LIT’s 2024 UPDATE
JUN 1, 2024
Around 2 years ago, on May 28, 2022 a fraudulent deed was filed by Adobe Ridge Trust, aka Justina De Pasquale (who we believe started to front for Sandy Forsythe of Millennia Properties for reasons we’ll touch on).
Exactly 2 years ago today, the fraud was cemented by Bandit lawyer Clay Vilt, who filed suit in Harris County District Court to stop a non-judicial foreclosure auction, naming “Jermey Green” as Plaintiff. In reality, it was Pasquale/Forsythe and Vilt filing. The case was assigned to Judge Jeralynn Manor, Court 80.
On June 2, the ancillary Judge McFarland set the cash bond at $1k, granting the TRO to stop foreclosure. Judge Manor would then extend that order on June 10, 2022.
On June 24, 2022 Freedom Mortgage Corporation, represented by foreclosure mill lawyers from Miller George Suggs removed the case to federal court, where Sr. Judge Ewing Werlein would be randomly assigned.
A day prior to the scheduled initial conference by telephone, Oct. 27, 2022, the case would be dismissed by signed court order.
On March 1, 2023 the appt of the substitute trustees was recorded in HC real property records.
On Apr. 14, 2023 Vilt requested the return of the $1,000 cash bond from HCDC registry which Judge Manor granted on Apr. 20, by signed court order.
Notably in this case, Justina Pasquale does not “deed-it-back” to the Greens (as LIT has witnessed in other fraudulent conveyances by Pasquale, et al), instead this happens;
On Apr. 28, 2023 Sandra “Sandy” Ann Forsythe of New Millennia Properties, LLC submitted an affidavit of lien for $2,975 related to preparing and prosecuting a lawsuit for “wrongful foreclosure”.
On the first Tuesday in May, 2023, the home was “sold” (by credit bid) to Freedom Mortgage Corp for $275k.
On May 16, 2023 the trustee’s deed was recorded, memorializing the auction sale.
On Nov. 18, 2023 the home was listed for sale.
Note: The property has been reduced by over $60k since that date and is still for sale.
In Dec. and January, UCC Financing Statements naming Jeremy Green were filed in HC real property records.
AUG 22, 2024 UPDATE
HAR shows home sold July 30, 2024
HCAD – no change from Freedom as owner.
RPR – no change.
Home Water Filtration System is LIT’s guess based on the filing – but we’re more interested in the date of the amendment, Jan 2024 – when the home was foreclosed in May of 2023, and a credit bid for $275k to Freedom Mortgage Corp was recorded in the Trustee’s Deed.
Loanpal’s date of the amendment is Dec 2023 – when the home was foreclosed in May of 2023 and the home listed for sale in Nov. 2023.
A UCC Financing Statement Amendment is a document used to modify or update information contained in an existing Uniform Commercial Code (UCC) financing statement. The UCC is a set of laws governing commercial transactions in the United States, including secured transactions where one party grants a security interest in personal property to another party as collateral for a debt.
When a creditor provides financing to a debtor, they may require the debtor to grant them a security interest in certain personal property, such as equipment, inventory, or accounts receivable. To establish and maintain priority over other creditors with respect to that collateral, the creditor files a UCC financing statement with the appropriate state authority, typically the Secretary of State’s office.
The purpose of a UCC Financing Statement Amendment is to update or correct information on the original financing statement. This could include changes to the debtor’s name or address, updates to the description of the collateral, or amendments to the terms of the security agreement between the debtor and creditor.
Now, regarding your question about recording a UCC Financing Statement Amendment in real property records of the county against real property, this is a bit unusual. UCC filings typically relate to personal property, not real property. Real property records usually pertain to deeds, mortgages, liens, and other documents related to land and buildings. However, there may be situations where a UCC Financing Statement Amendment affects real property indirectly, such as if the collateral described in the financing statement includes fixtures attached to real estate.
If a UCC Financing Statement Amendment does impact real property, it might be recorded in the county’s real property records to provide notice to third parties, such as potential buyers or lenders, who search those records. This ensures that anyone dealing with the real property is aware of the creditor’s security interest in the related personal property, which could affect the property’s value or the rights of the parties involved.
