Debt Collector

It’s Mackie Wolf Again Comin’ Along With Another Questionable Statement

Foreclosure mill lawyers Mackie Wolf excuse conferring with the pro se litigants as ‘not necessary’. That is contrary to the confer rule.

HSBC Bank USA, National Association As Trustee For Mastr Reperforming Loan Trust 2005-2 Mortgage Pass-Through Certificates v. Kelly

(4:20-cv-00976)

District Court, S.D. Texas

AUG 4, 2021 | REPUBLISHED BY LIT: AUG 17, 2021

No Confer, No Problem

Default signed off and $6k+ in attorney fees to Mackie Wolf by Judge Hanen.

WOW! NO ATTEMPT MADE TO CONFER.

“ If a conference was not held, the certificate must explain why it was not possible to confer, in which event the motion will be presumed to be opposed.” Valderas v. City of Lubbock, 937 F.3d 384, 391 n.11 (5th Cir. 2019)

CERTIFICATE OF CONFERENCE

The undersigned certifies that no Defendants have filed an answer and/or otherwise appeared in this action. Therefore, a certificate of conference is not necessary.

/s/ Vivian N. Lopez
VIVIAN N. LOPEZ

That’s wrong, especially since you’re dealing with pro se litigants ages from as young as 21 years old. It was possible to confer. You have to try and reach out to them. The rule does not say ‘it is not necessary’.

Plaintiff HSBC Bank USA, National Association as Trustee for Mastr Reperforming Loan Trust 2005-2 Mortgage Pass-Through Certificates (“Plaintiff”) files this Motion to Cancel Initial Scheduling Conference Hearing, and respectfully shows as follows:

1. On March 17, 2020, Plaintiff filed its Original Complaint against Defendants Jessica Kelly, Kiersten Kelly and Clayton Kelly (“Defendants”) seeking and order for foreclosure on the real property and improvements commonly known as 15818 Oakendell Drive, Houston, TX 77084 (“Property”) due to an event of default on the subject loan. (ECF Doc. No. 1)

2. Plaintiff completed service on Defendants Clayton Kelly and Kiersten Kelly on July 28, 2020. (ECF Nos. 11 and 12.) Plaintiff completed service on Defendant Jessica Kelly on July 31, 2020. (ECF no. 10.) Defendants have not answered or otherwise appeared in this action. On October 29, 2020, Plaintiff sought an entry of default from the Clerk and a default judgment against all Defendants. (ECF Doc. Nos. 13 and 14.)

3. On April 12, 2021, this Court entered an order abating this case until May 24, 2021, upon Plaintiff’s request. Per the order, upon expiration of the abatement period, the case would be reinstated automatically without further order from the Court. (ECF No. 25.)

4. The abatement period has expired and now this case is considered automatically reinstated. Default has been entered against Defendants, but Plaintiff’s Motion for Default Judgment remains pending adjudication from this Court. (ECF Doc. No. 27.) This matter is currently set for an initial scheduling conference on August 11, 2021 (ECF Doc. No. 28.)

5. In light of Defendants’ failure to appear, Plaintiff is not able to confer with them or prepare a Joint Discovery Plan. Further, if the Court eventually grants Plaintiff’s Motion for Default Judgment, the need for a Joint Discovery Plan will be moot.

6. Accordingly, for the reasons stated above and since Plaintiff’s Motion for Default Judgment against Defendants is still currently under consideration of the Court, Plaintiff requests that the Court cancel the referenced setting until the Court evaluates Plaintiff’s request for default.

WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests that the Court cancel the initial scheduling conference scheduled for August 11, 2021 and to grant Plaintiff any other relief at law or in equity to which Plaintiff is entitled.

