Williams Cases back to Court of Original Jurisdiction, which in this case is Court 164, Judge Thornton.

2. Jack O’Boyle not disclosing all past litigation in their ’emergency’ motion.

3. On June 21, 2024, Magistrate Judge Andrew Edison was appointed to take over by Judge Hanks.

4. HAR shows property sold on June 14, 2024.

5. HCAD Ownership change to DAVARCI ORHUN O

6. RPR Deed Jun 7, 2024 to Davarci, filed Jun. 18, 2024.

7. Lis Pendens. (2/14/2024)

TO THE HONORABLE COURT

COMES NOW Defendant CAPITAL FUND REIT LLC and respectfully files this Emergency Motion to Cancel Lis Pendens. In support thereof, CAPITAL FUND REIT LLC, respectfully shows the following:

I.                   INTRODUCTION

1.                    Plaintiff’s lawsuit is little more than an improper attempt to contest the foreclosure of Plaintiff’s property by way of a business purpose Note and Deed of Trust.

II.                SUMMARY OF RELEVANT FACTS

2.                  TORRIN   WILLIAMS   AS    MANAGER   FOR    FARMHOUSE    REALTY

1 While Void, the Lis Pendens Williams recorded in the real property records is impacting closing and selling of the Property following foreclosure. In order to facilitate this closing and sale, and due to the nature of this proceeding and the Void Lis Pendens, Movant respectfully requests expedited consideration of this Motion.

PARTNERS LLC, as Grantor, executed a Deed of Trust dated 07/16/20021 to secure payment of loan issued by CAPITAL FUND I, LLC, as Lender, in the original principal sum of $350,000.00 and secured by the real property identified by street address as 5657 FLACK DR, HOUSTON, TX 77081 (the “Subject Property”). (Exhibit 1).

LIT: CURRENTLY FOR SALE ON HAR FOR 60 DAYS AS AT APR 4, 2024

3.                  The Loan was a business purpose Loan and expressly provides that it is no way to be considered a “Consumer Loan.”

(Exhibit 1; Pg. 11 of 12).

4.                  Thereafter the Deed of Trust was assigned to Capital Fund REIT, LLC.

(Exhibit 2).

The Loan went into default and Jack O’Boyle & Associates, PLLC (“JOA”) as foreclosure counsel noticed to be auctioned at a foreclosure sale to be held on 04/04/2023.

(Exhibit 3).

5.                  On 04/04/2023 CAPITAL FUND REIT, LLC purchased the Subject Property at a non-judicial foreclosure sale.

(Exhibit 4).

202326308 – WILLIAMS, TORRIN vs. CAPITAL FUND 1 (Court 164, JUDGE C. ELLIOTT THORNTON) – Filed 04/27/2023 – removed to federal court 05/08/2023

Following its purchase of the Subject Property, CAPITAL FUND REIT, LLC further retained the law firm Jack O’Boyle & Associates, PLLC (“JOA”) to institute forcible detainer proceedings on its behalf.

ON APRIL 7, 2023 – This eviction suit was filed in the Harris County Justice of the Peace Court, Precinct 5, Place 1 under Case Number 235100157881 and against TORRIN WILLIAMS AS MANAGER FOR FARMHOUSE REALTY PARTNERS LLC and/or ALL OCCUPANTS of the Subject Property.

(Exhibit 4).

6.                  The Justice Court’s judgment in this forcible detainer action was then appealed to the County Court at Law to be tried de novo.

(Exhibit 5).

Jun 9, 2023: Capital Fund Reit, LLC vs Torrin Williams, All Occupants 1205916: Judge Jim Kovach, Civil Court at Law No. 2

A trial was held before the presiding HARRIS County Court on 9/12/2023 and upon conclusion thereof the Presiding Judge entered judgment in favor of Plaintiff and awarding to it possession of the Subject Property.

(Exhibit 5).

202360438 – WILLIAMS, TORRIN vs. CAPITAL FUND 1 LLC (Court 189, TAMIKA CRAFT-DEMMING) Filed 09/06/2023 – removed to federal court 09/18/2023

7.                  In response WILLIAMS filed the instant suit complaining of the foreclosure and a non-compliant and ineffective Lis Pendens.

(Exhibit 6).

This Lis Pendens is void and should be expunged by this Court.

