Appellate Judges

It’s All About the Key Laws During a Pandemic for This Home in Kingwood

Former Homeowners Evicted in June 2021 return to the Home in August and claim their rights to stay in the residence due to the Moratorium.

U.S. Bank Trust, N.A. v. Dougherty

(4:20-cv-01082)
District Court, S.D. Texas

MAR 27, 2020 | REPUBLISHED BY LIT: AUG 16, 2021

On June 3, 2021, a representative from Alta Realty Company, a company U.S.Bank retained to oversee the property, accompanied U.S. Marshal Castro to the property, changed the locks to the doors on the property, and installed a lockbox per this Court’s Order of Sale [Dkt. #82].

See Declaration of Rochelle Jones, attached hereto as Exhibit B.

At that time, U.S. Marshal Castro physically removed JZAVELA-ARETHEA DOUGHERTY and DATTAJUSTIN DOUGHERTY from the property [Dkt. #82].

Since that time, U.S. Bank’s real estate company has performed weekly visits to the property. Exhibit B.

On or about August 1, 2021, when performing the weekly visit to the property, the real estate company agent was unable to gain access to the property. Id.

Sometime between the real estate agent’s weekly visit 21 to the property at the end of July 2021 and the August 1, 2021 visit to the property, someone, presumably JZAVELA-ARETHEA DOUGHERTY and DATTA-JUSTIN DOUGHERTY or someone acting at their request, changed out the locks to the doors of the property, removed the real estate agent’s lockbox on the property and posted a notice on the door of the property.

The real estate agent was not able to locate the lockbox, and the person who removed the lockbox would likely have had to destroy the lockbox in order to remove it.

Photographs of the unauthorized front door lock and the notice posted on the door are attached as Exhibit B-1 and Exhibit B-2 to this motion.

ORDER FOR EXPEDITED RESPONSE

Plaintiff U.S. Bank Trust, N.A., has filed a Second Motion for Contempt. (Doc. 105.) The Court requires a response on an expedited basis. Defendants are directed to file a response no later than Wednesday, August 18, 2021, by 5:00 p.m.

IT IS SO ORDERED.

SIGNED at Houston, Texas on August 13, 2021.

KEITH P. ELLISON

UNITED STATES DISTRICT JUDGE

U.S. Bank Trust, N.A. v. Dougherty-Williams et al

Fifth Circuit Appeal #21-20271

AUG 16, 2021 | REPUBLISHED BY LIT: AUG 16, 2021

JONES, EDITH H.

DUNCAN, STUART K.

ENGELHARDT, KURT E.

Before Jones, Duncan and Engelhardt, Per Curiam;

OPPOSED motion for stay pending appeal is denied.

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Two Chief Judges Take Different Positions in Eviction and Foreclosure Lawsuits in New York

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About Rochelle Jones

Specialties: Commercial
Disposition
Investment Acquisitions
Leasing
Property Management
REO
Residential

Rochelle Jones is a native Californian who has made Houston, TX her home since 1994. ​​​​​​​Rochelle Jones serves as the Managing Broker of Alta Realty Company and currently serves and Director for the NRBA. Rochelle is known for providing quality service to Institutional buyers and sellers as well as traditional clients alike.

Rochelle is passionate about promoting home ownership and awareness in her local market. Jones has placed concentration in assisting home buyers and sellers along with financial institutions through the housing crisis. Her experience and contributions boasts an ample range of specific skill sets to support her qualifications in this much-needed area. In Jones’ time away from closing deals she proctors regular courses on home ownership, foreclose prevention and investment purchases. Jones has a full-time dedicated team to assist in servicing all of her clients’ individual needs. She regularly partners with local churches and non-profit organizations to provide knowledge, expertise, and awareness of housing trends that help buyers and sellers weather the difficulties of a difficult market in a staggering economy. She has partnered with housing committees to provide consultation services and has worked with Economic Development Commission teams toward the aim of making local communities better and happier places for citizens.

Rochelle is the proud mother of a beautiful daughter Logan Milan Jones and attributes her success to the motivation her daughter gives her daily.

