Debt Collector

Is Dr Allison Matney on the Brink of Foreclosure in Judge Bennett’s Federal Courtroom?

This is the second attempt to stop foreclosure and this time creditor rights attorney Michael Schroeder is seeking federal protection.

Matney Case is Dismissed with Prejudice

But LIT has Uncovered the VILT/FORSYTHE Scam, an illegal rent back scheme which is criminal in nature. LIT also questions the ethics of counsel for ‘Gateway’, Michael Schroeder, who is obviously well aware of the illegal scheme. HCAD shows BRINKMAN STREET TRUST as the ‘real owner’ of the property, but they are not the owner, Matney is the owner with the indebtedness as confirmed by the lawsuit itself.

MAR. 24, 2022 | Updated Aug 2, 2022

BRINKMAN STREET TRUST IS SANDY FORSYTHE AND CLAY VILT IS HER GO TO CORRUPT LAWYER

Jenks, Okla., May 6, 2019 – Gateway Mortgage Group, LLC, a full-service mortgage company licensed in 40 states and the District of Columbia, announced it has completed its merger with Farmers Exchange Bank to form Gateway First Bank, an Oklahoma banking corporation.

Headquartered in Jenks, Oklahoma, Gateway First Bank has $1.2 billion in assets, five banking centers in Northwest Oklahoma, 160 mortgage centers with operations in 40 states and the District of Columbia, and over 1,200 employees. It is one of the ten largest banks in the State of Oklahoma by asset size and one of the largest bank mortgage operations in the United States.

“This acquisition and resulting transformation is a very important achievement for Gateway,” said Stephen Curry, Gateway’s Chief Executive Officer. “By combining two successful Oklahoma companies to form Gateway First Bank we have created a robust foundation for future growth. Over the next year we intend to deliver significant enhancements to the customer experience and new products, while maintaining the superior service, great culture and nationally-recognized workplace we’re known for.”

To fund the acquisition and support future growth, Gateway First Bank completed an initial closing of a private placement offering, raising approximately $40 million in equity capital. Shapiro Bieging Barber Otteson LLP served as legal counsel to Gateway for the acquisition and the private placement. Sandler O’Neill + Partners, L.P. served as placement agent for the private placement. Manatt, Phelps & Phillips, LLP served as legal counsel to the placement agent. Fenimore, Kay, Harrison & Ford, LLP served as legal counsel to Farmers Exchange Bank in the acquisition.

This press release is for informational purposes only and will not constitute an offer to sell or the solicitation of an offer to buy, nor will there be any sale of Gateway securities in any state or jurisdiction in which such offer, solicitation or sale would be unlawful under the securities laws of such state or jurisdiction.

DOES "BRINKMAN STREET TRUST" HAVE AN ACCOUNT?

A lot of movement during foreclosures to these REI companies re Matney’s home…we’ll keep tracking and updating as we learn more.

Who's The Brinkman Trust and Pascquale?

Matney v. Gateway Mortgage

(4:22-cv-00409)

District Court, S.D. Texas

FEB 8, 2022 | REPUBLISHED BY LIT: FEB 10, 2022

AGREED STIPULATION OF DISMISSAL WITH PREJUDICE TO THE HONORABLE DISTRICT COURT JUDGE:

The parties pursuant to Fed. R. Civ. Pro. 41(a)(2) hereby stipulate as follows and respectfully request this Court’s entry of the proposed Order of Dismissal filed herewith:

1. Plaintiff filed her Original Petition, Application for Injunctive Relief and Request for Disclosures as cause no. 2021-83709 in the 160th Judicial Court of Harris County, Texas on December 29, 2021.

2. Defendant filed its Original Answer and Request for Disclosures in cause no. 2021- 83709 in the 160th Judicial Court of Harris County, Texas on January 28, 2022.

3. Defendant filed its Notice of Removal to this Court on February 8, 2022.

4. On March 9, 2022, Defendant filed with this Court its Amended Motion to Dismiss pursuant to Fed. R. Civ. Pro. 12(b)(6). The Rule 12(b)(6) motion is unopposed.

5. Accordingly, the parties request that the Court dismiss this lawsuit with prejudice against filing same in the future.

WHEREFORE, PREMISES CONSIDERED, the Plaintiff and Defendant hereby request that this Court enter the attached Order dismissing the above-entitled and numbered cause with prejudice.

Date: March 23, 2022

Respectfully submitted,

By:

VILT AND ASSOCIATES – TX, P.C.
/s/ Robert C. Vilt

ROBERT C. VILT
State Bar No. 00788586
S.D. No.: 20296
Email: clay@viltlaw.com
5177 Richmond Avenue, Suite 1132
Houston, Texas 77056
Telephone: 713-840-7570
Facsimile: 713-877-1827
Attorneys for Plaintiff

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

Initial Conference set for 5/6/2022 at 09:00 AM in Courtroom 8C before Judge Alfred H Bennett.