202408720 – WILLIAMS, TORRIN vs. CAPITAL FUND 1 LLC (Court 129, JUDGE MICHAEL GOMEZ) Filed – 02/09/2024

III.             DEFENDANT MOVES TO EXPUNGE THE LIS PENDENS

8.                  Plaintiff’s entire lawsuit seems to be nothing more than an insincere attempt to prevent the foreclosure sale of the Subject Property. Having not prevented the foreclosure sale and then being a party to the post-foreclosure eviction matter, the Plaintiff improperly filed a Lis Pendens whose sole purpose is to cloud title.

Plaintiff’s Lis Pendens is void and improper for the reasons explained below and should be expunged by this Court.

A.                 LEGAL STAND FOR CREATING AND EXPUNGING A LIS PENDENS

9.             A Lis Pendens is a notice of litigation, placed in the real property records, asserting an interest in the property, and notifying third parties that ownership of the property is disputed.

In re Miller, 433 S.W.3d 82, 84 (Tex.App.—Houston [1st Dist.] 2014, orig. proceeding).

The doctrine is codified in Property Code section 12.007(a).

10.              The notice must contain certain information, including the style and cause number of the proceedings, the court in which it is pending, the names of the parties, identification of the kind of proceedings, and a description of the property affected.

Tex. Prop. Code Ann. § 12.007(b).

In re Rescue Concepts, Inc., 498 S.W.3d 190, 193 (Tex. App. 2016).

11.              A notice of Lis Pendens may be expunged, however, if certain procedures are followed and the trial court determines that the party filing the notice either (1) has not pleaded a real-property claim or (2) has not demonstrated the probable validity of the claim. Id.

B.                 PLAINTIFF DID NOT COMPLY WITH NOTICE REQUIREMENTS

i.                    Plaintiff did not name all the parties and failed to correctly identify the underling proceeding as required by the Rules

12.              The Lis Pendens did not name all parties to the lawsuit as required by Texas Property Code Section 12.007(b), did not name the case number or identify fully the correct Court.

Additionally, the Lis Pendens names two parties not a party to the suit – the Justice Court Judge and County Court Judge who presided over the post-foreclosure forcible detainer suit filed against Plaintiff and/or All Occupants of the Property.

ii.                  Plaintiff did not send copy to parties

13.              The Plaintiff did not send a copy of the Lis Pendens to Defendants as required by Texas Property Code Section 12.007(d).2

14.              If a party fails to comply with the requirements for establishing a valid Lis Pendens, then the party against whom the Lis Pendens was filed may have it expunged. See Texas Property Code 12.0071(c).3

C.                PLAINTIFF DID NOT PLEAD A REAL PROPERTY CLAIM

15.              Texas Property Code Section 12.0071 (c) requires that a trial court “shall” expunge a Lis Pendens if the pleading on which the notice is based does not have a real property claim. Id.

16.              Plaintiff’s original petition lists alleged cause of action under 18 U.S.C. 241, 18 U.S.C. 242, Violation of the IRS Code and Deprivation of Rights.

17.              The petition does not address the elements of the Plaintiff’s purported property claim, nor does it adduce facts in support of the purported claim. Conclusory statements, even if

2 “(d) Not later than the third day after the date a person files a notice for record under this section, the person must serve a copy of the notice on each party to the action who has an interest in the real property affected by the notice.” Tex. Prop. Code §12.007 (d).

3  “A trial court “shall” expunge the Lis Pendens if: (1) the pleading on which the notice is based does not contain a real property claim; (2) the claimant fails to establish by a preponderance of the evidence the probable validity of the real property claim; or (3) the person who filed the notice for record did not serve a copy of the notice on each party entitled to a copy under Section 12.007(d).” Tex. Prop. Code § 12.0071(c).

sworn, “are insufficient to establish the existence of a fact.”

Lenoir v. Marino, 469 S.W.3d 669, 686 (Tex. App. — Houston [1st Dist.] 2015), aff’d, Marino v. Lenoir, No. 15-0610, 526 S.W.3d 403, 2017 WL 1553095 (Tex. Apr. 28, 2017).

A statement is conclusory if it provides no facts to support its conclusion.

Lenoir 469 S.W.3d at 686.

18.              Moreover, Plaintiff’s failure to plead a cognizable property claim cannot be cured because the relief the relief Plaintiff sought has subsequently been rendered moot by the 3/07/2023 foreclosure sale.

D.                PLAINTIFF DID NOT ESTABLISH VALIDITY OF CLAIM

19.              The court still must expunge even if the Court finds that the Plaintiff’s claim is a real property claim.