Respectfully submitted,

By: /s/ Vivian N. Lopez
MARK D. CRONENWETT
Texas Bar No. 00787303
Southern District Admission #21340
mcronenwett@mwzmlaw.com

VIVIAN N. LOPEZ
State Bar No. PR20818
Southern District Admission #3504182
vlopez@mwzmlaw.com

MACKIE WOLF ZIENTZ & MANN, P. C.
14160 North Dallas Parkway, Suite 900
Dallas, TX 75254
Telephone: (713) 730-3218
Facsimile: (214) 635-2686

ATTORNEYS FOR PLAINTIFF

CERTIFICATE OF CONFERENCE

The undersigned certifies that no Defendants have filed an answer and/or otherwise appeared in this action. Therefore, a certificate of conference is not necessary.

/s/ Vivian N. Lopez
VIVIAN N. LOPEZ

CERTIFICATE OF SERVICE

The undersigned certifies that on August 4, 2021 a true and correct copy of the foregoing document was delivered to the following Defendants in the manner described below:

Via U.S. Mail
Jessica Kelly
4311 Jura Drive,
Houston, TX 77084

Via U.S. Mail
Clayton Kelly
4903 Cheena Drive,
Houston, TX 77096

Via U.S. Mail
Kiersten Kelly
4903 Cheena Drive,
Houston, TX 77096

/s/ Vivian N. Lopez
VIVIAN N. LOPEZ

Mackie Wolf’s 3rd Abatement in this Foreclosure Case with Judge Hoyt has Expired. Is Summary Judgment Next?

 After lengthy abatement, it looks like this case is about to fire into action. LIT is tracking the case. Bookmark for updates.

Death and Foreclosure: Montoya’s Home is Worth $86k and Mackie Wolf Want $15k Attorney Fees

And Chief Judge, Orlando Garcia grants the foreclosure mill their wish, stripping any equity left in the home for the heirs of family estate.

The Texas Wagon Wheel Property Ain’t Bein’ Foreclosed Upon, For Now Sayeth Mackie Wolf

This dismissal will not act to abandon Plaintiff’s acceleration of the subject mortgage loan notified on April 15, 2021.

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:20-cv-00976

HSBC Bank USA, National Association As Trustee For Mastr Reperforming Loan Trust 2005-2 Mortgage Pass-Through Certificates v. Kelly et al
Assigned to: Judge Andrew S Hanen
Cause: 28:1332 Diversity-Breach of Contract
Date Filed: 03/17/2020
Date Terminated: 08/04/2021
Jury Demand: None
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity
Plaintiff
HSBC Bank USA, National Association As Trustee For Mastr Reperforming Loan Trust 2005-2 Mortgage Pass-Through Certificates represented by Samin Hessami
Mackie Wolf et al
5177 Richmond Ave.
Ste 1230
Houston, TX 77056
214-635-2650
Email: shessami@mwzmlaw.com
ATTORNEY TO BE NOTICEDVivian Nahir Lopez
Mackie Wolf Zientz & Mann, P.C.
14160 North Dallas Parkway, Suite 900
Dallas, TX 75254
214-635-2662
Email: vlopez@mwzmlaw.com
ATTORNEY TO BE NOTICEDMark Douglas Cronenwett
Mackie Wolf Zientz & Mann, P.C.
14160 N. Dallas Parkway, Ste. 900
Dallas, TX 75254
214-635-2650
Fax: 214-635-2686
Email: mcronenwett@mwzmlaw.com
ATTORNEY TO BE NOTICED
V.
Defendant
Jessica Kelly
Defendant
Kiersten Kelly
Defendant
Clayton Kelly

 