(Signed by Judge Alfred H Bennett) Parties notified.(RachelSalazar, 4) (Entered: 02/09/2022)

DEFENDANT GATEWAY MORTGAGE GROUP, LLC’s NOTICE OF REMOVAL

TO THE HONORABLE JUDGE OF SAID COURT:

PLEASE TAKE NOTICE THAT Gateway Mortgage (f/k/a Gateway Mortgage Group), a Division of Gateway First Bank (“Gateway”) hereby appears and provides notice of removal of this action pursuant to 28 U.S.C. §441 and §1446 from Harris County District Court, Cause No. 2021-83709, to the United States District Court, Southern District of Texas, Houston Division.

In support of removal, Gateway states as follows:

Parties Named by Plaintiff

1. Plaintiff, Allison E. Matney, is an individual and a resident of Harris County, Texas.

2. Defendant, Gateway, is an Oklahoma limited liability company1 whose principal place of business is 244 South Gateway Place, Jenks, Oklahoma 74037.

Original Suit Filed in Harris County, Texas

3. Plaintiff’s Original Petition (the “Petition”) alleges declaratory judgment, breach of contract, violation of Texas Property Code, breach of fiduciary duty, unreasonable collection

efforts, and intentional infliction of emotional distress. Plaintiff’s claims are pending in Harris County District Court, Cause No. 2021-83709.

4. The Petition was filed on December 29, 2021.

5. No temporary restraining order has been issued by the state court.

6. Citation was issued by the clerk of the state court on January 3, 2022.

7. Citation was served on Defendant Gateway on January 21, 2022. Defendant Gateway filed its answer on January 28, 2022.

Thirty (30) days has not elapsed since Defendant was served.

28 U.S.C §1446(b)(1); Murphy Brothers v. Mitchetti Pipe Stringing, Inc., 526 U.S, 344 (1999); Ellis v. Wells Fargo Bank, NA, 2021 WL 4976973 (N. Dist. Tex. – Dallas 2021).

Removal is timely.

Complete Diversity of Citizenship Exists Between Plaintiff and Defendant

8. In compliance with 28 U.S.C. §1446, Federal Rule of Civil Procedure 7.1, and Local Rule 81.1, Defendant requests removal from the Harris County, Texas District Court based on diversity of jurisdiction under 28 U.S.C. §1322 because there is complete diversity of citizenship between Plaintiff and Defendant and the matter in controversy is more than $75,000.00.

See Davis v. Guthrie, 2014 WL 46130 (N. Dist. Texas 2014) (““Complete diversity” of citizenship means that a plaintiff may not share citizenship with any defendant.” citing Whalen v. Carter, 954 F.2d 1087, 1094 (5th Cir.1992)).

9. Plaintiff is and was at the time of filing her Petition and continues to be a resident and a citizen of Texas.

Plaintiff alleges in her Petition2 that she “is an individual who resides in Harris County, Texas.” Further, the public records of the Harris County Central Appraisal District and Tax Assessor show that Plaintiff’s state of residence is Texas.

For diversity purposes, an individual is a citizen of the state of her domicile, which is her true, fixed and permanent home and principal residence. Stine v. Moore, 213 F2d 446 (5th Cir. 1954)

(“Residence in fact, and the intention of making the place of residence one’s home, are essential elements of domicile. Words may be evidence of a man’s intention to establish his domicile at a particular place of residence, but they cannot supply the fact of his domicile there. In such circumstances, the actual fact of residence and a real intention of remaining there, as disclosed by his entire course of conduct, are the controlling factors in ascertaining his domicile.”).

Plaintiff is, therefore, a citizen of Texas.

10. “[A] corporation shall be deemed to be a citizen of every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principal place of business….” 28 U.S.C. §1332(c)(1).

Defendant Gateway is an Oklahoma chartered banking corporation and the successor by conversion to Gateway Mortgage Group, LLC that is incorporated in the State of Oklahoma with its principal place of business in the State of Oklahoma.3

Defendant Gateway’s principal place of business is 244 South Gateway Place, Jenks, Oklahoma 74037.

Accordingly, Defendant Gateway was at the time of filing Plaintiff’s Petition, has been at all times since, and remains a citizen of Oklahoma.

11. Plaintiff in her Petition seeks to enjoin Defendant Gateway’s foreclosure of the subject real property.4

“In actions seeking declaratory or injunctive relief, amount in controversy

is measured by value of object of litigation; in other words, it is value of right to be protected or extent of injury to be prevented.”

Leininger v. Leininger, 705 F2d 727 (5th Cir. 1983).

