Debt Collector

It Appears to LIT that Banks, Servicers and Foreclosure Mill Lawyers Are Ignoring Consumer Protection Laws

The following foreclosure case is being aggressively removed by the Bank despite the recent PR release re Pandemic Hardship Relief Fund in TX.

James Tynan

(22-32600)

United States Bankruptcy Court, S.D. Texas

SEP 3, 2022 | REPUBLISHED BY LIT: SEP 26, 2022
It’s another Foreclosure Scam Squad Title Deed Fraud

We sent the following email to Texas attorney Michael Hord, Jr., of Hirsch Westheimer, a foreclosure mill representing the lender. No response as at Nov. 22, 2022.

Howdy,

TYNAN, CLAY VILT AND THE END OF THE BK CASE

We note the bankruptcy case for James Tynan is set for dismissal. His home isn’t his home.

Have you read the update in the state court foreclosure case re Lindsey, represented by Vilt?

Attorney James Cuellar has filed for sanctions. He should be reporting Vilt to the Bar, it’s mandatory.

The question is, will you be reporting him too, based on the fact that this is a Foreclosure Scam Title Deed Fraud case, well reported on LIT.

Let us know what you plan on doin’ re Vilt when you seek relief from the BK stay.

Y’all have a great day.

Chapter 13 Trustee’s Motion to Dismiss Case (batch)

Chapter 13 Meeting of Creditors Held – Trustee Does Not Recommend Confirmation, we assume based on $20k p.m. gross income.

STIPULATION OF DISMISSAL

Plaintiff James T. Tynan Jr. (“Plaintiff”) and Defendant, U.S. Bank Trust National Association, as Trustee of American Homeowner Preservation Trust Series improperly named as U.S. Bank, N.A. (“Trustee” or “Defendant”) hereby file this Stipulation of Dismissal pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, and would respectfully show unto the Court as follows:

1. Plaintiff filed this lawsuit against Defendant seeking to delay or prevent foreclosure by Trustee. Defendant appeared denying all claims.

Plaintiff wishes to dismiss all claims against Defendant without prejudice and the parties agree because Plaintiff recently filed for bankruptcy protection and therefore Defendant has withdrawn its objections to dismissal and consents to same.

2. In conformity with Rule 41(a)(1)(A)(ii), this Stipulation is signed by all parties who have appeared in the action.

3. By this Stipulation, it is hereby stipulated all claims of Plaintiff against Defendant are dismissed without prejudice.

This Stipulation disposes of all claims and causes of action by all parties.

4. Plaintiff and Defendant further stipulate that all costs of court, attorney’s fees and other costs incurred are to be borne by the party incurring the same.

WHEREFORE, PREMISES CONSIDERED, all claims and causes of action brought by Plaintiff against Defendants are dismissed without prejudice.

Respectfully submitted,

By: /s/ Robert C. Vilt
Robert C. Vilt
State Bar No. 00788586

Vilt and Associates, P.C.
5177 Richmond Avenue, Suite 1142
Houston, Texas 77056
Telephone: 713.840.7570
Facsimile: 713.77.1827
Email: clay@viltlaw.com

ATTORNEYS-IN-CHARGE FOR PLAINTIFF

By: /s/ Michael F. Hord Jr.

Michael F. Hord, Jr.
Texas Bar No. 00784294

Eric C. Mettenbrink
Texas Bar No. 24043819

Hirsch & Westheimer, P.C.
1415 Louisiana, 36th Floor
Houston, Texas 77002
(713) 220-9182 Telephone
(713) 223-9319
Facsimile mhord@hirschwest.com emettenbrink@hirschwest.com

ATTORNEY-IN-CHARGE FOR DEFENDANT CERTIFICATE OF SERVICE

On this 7th day of September, 2022, I hereby certify that a true and correct copy of the foregoing document was forwarded as follows:

Robert C. Vilt
Vilt and Associates, P.C.
5177 Richmond Avenue, Suite 1142
Houston, TX 77056
Via ECF

/s/ Michael F. Hord Jr.
Michael F. Hord Jr.

Tynan v. U.S. Bank Trust National Association

(4:22-cv-01433)

District Court, S.D. Texas

MAY 4, 2022 | REPUBLISHED BY LIT: MAY 7, 2022

ORDER

Pending is a purported stipulation of dismissal of this action without prejudice by Plaintiff James T. Tynan Jr.

Dkt 14.

Defendant U.S. Bank Trust National Association objects.

Dkt 15.

Dismissal by the Plaintiff at this juncture isn’t available by stipulation.

It may instead proceed only by court order.

See FRCP 41(a)(2).

