U.S. Bank National Association v. Heller
(5:22-cv-00093)
District Court, N.D. Texas
MAY 23, 2022 | REPUBLISHED BY LIT: JUL 1, 2022
New Foreclosure Case by the Wolves Seeking to Aid U.S. Bank in Taking the Home After Death from the Estate of the Family
Clerk’s ENTRY OF DEFAULT as to Gloria Heller on Aug. 30, 2022 – Case over.
U.S. District Court
Northern District of Texas (Lubbock)
CIVIL DOCKET FOR CASE #: 5:22-cv-00093-H
Create an Alert for This Case on RECAP
| U.S. Bank National Association v. Heller et al Assigned to: Judge James Wesley Hendrix Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 05/23/2022 Jury Demand: None Nature of Suit: 290 Real Property: All Other Real Property Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 08/29/2022 | 13 |
ORDER: To avoid the possibility of rendering inconsistent judgments as to the parties’ interests in the property at issue, the Court provides this notice to inform the parties that it intends to delay resolution of the Motion for Entry of Agreed Partial Judgment (Dkt. No. 10) until the remaining defendant’s potential interest is adjudicated or otherwise resolved by similar agreement. (Ordered by Judge James Wesley Hendrix on 8/29/2022) (bdg) (Entered: 08/29/2022) |
| 08/29/2022 | 14 | Request for Clerk to issue Clerk’s Entry of Default as to Defendant Gloria Heller, filed by U.S. Bank National Association. (Attachments: # 1 Exhibit(s), # 2 Proposed Order) (Lopez, Vivian) (Entered: 08/29/2022) |
| 08/29/2022 | 15 | MOTION for Default Judgment against Gloria Heller filed by U.S. Bank National Association (Attachments: # 1 Exhibit(s), # 2 Proposed Order) (Lopez, Vivian) (Entered: 08/29/2022) |
| 08/30/2022 | 16 | Clerk’s ENTRY OF DEFAULT as to Gloria Heller. (bmh) (Entered: 08/30/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 10/09/2022 17:21:56 |
ORDER GRANTING PLAINTIFF’S MOTION FOR SUBSTITUTED SERVICE:
ORDER granting 8 Motion.
The Court grants the Plaintiffs’ Motion for Substituted Service. Dkt. No. 8. Service of process may be made upon defendant Gloria Heller by either:
(1) Leaving a true copy of the summons, complaint, and this order with anyone over sixteen years of age at defendant Gloria Heller’s usual place of abode at 5812 Christy Circle, Kannapolis, NC 28081;
or
(2) Affixing a true copy of the summons, complaint, and this order to the front gate of defendant Gloria Heller’s usual place of abode at 5812 Christy Circle, Kannapolis,NC 28081.
The plaintiff must serve Ms. Heller and file proof of service within 30 days of the date of this order.
(Ordered by Judge James Wesley Hendrix on 7/1/2022) (bmh) (Entered: 07/01/2022)
U.S. District Court
Northern District of Texas (Lubbock)
CIVIL DOCKET FOR CASE #: 5:22-cv-00093-H
Create an Alert for This Case on RECAP
| U.S. Bank National Association v. Heller et al Assigned to: Judge James Wesley Hendrix Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 05/23/2022 Jury Demand: None Nature of Suit: 290 Real Property: All Other Real Property Jurisdiction: Diversity |
| Plaintiff | ||
| U.S. Bank National Association , not in its individual capacity but solely as trustee for the RMAC Trust, Series 2016-CTT |
represented by | Mark D Cronenwett Mackie Wolf Zientz & Mann PC 14160 N Dallas Parkway, Suite 900 Dallas, TX 75254 214-635-2650 Fax: 214-635-2686 Email: mcronenwett@mwzmlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good StandingVivian Nahir Lopez Tittle Law Group, LLC 5550 Granite Parkway Suite 290 Plano, TX 75024 972-987-5139 Email: vlopez@tittlelawgroup.com ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing |
| V. | ||
| Defendant | ||
| Gloria Heller | ||
| Defendant | ||
| Ligaya A Williams | ||
| Defendant | ||
| Edgardo Aguilar | ||
| Defendant | ||
| Noel A Aguilar | ||
| Date Filed | # | Docket Text |
|---|---|---|
| 05/23/2022 | 1 | COMPLAINT against All Defendants filed by U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMAC Trust, Series 2016-CTT. (Filing fee $402; Receipt number 0539-12842163) Plaintiff will submit summons(es) for issuance. 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, instructions, and exemption information may be 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) (Cronenwett, Mark) (Entered: 05/23/2022) |
| 05/23/2022 | 2 | Request for Clerk to issue Summons as to all Defendants, filed by U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMAC Trust, Series 2016-CTT. (Cronenwett, Mark) (Entered: 05/23/2022) |