Date Filed # Docket Text
03/17/2020 1 COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-24427906) filed by HSBC Bank USA, National Association As Trustee For Mastr Reperforming Loan Trust 2005-2 Mortgage Pass-Through Certificates. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Cronenwett, Mark) (Entered: 03/17/2020)
03/17/2020 2 CERTIFICATE OF INTERESTED PARTIES by HSBC Bank USA, National Association As Trustee For Mastr Reperforming Loan Trust 2005-2 Mortgage Pass-Through Certificates, filed.(Hessami, Samin) (Entered: 03/17/2020)
03/17/2020 3 Request for Issuance of Summons as to All Defendants, filed.(Hessami, Samin) (Entered: 03/17/2020)
03/18/2020 4 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 8/25/2020 at 10:00 AM in Courtroom 704 before Magistrate Judge Frances H Stacy(Signed by Judge Andrew S Hanen) Parties notified.(ckrus, 4) (Entered: 03/18/2020)
03/18/2020 5 Docket in Error – Summons Issued as to Clayton Kelly. Issued summons delivered to plaintiff by NEF, filed.(hlerma, 4) Modified on 3/18/2020 (hlerma, 4). (Entered: 03/18/2020)
03/18/2020 6 Summons Issued as to Clayton Kelly, Jessica Kelly, Kiersten Kelly. Issued summons delivered to plaintiff by NEF, filed.(hlerma, 4) (Entered: 03/18/2020)
07/27/2020 7 MOTION for Extension of Time (Extend Deadline to Complete Service and Continue Initial Conference), by HSBC Bank USA, National Association As Trustee For Mastr Reperforming Loan Trust 2005-2 Mortgage Pass-Through Certificates, filed. Motion Docket Date 8/17/2020. (Attachments: # 1 Proposed Order)(Hessami, Samin) (Entered: 07/27/2020)
08/03/2020 8 NOTICE of Referral of Motion to Magistrate Judge Frances H. Stacy re 7 MOTION for Extension of Time (Extend Deadline to Complete Service and Continue Initial Conference),, filed. (rhawkins) (Entered: 08/03/2020)
08/05/2020 9 ORDER Granting 7 MOTION for Extension of Time to Extend Deadline to Complete Service and Continue Initial Conference. Plaintiff shall have ninety (90) days from the date this Order is entered to effect service….***Initial Rule 16 Scheduling Conference reset for 12/2/2020 at 10:00 AM in by video before Magistrate Judge Frances H Stacy. (Signed by Magistrate Judge Frances H Stacy) Parties notified.(sanderson, 4) (Entered: 08/05/2020)
08/06/2020 10 RETURN of Service of SUMMONS Executed as to Jessica Kelly served on 7/31/2020, answer due 8/21/2020, filed.(Hessami, Samin) (Entered: 08/06/2020)
08/06/2020 11 RETURN of Service of SUMMONS Executed as to Clayton Kelly served on 7/28/2020, answer due 8/18/2020, filed.(Hessami, Samin) (Entered: 08/06/2020)
08/06/2020 12 RETURN of Service of SUMMONS Executed as to Kiersten Kelly served on 7/28/2020, answer due 8/18/2020, filed.(Hessami, Samin) (Entered: 08/06/2020)
10/29/2020 13 REQUEST for Entry of Default against All Defendants by HSBC Bank USA, National Association As Trustee For Mastr Reperforming Loan Trust 2005-2 Mortgage Pass-Through Certificates, filed. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Hessami, Samin) (Entered: 10/29/2020)
10/29/2020 14 MOTION for Default Judgment against All Defendants by HSBC Bank USA, National Association As Trustee For Mastr Reperforming Loan Trust 2005-2 Mortgage Pass-Through Certificates, filed. Motion Docket Date 11/19/2020. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Hessami, Samin) (Entered: 10/29/2020)
11/23/2020 15 Order Resetting Conference. Initial Conference set for 12/2/2020 at 10:00 AM before Magistrate Judge Frances H Stacy(Signed by Magistrate Judge Frances H Stacy) Parties notified.(bwhite, 4) (Entered: 11/23/2020)
11/23/2020 16 MOTION to Cancel Initial Scheduling Conference Hearing, by HSBC Bank USA, National Association As Trustee For Mastr Reperforming Loan Trust 2005-2 Mortgage Pass-Through Certificates, filed. Motion Docket Date 12/14/2020. (Attachments: # 1 Proposed Order)(Lopez, Vivian) (Entered: 11/23/2020)