20.              Texas Property Code section 12.0071(c) requires the trial court to order a notice of Lis Pendens expunged if the court determines that the claimant fails to establish by a preponderance of the evidence the probable validity of the real property claim.

While the trial court may determine the sufficiency of the evidence, it has no discretion if the claimant provides no evidence.

21.              All of Plaintiff’s allegations that can any in way be connected to a real property claim, are predicated on Defendants allegedly failing to have the requisite authority to foreclosure and allegedly failing to provide Plaintiff with the predicate foreclosure notices.

22.              Here, the Plaintiff has submitted no evidence that proves the probable validity of its purported real property claim by the preponderance of the evidence standard required by the Texas Property Code.

Accordingly, Plaintiff has failed to meet its burden of proof.

IV.             CONCLUSION & PRAYER

The Notice of Lis Pendens filed by WILLIAMS in the real property records of HARRIS County, Texas at Instrument Doc# RP-2024-51113 is void and should be immediately cancelled by the Court.

Accordingly, Defendant herein respectfully request that the Court immediately cancel the Notice of Lis Pendens attached to this motion as Exhibit 6.

Respectfully Submitted,

JACK O’BOYLE & ASSOCIATES

/s/ Travis H. Gray

Travis H. Gray
Texas Bar No. 24044965
S.D. Bar No. 1115733
P.O. Box 815369
Dallas, TX 75381
P: 972.247-0653
F: 972.247-0642
travis@jackoboyle.com

ATTORNEYS FOR DEFENDANT CAPITAL FUND REIT, LLC

CERTIFICATE OF SERVICE

This is to certify that a true, correct and complete copy of the foregoing document has been served in accordance with the Federal Rules of Civil Procedure on April 4, 2024 to:

Torrin Williams 5657 Flack Drive
Houston, TX 77081 P:832.690.8470
E: legal@farmhouserealtypartners.com
Plaintiff, Pro Se

/s/ Travis H. Gray

Travis H. Gray

Emergency: Cancel Lis Pendens

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:23-cv-03491

Williams v. Capital Fund I, LLC et al
Assigned to: Judge George C Hanks, Jr
Demand: $75,000

Case in other court:  189th District Court, Harris County, TX, 23-60438

Cause: 12:191 Bank Foreclosure

Date Filed: 09/16/2023
Jury Demand: None
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Federal Question
Plaintiff
Torrin Williams represented by Torrin Williams
Farmhouse Partners Inc.
Legal
5657 Flack Drive
Houston, TX 77081
832-690-8470
Email: legal@farmhouserealtypartners.com
PRO SE
V.
Defendant
Capital Fund I, LLC represented by Travis Hegar Gray
Jack O’Boyle & Assoc
PO Box 815369
Dallas, TX 75381
972-247-0653
Email: ecf@jackoboyle.com
ATTORNEY TO BE NOTICED
Defendant
Capital Fund Reit, LLC represented by Travis Hegar Gray
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Travis Gray represented by Travis Hegar Gray
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Jack O’Boyle represented by Travis Hegar Gray
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Jack O’Boyle & Associates, PLLC represented by Travis Hegar Gray
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Jeff Leva represented by Travis Hegar Gray
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Sandy Dasigenis represented by Travis Hegar Gray
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