LIT UPDATE
SEP 9, 2023
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Accounts Payable Payroll Manager for Wolverine Property Management LLC in Katy, TX.
LIT INVESTIGATES
OCT 14, 2022
This is yet another Foreclosure Scam Squad case with Vilt representing Forsythe and New Millenia Properties but purporting to represent Homeowners. The fraudulent special warranty deed was filed in HCAD on May 28 and the lawsuit filed in Harris County District Court on June 1. It would be removed to federal court where it’s percolated since Aug 5, 2022, as everyone involved be it lawyers or the judiciary, know this is a scam theft of housing.
We’re all LIT up on the Foreclosure Scam Squad Series. Y’all citizens are takin’ notice and writing to us. That’s fantastic. We want to expand from Harris County to ALL Counties in Texas. We need Your Support n’ Donations to Make this Reality. Donate Todayhttps://t.co/JNHI8vkSvR pic.twitter.com/s0BFsknX5J
— lawsinusa (@lawsinusa) October 14, 2022
Green v. Freedom Mortgage Corporation
(4:22-cv-02058)
District Court, S.D. Texas, Judge Ewing Werlein
JUN 24, 2022 | REPUBLISHED BY LIT: JUL 5, 2022
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-02058
Create an Alert for This Case on RECAP
Green v. Freedom Mortgage Corporation Assigned to: Judge Ewing Werlein, Jr
Cause: 28:1332 Diversity-Account Receivable |
Date Filed: 06/24/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
Date Filed | # | Docket Text |
---|---|---|
08/05/2022 | 12 | RESPONSE to 11 MOTION to Dismiss 7 Amended Complaint/Counterclaim/Crossclaim etc. filed by Jeremy Green. (Vilt, Robert) (Entered: 08/05/2022) |
10/18/2022 | 13 | REPORT of Rule 26(f) Planning Meeting by Freedom Mortgage Corporation, filed.(Conway, Bradley) (Entered: 10/18/2022) |
10/19/2022 | 15 | ORDER RE: INITIAL CONFERENCE. The telephone conference I.D. and conference password will be provided to the attorneys of record via email the day prior to the hearing. (Signed by Judge Ewing Werlein, Jr) Parties notified. (marflores, 4) (Entered: 10/20/2022) |
10/20/2022 | 14 | TIME CHANGE ONLY. NOTICE of Resetting. Parties notified. Initial Conference set for 10/28/2022 at 03:00 PM by telephone before Judge Ewing Werlein, Jr, filed. (marflores, 4) (Entered: 10/20/2022) |
10/25/2022 | 16 | STIPULATION of Dismissal without Prejudice by Jeremy Green, filed.(Vilt, Robert) (Entered: 10/25/2022) |
PACER Service Center | |||
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Transaction Receipt | |||
10/25/2022 16:39:31 |
Report of Rule 26(f) Planning Meeting (Oct 18)
No movement.
Response to Motion (Aug 5)
MOTION to Dismiss 7 Plaintiff’s Amended Complaint by Freedom Mortgage Corporation, filed. Motion Docket Date 8/22/2022 (marflores, 4) (Entered: 08/01/2022).