And U.S. Bank offers persuasive reasons for denying Plaintiff’s request.

In particular, a foreclosure sale of Plaintiff’s home is scheduled for September 6, 2022.

It appears that Plaintiff seeks dismissal to avoid the jurisdiction of this Court and attempt to secure another temporary restraining order in state court before foreclosure.

Dkt 15; see also Dkt 1-5.

The purported stipulation by Plaintiff James T. Tynan Jr. of dismissal without prejudice is REJECTED as without proper procedural basis.

Such stipulation is thus without force and effect.

This action remains pending before this Court. No other relief having been requested, none is given.

SO ORDERED.

Signed on September 2, 2022, at Houston, Texas.

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01433

Tynan v. U.S. Bank Trust National Association
Assigned to: Judge Charles Eskridge

Case in other court:  189th Judicial District Court of Harris County, TX, 22-25284

Cause: 28:1332 Diversity-(Citizenship)

Date Filed: 05/04/2022
Date Terminated: 09/16/2022
Jury Demand: None
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity

 

Date Filed # Docket Text
08/31/2022 14 STIPULATION of Dismissal without Prejudice by James T Tynan, Jr, filed. (Attachments: # 1 Proposed Order)(Vilt, Robert) (Entered: 08/31/2022)
08/31/2022 15 OBJECTIONS to 14 Stipulation of Dismissal , filed by U.S. Bank Trust National Association. (Attachments: # 1 Proposed Order)(Hord, Michael) (Entered: 08/31/2022)
09/02/2022 16 ORDER re: 14 Stipulation of Dismissal. The purported stipulation by Plaintiff James T. Tynan Jr. of dismissal without prejudice is REJECTED as without proper procedural basis. Such stipulation is thus without force and effect. This action remains pending before this Court. No other relief having been requested, none is given. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 09/02/2022)
09/07/2022 17 STIPULATION of Dismissal by U.S. Bank Trust National Association, filed. (Attachments: # 1 Proposed Order Order)(Hord, Michael) (Entered: 09/07/2022)
09/16/2022 18 ORDER OF DISMISSAL. Case terminated on 09/16/2022. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 09/16/2022)

 


 

PACER Service Center
Transaction Receipt
09/26/2022 01:36:00

NOTICE of Resetting. Parties notified.

Initial Conference reset for 7/6/2022 at 10:00 AM in Courtroom 701 before Magistrate Judge Christina A Bryan, filed.

(MelissaMorgan, 4) (Entered: 06/02/2022)

LIT’S ALERT TO OUR EARLIER ARTICLE – THIS FORECLOSURE SEEMS TO QUALIFY.

Texas is launching an $842 million fund aimed at helping homeowners avoid foreclosure caused by the COVID-19 pandemic — a year after U.S. lawmakers approved the funds.

The program — called the Texas Homeowner Assistance Fund — is aimed at homeowners who have struggled to pay their mortgage, property taxes, home insurance and home-related fees because of economic hardships caused by the pandemic.

The Texas Department of Housing and Community Affairs, the state agency that oversees the program, began taking applications this week.

“We take the financial hardships of our fellow Texans very seriously,” Bobby Wilkinson, TDHCA executive director, said in a statement.

LIT: Who’s Payin’ The Legal Fees for the Disabled Maria Sanchez, An Investor?

It’s quite ridiculous what lawyers are taking liberties with, purely from a legal standpoint, and getting away with it. Try that as a pro se.

In Ferguson’s Wrongful Foreclosure Suit, Half the Exhibits and Court Order are Corrupted PDF’s

Homeowner Keith A Ferguson claims his main residence is Bedford Glen Dr., so who’s livin’ at the Kingsbury St residence in Houston?

Hugh Shannonhouse, CEO of Preva Surgical Partners Could Lose His Adjacent Townhomes to Foreclosure

And by all accounts Hugh Shannonhouse has also been facing commercial landlord-tenant disputes for non-payment of rent during the Pandemic.