Date Filed # Docket Text
09/16/2023 1 NOTICE OF REMOVAL from 189th District Court, Harris County, Texas, case number 2023-60438 (Filing fee $ 402 receipt number ATXSDC-30522324) filed by CAPITAL FUND REIT, LLC, CAPITAL FUND I, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Gray, Travis) (Entered: 09/16/2023)
09/16/2023 2 NOTICE NOTICE OF RELATED CASES by CAPITAL FUND I, LLC, filed. (Gray, Travis) (Entered: 09/16/2023)
09/16/2023 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by TRAVIS GRAY, Jack O’Boyle & Associates, PLLC, Jack O’Boyle, filed. Motion Docket Date 10/10/2023. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Proposed Order)(Gray, Travis) (Entered: 09/16/2023)
09/16/2023 4 CERTIFICATE OF INTERESTED PARTIES by CAPITAL FUND I, LLC, CAPITAL FUND REIT, LLC, filed.(Gray, Travis) (Entered: 09/16/2023)
09/17/2023 5 NOTICE OF SERVICE of Mandatory Initial Discovery Responses by CAPITAL FUND I, LLC, CAPITAL FUND REIT, LLC, filed. (Gray, Travis) (Entered: 09/17/2023)
09/17/2023 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by CAPITAL FUND I, LLC, CAPITAL FUND REIT, LLC, Sandy Dasigenis, Jeff Leva, filed. Motion Docket Date 10/10/2023. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Proposed Order)(Gray, Travis) (Entered: 09/17/2023)
09/18/2023 7 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/3/2024 at 09:00 AM by video before Magistrate Judge Andrew M Edison. (Signed by Judge George C Hanks, Jr) Parties notified.(RebeccaBecknal, 4) (Entered: 09/18/2023)
10/11/2023 8 ORDER Striking Document re: 3 Motion to Dismiss for Failure to State a Claim, filed by Jack O’Boyle & Associates, PLLC, Travis Gray, Jack O’Boyle, 6 Motion to Dismiss for Failure to State a Claim, filed by Sandy Dasigenis, Capital Fund I, LLC, Capital Fund Reit, LLC, Jeff Leva.(Signed by Judge George C Hanks, Jr) Parties notified.(ByronThomas, 4) (Entered: 10/11/2023)
10/23/2023 9 REQUEST for pre-motion conference, filed.(Gray, Travis) (Entered: 10/23/2023)
10/24/2023 10 NOTICE of Setting re: 9 REQUEST for pre-motion conference. Parties notified. Pre-Motion Conference set for 11/1/2023 at 10:00 AM by video before Judge George C Hanks Jr, filed. (ByronThomas, 4) (Entered: 10/24/2023)
10/27/2023 11 MOTION for Continuance of Pre-Motion Conference by Torrin Williams, filed. Motion Docket Date 11/17/2023. (ByronThomas, 4) (Entered: 10/31/2023)
10/31/2023 12 CLERKS NOTICE OF CANCELLATION. The Pre-Motion Conference set for 11/1/2023 at 10:00 AM is CANCELED. Parties notified, filed. (ByronThomas, 4) (Entered: 10/31/2023)
12/21/2023 13 NOTICE of Referral of Motion to Magistrate Judge Andrew M Edison re: 9 REQUEST for pre-motion conference, filed. (ByronThomas, 4) (Entered: 12/21/2023)
12/28/2023 14 NOTICE of Setting re: 9 REQUEST for pre-motion conference. Parties notified. Pre-Motion Conference set for 1/3/2024 at 09:00 AM by video before Magistrate Judge Andrew M Edison, filed. (RubenCastro, 3) Modified on 1/4/2024 (RubenCastro, 3). (Entered: 12/28/2023)
01/04/2024 15 DOCKET CONTROL ORDER. Amended Pleadings due by 1/12/2024. Joinder of Parties due by 1/12/2024 Pltf Expert Witness List due by 9/25/2024. Pltf Expert Report due by 9/25/2024. Deft Expert Witness List due by 10/25/2024. Deft Expert Report due by 10/25/2024. Discovery due by 12/13/2024. Dispositive Motion Filing due by 12/20/2024. Non-Dispositive Motion Filing due by 2/7/2025. Joint Pretrial Order due by 4/4/2025. Docket Call set for 4/11/2025 at 03:00 PM in Courtroom 9C before Judge George C Hanks Jr(Signed by Magistrate Judge Andrew M Edison) Parties notified.(AndyGould, 3) (Entered: 01/04/2024)
01/12/2024 16 COMPLAINT for Conspiracy to Commit Real Estate Deed Fraud Violation Of 18 U.S.C SEC. 241, by Torrin Williams, filed.(BrendaLacy, 4) (Entered: 01/12/2024)
03/22/2024 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Capital Fund I, LLC, Capital Fund Reit, LLC, Sandy Dasigenis, Jeff Leva, filed. Motion Docket Date 4/12/2024. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Proposed Order) (Gray, Travis) (Entered: 03/22/2024)
03/22/2024 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Travis Gray, Jack O’Boyle & Associates, PLLC, Jack O’Boyle, filed. Motion Docket Date 4/12/2024. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Proposed Order) (Gray, Travis) (Entered: 03/22/2024)
04/04/2024 19 EMERGENCY MOTION by Capital Fund Reit, LLC, filed. Motion Docket Date 4/25/2024. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Proposed Order) (Gray, Travis) (Entered: 04/04/2024)

 


 

PACER Service Center
Transaction Receipt
04/04/2024 19:29:03

Torrin Williams  Capital Fund Reit LLC

CASE: 14-23-00708-CV , COA14

APR 10, 2024

NOTICE OF APPEAL (REHEARING)

TO THE HONORABLE JUSTICES OF SAID COURT:

Today, this 5th Day of April 2024, the Defendant gives Notice of Appeal of judge’s ruling .