ORDER Granting 9 Unopposed Motion for Leave to File Response to Plaintiff’s Amended Complaint One Day Late.(Signed by Judge Ewing Werlein, Jr)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-02058
Create an Alert for This Case on RECAP
Green v. Freedom Mortgage Corporation Assigned to: Judge Ewing Werlein, Jr
Cause: 28:1332 Diversity-Account Receivable |
Date Filed: 06/24/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
Date Filed | # | Docket Text |
---|---|---|
07/12/2022 | 4 | CERTIFICATE OF INTERESTED PARTIES by Freedom Mortgage Corporation, filed.(Conway, Bradley) (Entered: 07/12/2022) |
07/14/2022 | 5 | DESIGNATION OF EXPERT WITNESS LIST by Jeremy Green, filed. (Attachments: # 1 Exhibit Resume of Robert Vilt)(Vilt, Robert) (Entered: 07/14/2022) |
07/14/2022 | 6 | CERTIFICATE OF INTERESTED PARTIES by Jeremy Green, filed.(Vilt, Robert) (Entered: 07/14/2022) |
07/14/2022 | 7 | First AMENDED COMPLAINT against Freedom Mortgage Corporation filed by Jeremy Green. (Attachments: # 1 Exhibit 1)(Vilt, Robert) (Entered: 07/14/2022) |
07/15/2022 | 8 | INITIAL DISCLOSURES by Jeremy Green, filed.(Vilt, Robert) (Entered: 07/15/2022) |
07/29/2022 | 9 | MOTION for Leave to File Response to Plaintiff’s Amended Complaint One Day Late by Freedom Mortgage Corporation, filed. Motion Docket Date 8/19/2022. (Attachments: # 1 Exhibit A – 12(b)(6) Motion, # 2 Proposed Order)(Conway, Bradley) (Entered: 07/29/2022) |
08/01/2022 | 10 | ORDER Granting 9 Unopposed Motion for Leave to File Response to Plaintiff’s Amended Complaint One Day Late.(Signed by Judge Ewing Werlein, Jr) Parties notified.(marflores, 4) (Entered: 08/01/2022) |
08/01/2022 | 11 | MOTION to Dismiss 7 Plaintiff’s Amended Complaint by Freedom Mortgage Corporation, filed. Motion Docket Date 8/22/2022. (marflores, 4) (Entered: 08/01/2022) |
PACER Service Center | |||
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Transaction Receipt | |||
08/01/2022 14:11:50 |
CIP file on July 12. It’s late.
Lawyer Conway of Suggs is violatin’ the rules by prematurely filing a motion to dismiss – on July 1 – only a week after removal and well before the initial conference.*
That stated, he may be taking advantage of LIT’s review of foreclosure defense counsel, Robert Clayton Vilt, who is representing Green in this case.
*ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 10/28/2022 at 02:00 PM in Room 11521 before Judge Ewing Werlein, Jr.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-02058
Create an Alert for This Case on RECAP
Green v. Freedom Mortgage Corporation Assigned to: Judge Ewing Werlein, Jr
Cause: 28:1332 Diversity-Account Receivable |
Date Filed: 06/24/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
Plaintiff | ||
Jeremy Green | represented by | Robert Clayton Vilt Vilt Law, P.C. 5177 Richmond Ave Ste 1142 Houston, TX 77056 713-840-7570 Fax: 713-877-1827 Email: clay@viltlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
V. | ||
Defendant | ||
Freedom Mortgage Corporation | represented by | Dustin C George Miller, George & Suggs, PLLC PO Box 117161 Carrollton, TX 75011-7161 469-514-9179 Fax: 214-291-5507 Email: dgeorge@mgs-legal.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDBradley James Conway Miller, George & Suggs, PLLC 5601 Democracy Drive, Suite 265 Plano, TX 75204 972-532-0128 Fax: 214-291-5507 Email: bconway@mgs-legal.com ATTORNEY TO BE NOTICED |
Date Filed | # | Docket Text |
---|---|---|
06/24/2022 | 1 | NOTICE OF REMOVAL from 80th District Court of Harris County, case number 2022-32611 (Filing fee $ 402 receipt number ATXSDC-28367666) filed by Freedom Mortgage Corporation. (Attachments: # 1 Exhibit A – State Court Docket, # 2 Exhibit B – State Court Pleadings, # 3 Exhibit C – Declaration of BC, # 4 Civil Cover Sheet)(Conway, Bradley) (Entered: 06/24/2022) |
06/27/2022 | 2 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 10/28/2022 at 02:00 PM in Room 11521 before Judge Ewing Werlein, Jr. (Signed by Judge Ewing Werlein, Jr) Parties notified.(RachelWillborg, 4) (Entered: 06/27/2022) |
07/01/2022 | 3 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Freedom Mortgage Corporation, filed. Motion Docket Date 7/22/2022. (Attachments: # 1 Proposed Order)(Conway, Bradley) (Entered: 07/01/2022) |
PACER Service Center | |||
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Transaction Receipt | |||
07/05/2022 11:18:46 |
202232611
GREEN, JEREMY vs. FREEDOM MORTGAGE CORPORATION
(Court 080, JUDGE JERALYNN MANOR)
JUN 1, 2022 | REPUBLISHED BY LIT: JUN 1, 2022
TRO extended until June 30. TRO meeting on June 27, in person.
New foreclosure case, bookmark for updates.
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