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:20-cv-01082

U.S. Bank Trust, N.A. et al v. Dougherty et al
Assigned to: Judge Keith P Ellison
Demand: $327,000,000
Cause: 12:191 Bank Foreclosure
Date Filed: 03/27/2020
Date Terminated: 04/14/2021
Jury Demand: None
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity
Plaintiff
U.S. Bank Trust, N.A.
as Trustee of the Igloo Series III Trust
represented by Ray L Vela
Anderson Vela LLP
4920 Westport Drive
The Colony, TX 75056
214-276-1545
Fax: 214-276-1546
Email: rvela@andersonvela.com
ATTORNEY TO BE NOTICEDRichard E Anderson
Anderson Vela LLP
4920 Westport Dr
The Colony, TX 75056
214-276-1545
Email: randerson@andersonvela.com
ATTORNEY TO BE NOTICED
V.
Defendant
Michael S. Dougherty represented by Michael S. Dougherty
21198 LIsa Lane
Steger, IL 77345
PRO SE
Defendant
Jzavela-Aretha Dougherty represented by Jzavela-Aretha Dougherty
2534 Splintwood Court
Kingwood, TX 77345
Email: JZDOUGHERTY@my.lonestar.edu
PRO SEErick 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
TERMINATED: 12/03/2020
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDNickolas Anthony Spencer
Spencer & Assoc PLLC
One Riverway
Ste 1700
Houston, TX 77056
832-786-9468
Email: nas@naslegal.com
TERMINATED: 08/31/2021
ATTORNEY TO BE NOTICED
Defendant
Dattajustin Toshihiro Dougherty-Williams represented by Dattajustin Toshihiro Dougherty-Williams
2534 Splintwood Court
Kingwood, TX 77345
PRO SEErick Joseph DeLaRue
(See above for address)
TERMINATED: 12/03/2020
ATTORNEY TO BE NOTICEDNickolas Anthony Spencer
(See above for address)
TERMINATED: 08/31/2021
ATTORNEY TO BE NOTICED
Defendant
International Bank of Commerce

 

Date Filed # Docket Text
08/20/2021 110 NOTICE of Setting as to 105 Second MOTION for Contempt, 109 MOTION in Opposition to Plaintiff’s Second Contempt. Parties notified. Motion Hearing set for 8/23/2021 at 03:00 PM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4) (Entered: 08/20/2021)
08/20/2021 111 EXHIBITS re: 109 MOTION in Opposition to Plaintiff’s Second Contempt by Jzavela-Aretha Dougherty, Michael S. Dougherty, Dattajustin Toshihiro Dougherty-Williams, filed.(BrendaLacy, 4) (Entered: 08/20/2021)
08/23/2021 112 Fifth Circuit Court of Appeals LETTER advising The court reporter, Mr. Fred Warner, must discount your invoice by 10%. (USCA No. 21-20271), filed.(dnoriega, 1) (Entered: 08/23/2021)
08/30/2021 113 APPEAL TRANSCRIPT re Telephone Status Conference held on January 5, 2021 before Judge Keith P Ellison. Court Reporter/Transcriber FWarner. Ordering Party: JDougherty. This transcript relates to the following: 73 Notice of Appeal. Release of Transcript Restriction set for 11/29/2021., filed. (fwarner, ) (Entered: 08/30/2021)
08/30/2021 114 APPEAL TRANSCRIPT re Telephone Motion Hearing held on July 12, 2021 before Judge Keith P Ellison. Court Reporter/Transcriber FWarner. Ordering Party: JDougherty. This transcript relates to the following: 73 Notice of Appeal. Release of Transcript Restriction set for 11/29/2021., filed. (fwarner, ) (Entered: 08/30/2021)
08/31/2021 115 Notice of Filing of Official Transcript as to 113 Transcript – Appeal, 114 Transcript – Appeal,. Party notified, filed. (olindor, 4) (Entered: 08/31/2021)
08/31/2021 116 MOTION for Nickolas A. Spencer to Withdraw as Attorney by Jzavela-Aretha Dougherty, Michael S. Dougherty, Dattajustin Toshihiro Dougherty-Williams, filed. Motion Docket Date 9/21/2021. (Attachments: # 1 Proposed Order)(Spencer, Nickolas) (Entered: 08/31/2021)
08/31/2021 117 Amended MOTION for Nickolas A. Spencer to Withdraw as Attorney by Jzavela-Aretha Dougherty, Michael S. Dougherty, Dattajustin Toshihiro Dougherty-Williams, filed. Motion Docket Date 9/21/2021. (Attachments: # 1 Proposed Order)(Spencer, Nickolas) (Entered: 08/31/2021)
08/31/2021 118 ORDER granting 117 Motion to Withdraw as Attorney. Attorney Nickolas Anthony Spencer is withdrawn. (Signed by Judge Keith P Ellison) Parties notified.(gclair, 4) (Entered: 08/31/2021)
It’s All About the Key Laws During a Pandemic for This Home in Kingwood
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