The Plaintiff CAPITAL FUND REIT, LLC currently stands accused wrongful foreclosure.

U.S. Court (Civil Action 4:23-cv-03491) challenging title to subject property.

1. The Panel of Justices’ of this court’s decision to dismiss appellant’s appeal on the grounds that the subject of the appeal has become moot is in error.

The Panel of Justices has failed to acknowledge the beginning fact that The Plaintiff misrepresented themselves as legitimate Texas company. Capital Fund neglected to register with Texas Secretary of State, and Texas Business Organizations Code (“BOC”) requires foreign entities to file an application for registration with the Texas secretary of state if the entity is “transacting business”

In Texas. An LLC, foreign or domestic, must register with Secretary of State in order for the entity to avail itself of rights and privileges including the right to sue.

TX Bus & Com Code § 71.101, 71.103. (a) A person’s failure to comply with this chapter does not impair the validity of any contract or act by the party or prevent the party from defending any action or proceeding in any Court of this state, but the party may not maintain in a court of this state an action or proceeding arising out of a contract or act § 71.20

2. The Panel of Justices are in error in the matter of supersedeas.

The plaintiff did not set a supersedeas as they were well aware that it is NOT applicable in this case. This only applies when a suit for owed or back Rents.

This suit was for property possession only, which makes supersedeas not applicable.

3.   The Panel of Justices has chosen to ignore the fact that the Plaintiff willingly chose to violate federal law when they moved forward on the sale of the property while Chapter 7 Bankruptcy was in place.

4. This Panel of Justices are in error when deciding that these matters have become moot.

The above are vital issues to consider that this Panel of Justices have chosen to ignore, or at minimum failed to at least consider.

It seems to just be easier to call something moot instead of upholding the law.

This Court Lack Jurisdiction and subject matter which does not allow for the court to make decisions regarding Possession when title is at issue.

Therefore, defendant has moved for appeal to The Texas Supreme Court.

Defendant request appeal to The Texas Supreme Court. Defendant is in search of Justices that will uphold their oath and written Texas law, as all lower courts have decided to pick and choose which laws to follow at their own convenience at the cost of defendants well being.

Torrin Williams

Torrin Williams  Capital Fund Reit LLC

CASE: 14-23-00708-CV , COA14

APR 4, 2024

MEMORANDUM OPINION

This is an appeal from a forceable-detainer action brought by appellee Capital Fund REIT LLC, for the property located at 5657 Flack Drive, Houston, Texas 77081 (“Property”).

On September 19, 2023, the county civil court at law signed a final judgment in favor of appellee.

That judgment awarded appellee possession of the Property.

Appellant Torrin Williams did not file a supersedeas bond on or before October 26, 2023.1

Appellee moves this court to dismiss appellant’s appeal on the grounds that the subject of the appeal has become moot.

On October 26, 2023, entry was made on to the property, and appellant was removed from the premises.

The mootness doctrine limits courts to deciding cases in which an actual controversy exists.

See F.D.I.C. v. Nueces Cnty., 886 S.W.2d 766, 767 (Tex. 1994).

An issue becomes moot when

(1) it appears that one seeks to obtain a judgment on some controversy, which in reality does not exist, or

(2) when one seeks a judgment on some matter which, when rendered for any reason, cannot have any practical legal effect on a then-existing controversy.

Alsobrook v. MTGLQ Invs., LP, 657 S.W.3d 327, 330 (Tex. App. — Dallas 2021), aff’d as modified, 656 S.W.3d 394 (Tex. 2022).

A case becomes moot if there ceases to be a justiciable controversy between the parties, such as when “the issues presented are no longer ‘live.’”

Heckman v. Williamson Cty., 369 S.W.3d 137, 162 (Tex. 2012).

Appellant’s case has become moot and must be dismissed.

CONCLUSION

Appellant is no longer in possession of the Property, and appellant does not assert a potentially meritorious claim of right to current or actual possession of the Property.

No controversy remains between the parties and, as such, this appeal is moot.

Accordingly, we dismiss the appeal for want of subject-matter jurisdiction without reaching the merits.

PER CURIAM

Panel Consists of Justices Bourliot, Zimmerer, and Spain

1 In the county civil court at law, the defendant was Torrin Williams as Manager for Farmhouse Realty Partners LLC. The notice of appeal identified appellant merely as Torrin Williams.

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