| 05/23/2022 | 3 | CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMAC Trust, Series 2016-CTT. (Clerk QC note: No affiliate entered in ECF). (Lopez, Vivian) (Entered: 05/23/2022) |
| 05/23/2022 | 4 | New Case Notes: A filing fee has been paid. 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. (bdg) (Entered: 05/23/2022) |
| 05/23/2022 | 5 | Summons Issued as to All Defendants. (bdg) (Entered: 05/23/2022) |
| 05/31/2022 | 6 | SUMMONS Returned Executed as to Edgardo Aguilar ; served on 5/26/2022. (Lopez, Vivian) (Entered: 05/31/2022) |
| 05/31/2022 | 7 | SUMMONS Returned Executed as to Ligaya A Williams ; served on 5/26/2022. (Lopez, Vivian) (Entered: 05/31/2022) |
| 06/03/2022 | 8 | MOTION for Substituted Service as to Defendant Gloria Heller, filed by U.S. Bank National Association (Attachments: # 1 Exhibit(s), # 2 Proposed Order)Attorney Vivian Nahir Lopez added to party U.S. Bank National Association(pty:pla) (Lopez, Vivian) (Entered: 06/03/2022) |
| 06/08/2022 | 9 | SUMMONS Returned Executed as to Noel A Aguilar ; served on 5/26/2022. (Lopez, Vivian) (Entered: 06/08/2022) |
| 06/13/2022 | 10 | MOTION for Entry of Agreed Partial Judgment, filed by U.S. Bank National Association (Attachments: # 1 Proposed Order) (Lopez, Vivian) (Entered: 06/13/2022) |
| 07/01/2022 | 11 | ORDER GRANTING PLAINTIFF’S MOTION FOR SUBSTITUTED SERVICE: ORDER granting 8 Motion. The Court grants the Plaintiffs’ Motion for Substituted Service. Dkt. No. 8. Service of process may be made upon defendant Gloria Heller by either: (1) Leaving a true copy of the summons, complaint, and this order with anyone over sixteen years of age at defendant Gloria Heller’s usual place of abode at 5812 Christy Circle, Kannapolis, NC 28081; or (2) Affixing a true copy of the summons, complaint, and this order to the front gate of defendant Gloria Heller’s usual place of abode at 5812 Christy Circle, Kannapolis,NC 28081. The plaintiff must serve Ms. Heller and file proof of service within 30 days of the date of this order. (Ordered by Judge James Wesley Hendrix on 7/1/2022) (bmh) (Entered: 07/01/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 07/01/2022 10:36:13 |
Is Vivian Lopez on the Move or is She Workin’ Several Jobs?
Biography
Vivian N. Lopez has extensive experience in representing both debtors and creditors in pre-bankruptcy workouts, in bankruptcy cases under Chapters 7 and 11, and in complex mortgage and consumer rights litigation. She works tirelessly to protect her clients’ assets in all aspects of bankruptcy and related litigation, including preferences, fraudulent transfers, dischargeability, and state law-based actions. Her clients’ priorities are her priorities.
Vivian grew up in Puerto Rico and moved to Texas in 2015. She received a Bachelor of Arts, with a triple major in Marketing, Advertising, and Pre-Law from the Puerto Rico Sacred University (Magna Cum Laude), and earned her Juris Doctor from the Puerto Rico Interamerican School of Law. She then gained valuable experience as a bankruptcy associate at prominent law firms in Puerto Rico and Dallas prior to joining Tittle Law Group, PLLC.
Vivian is a member of the Puerto Rico State Bar, Texas State Bar and licensed to practice in the U.S. District Courts for the Eastern, Western, Southern and Northern Districts of Texas, including the bankruptcy courts. She is also licensed in the U.S. District Court of Puerto, including the bankruptcy court.
Education
- Interamerican School of Law, San Juan, Puerto Rico
- Juris Doctor
- Honors: cum laude
- Puerto Rico Sacred Heart University, San Juan, Puerto Rico
- B.A.
- Honors: magna cum laude
Bar Admissions
- Puerto Rico
- Texas
- U.S. District Court Northern District of Texas
- U.S. District Court Southern District of Texas
- U.S. District Court Eastern District of Texas
- U.S. District Court Western District of Texas
- U.S. District Court District of Puerto Rico
Who Owns the Home 7 Years Later, US Bank?
And who services the loan, since PHH Mortgage named in the lawsuit, but all mail goin’ to US Bank in Coppell, Texas?
Jay’s $1.7M Austin Property Has Been Walked Into Federal Court by Wells Fargo Bank
The Judge has yet to be assigned in this case in WDTX. Benny has legal representation but once again PACER shows party as PRO SE.
Ain’t No Love Today from the Grave Robbin’ Wolves
There’s also the question of the blind draw system in N.D. Texas Federal Court, which seems to be broken, at least related to Wells Fargo.