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01433

Create an Alert for This Case on RECAP

Tynan v. U.S. Bank Trust National Association
Assigned to: Judge Charles Eskridge

Case in other court:  189th Judicial District Court of Harris County, TX, 22-25284

Cause: 28:1332 Diversity-(Citizenship)

Date Filed: 05/04/2022
Jury Demand: None
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity

 

Date Filed # Docket Text
05/19/2022 5 STATEMENT OF INFORMATION IN REMOVED ACTION by U.S. Bank Trust National Association, filed.(Hord, Michael) (Entered: 05/19/2022)
05/19/2022 6 CERTIFICATE OF INTERESTED PARTIES by U.S. Bank Trust National Association, filed.(Hord, Michael) (Entered: 05/19/2022)
05/19/2022 7 CERTIFICATE OF SERVICE IN A REMOVED ACTION by U.S. Bank Trust National Association, filed.(Hord, Michael) (Entered: 05/19/2022)
06/01/2022 8 JOINT DISCOVERY/CASE MANAGEMENT PLAN by U.S. Bank Trust National Association, filed.(Hord, Michael) (Entered: 06/01/2022)
06/01/2022 9 INITIAL DISCLOSURES by James T Tynan, Jr, filed.(Vilt, Robert) (Entered: 06/01/2022)
06/01/2022 10 CERTIFICATE OF INTERESTED PARTIES by James T Tynan, Jr, filed.(Vilt, Robert) (Entered: 06/01/2022)
06/01/2022 11 DESIGNATION OF EXPERT WITNESS LIST by James T Tynan, Jr, filed. (Attachments: # 1 Exhibit Resume of Robert Vilt)(Vilt, Robert) (Entered: 06/01/2022)
06/02/2022 12 NOTICE of Resetting. Parties notified. Initial Conference reset for 6/15/2022 at 10:30 AM in Courtroom 701 before Magistrate Judge Christina A Bryan, filed. TIME CHANGE ONLY (MelissaMorgan, 4) (Entered: 06/02/2022)
06/02/2022 13 NOTICE of Resetting. Parties notified. Initial Conference reset for 7/6/2022 at 10:00 AM in Courtroom 701 before Magistrate Judge Christina A Bryan, filed. (MelissaMorgan, 4) (Entered: 06/02/2022)

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01433

Create an Alert for This Case on RECAP

Tynan v. U.S. Bank Trust National Association
Assigned to: Judge Charles Eskridge

Case in other court:  189th Judicial District Court of Harris County, TX, 22-25284

Cause: 28:1332 Diversity-(Citizenship)

Date Filed: 05/04/2022
Jury Demand: None
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity
Plaintiff
James T Tynan, Jr. 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
U.S. Bank Trust National Association
as Trustee of American Homeowner Preservation Trust Series improperly named as U.S. Bank, N.A.
represented by Michael F Hord , Jr
Hirsch Westheimer PC
1415 Louisiana
36th Floor
Houston, TX 77002-2772
713-220-9182
Fax: 713-223-9319
Email: mhord@hirschwest.com
ATTORNEY TO BE NOTICED

 

Date Filed # Docket Text
05/04/2022 1 NOTICE OF REMOVAL (Filing fee $ 402 receipt number ATXSDC-28128734) filed by U.S. Bank Trust National Association, as Trustee of American Homeowner Preservation Trust Series improperly named as U.S. Bank, N.A.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit C-1, # 5 Exhibit C-2, # 6 Exhibit C-3, # 7 Exhibit C-4, # 8 Exhibit D, # 9 Civil Cover Sheet)(Hord, Michael) (Entered: 05/04/2022)

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01433

Create an Alert for This Case on RECAP

Tynan v. U.S. Bank Trust National Association
Assigned to: Judge Charles Eskridge

Case in other court:  189th Judicial District Court of Harris County, TX, 22-25284

Cause: 28:1332 Diversity-(Citizenship)

Date Filed: 05/04/2022
Jury Demand: None
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity

 

Date Filed # Docket Text
05/04/2022 1 NOTICE OF REMOVAL (Filing fee $ 402 receipt number ATXSDC-28128734) filed by U.S. Bank Trust National Association, as Trustee of American Homeowner Preservation Trust Series improperly named as U.S. Bank, N.A.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit C-1, # 5 Exhibit C-2, # 6 Exhibit C-3, # 7 Exhibit C-4, # 8 Exhibit D, # 9 Civil Cover Sheet)(Hord, Michael) (Entered: 05/04/2022)

 


 

PACER Service Center
Transaction Receipt
05/12/2022 15:53:48
It Appears to LIT that Banks, Servicers and Foreclosure Mill Lawyers Are Ignoring Consumer Protection Laws
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Laws In Texas first started as an independent investigative blog about the Financial Crisis and how the Banks and Government are colluding against the citizens and homeowners of the State of Texas, relying upon a system of #FakeDocs and post-crisis legal precedents, specially created by the Court of Appeals for the Fifth Circuit to foreclose on homeowners around this great State. We are not lawyers. We do not offer legal advice. That stated, LIT's Blog has grown tremendously during the three or so years it has been operating and our reach is now nationwide as we expand via our micro-blogs in various states. Join us as we strive to bring back justice and honor to our Judiciary and Government employees, paid for by Citizens.

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