More specifically the “amount in controversy for diversity jurisdiction purposes in mortgagor’s removed action for injunctive and declaratory relief to stop the foreclosure sale of his properties by mortgage servicer and mortgagee was value of the properties.”

Farkas v. GMAC Mortgage, LLC, 737 F3d 338 (5th Cr. 2013).

Defendant requests that this Court take judicial notice that the Harris County Central Appraisal District lists the value of the subject property as $389,410.00.

The amount in controversy is, therefore, in excess the federal jurisdictional amount of $75,000.00.

WHEREFORE, Defendant Gateway respectfully prays that Plaintiffs suit now pending in Harris County, Texas District Court be removed to this Court.

February 8, 2022

Respectfully Submitted,

MICHAEL J. SCHROEDER, P.C.
/s/ Michael J. Schroeder

Michael J. Schroeder
State Bar No. 17817380
Email: mike@lawmjs.com
3610 North Josey Lane, Suite 206
Carrollton, TX 75007
Telephone: (972) 394-3086
Facsimile: (972) 394-1263

ATTORNEYS FOR GATEWAY MORTGAGE (F/K/A GATEWAY MORTGAGE GROUP), A DIVISION OF GATEWAY FIRST BANK

 

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document was electronically served on all counsel of record on February 8, 2022.

/s/ Michael J. Schroeder
Michael J. Schroeder

202183709

MATNEY, ALLISON E vs. GATEWAY MORTGAGE GROUP

(Court 190)

DEC 29, 2021

201979696

MATNEY, ALLISON E vs. GATEWAY MORTGAGE GROUP

 (Court 011)

OCT 31, 2019

Tiffany Engagement Bling Ring for 26G’s Lawsuit, Fee Paid. 3 Months Later, Latty IFP’s Foreclosure Lawsuit.

COMPLAINT against DHI Mortgage Company, LTD. filed by Patrick Peter Pryce Latty, Jr. IFP Granted on 4/13/2022 by Judge George C. Hanks, Jr.

Pro Se Party X v. Party Y Before Judge Al Bennett, SDTX

A sealed case filed by a pro se, known as Party X v. Party Y in S.D. Texas lands on Judge Alfred Homer Bennett’s desk randomly, of course.

It’s All About Rob-bin’ When it Comes to Foreclosures by BDF Hopkins

Crystal Gibson of BDF requests the Court stay deadlines, docket call and bench trial pending a ruling on Cenlar’s Motion for Summary Judgment.

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00409

Create an Alert for This Case on RECAP

Matney v. Gateway Mortgage
Assigned to: Judge Alfred H Bennett

Case in other court:  160th Judicial District Court, Harris County, TX, 21-83709

Cause: 12:1819 Default of Promissory Note

Date Filed: 02/08/2022
Jury Demand: None
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity
Plaintiff
Allison Matney represented by Robert Clayton Vilt
Vilt and Associates – TX, 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
Gateway Mortgage
A Division of Gateway First Bank
represented by Michael J Schroeder
Michael J. Schroeder, P.C.
3610 N Josey Ln
Suite 206
Carrollton, TX 75007
972-394-3086
Fax: 972-394-1263
Email: mike@lawmjs.com
ATTORNEY TO BE NOTICED

 

Date Filed # Docket Text
02/08/2022 1 NOTICE OF REMOVAL from Harris County District Court, case number 2021-83709 (Filing fee $ 402 receipt number ATXSDC-27716758) filed by Gateway Mortgage, a Division of Gateway First Bank. (Attachments: # 1 Index, # 2 Civil Cover Sheet w/ Supplement, # 3 State Court docket sheet, # 4 Affidavit, # 5 Civil Process Request, # 6 Proposed Temporary Restraining Order, # 7 Exhibit B, # 8 Exhibit 01, # 9 Plaintiff’s Original Petition, # 10 Exhibit A – D, # 11 Defendant’s Exhibits, # 12 Certified Mail Tracking, # 13 Certified Mail Receipt, # 14 Domestic Return Receipt, # 15 Original Answer and Request for Disclosures, # 16 Docket Control Order, # 17 HCAD Residential Account Detail)(Schroeder, Michael) (Entered: 02/08/2022)
02/08/2022 2 CERTIFICATE OF INTERESTED PARTIES by Gateway Mortgage, a Division of Gateway First Bank, filed.(Schroeder, Michael) (Entered: 02/08/2022)
02/09/2022 3 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/6/2022 at 09:00 AM in Courtroom 8C before Judge Alfred H Bennett. (Signed by Judge Alfred H Bennett) Parties notified.(RachelSalazar, 4) (Entered: 02/09/2022)
Is Dr Allison Matney on the Brink of Foreclosure in Judge Bennett’s Federal Courtroom?
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