11/24/2020 17 NOTICE of Referral of Motion to Magistrate Judge Frances H. Stacy re 16 MOTION to Cancel Initial Scheduling Conference Hearing,, filed. (rhawkins) (Entered: 11/24/2020)
11/30/2020 18 NOTICE of Resetting. Parties notified. Initial Conference set for 2/4/2021 at 10:00 AM before Magistrate Judge Frances H Stacy, filed. (bwhite, 4) (Entered: 11/30/2020)
01/25/2021 19 NOTICE of Resetting. Parties notified. Initial Conference set for 4/14/2021 at 10:00 AM before Magistrate Judge Frances H Stacy, filed. (bwhite, 4) (Entered: 01/25/2021)
01/26/2021 20 MOTION to Abate by HSBC Bank USA, National Association As Trustee For Mastr Reperforming Loan Trust 2005-2 Mortgage Pass-Through Certificates, filed. Motion Docket Date 2/16/2021. (Attachments: # 1 Proposed Order)(Cronenwett, Mark) (Entered: 01/26/2021)
02/10/2021 21 MOTION to Withdraw 20 MOTION to Abate by HSBC Bank USA, National Association As Trustee For Mastr Reperforming Loan Trust 2005-2 Mortgage Pass-Through Certificates, filed. Motion Docket Date 3/3/2021. (Attachments: # 1 Proposed Order)(Lopez, Vivian) (Entered: 02/10/2021)
04/06/2021 22 Order Resetting Conference. Initial Conference set for 4/16/2021 at 10:00 AM before Magistrate Judge Frances H Stacy(Signed by Magistrate Judge Frances H Stacy) Parties notified.(bwhite, 4) (Entered: 04/06/2021)
04/08/2021 23 MOTION to Abate by HSBC Bank USA, National Association As Trustee For Mastr Reperforming Loan Trust 2005-2 Mortgage Pass-Through Certificates, filed. Motion Docket Date 4/29/2021. (Attachments: # 1 Proposed Order)(Lopez, Vivian) (Entered: 04/08/2021)
04/12/2021 24 NOTICE of Resetting. Parties notified. Initial Conference set for 6/3/2021 at 10:00 AM before Magistrate Judge Frances H Stacy, filed. (bwhite, 4) (Entered: 04/12/2021)
04/12/2021 25 ORDER granting 23 Motion to Abate.(Signed by Judge Andrew S Hanen) Parties notified.(gkelner, 4) (Entered: 04/12/2021)
05/21/2021 26 NOTICE of Resetting. Parties notified. Initial Conference set for 8/11/2021 at 10:00 AM in by telephone before Magistrate Judge Frances H Stacy, filed. (bwhite, 4) (Entered: 05/21/2021)
07/20/2021 27 Clerks ENTRY OF DEFAULT against Clayton Kelly, Jessica Kelly, Kiersten Kelly. Parties notified.(rhawkins) (Entered: 07/20/2021)
07/20/2021 28 Order Resetting Conference. Initial Conference set for 8/11/2021 at 10:00 AM before Magistrate Judge Frances H Stacy(Signed by Magistrate Judge Frances H Stacy) Parties notified.(bwhite, 4) (Entered: 07/20/2021)
08/04/2021 29 Second MOTION to Cancel Initial Conference, by HSBC Bank USA, National Association As Trustee For Mastr Reperforming Loan Trust 2005-2 Mortgage Pass-Through Certificates, filed. Motion Docket Date 8/25/2021. (Attachments: # 1 Proposed Order)(Lopez, Vivian) (Entered: 08/04/2021)
08/04/2021 31 DEFAULT JUDGMENT against Clayton Kelly, Jessica Kelly, Kiersten Kelly 14 MOTION for Default Judgment. Case terminated on August 4, 2021(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) (Entered: 08/05/2021)
08/05/2021 30 NOTICE of Referral of Motion to Magistrate Judge Frances H. Stacy re 29 Second MOTION to Cancel Initial Conference,, filed. (rhawkins) (Entered: 08/05/2021)
It’s Mackie Wolf Again Comin’ Along With Another Questionable Statement
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Laws In Texas is a blog about the Financial Crisis and how the banks and government are colluding against the citizens and homeowners of the State of Texas and relying on 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. We are citizens of the State of Texas who have spent a decade in the court system in Texas and have been party to during this period to the good, the bad and the very ugly.

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