Debt Collector

James Martzall Dumps Lawyer Jeffrey Jackson And Files Suit Against His Mortgage Servicer, Pro Se

The filing of the present suit seeks to stop and has halted a foreclosure attempt on property at 16543 Inwood Cove, San Antonio, Texas.

James Martzall v. Select Portfolio Servicing, Inc.

(5:22-cv-00018)

District Court, W.D. Texas

JUN 9, 2022 | REPUBLISHED BY LIT: JUN 10, 2022

A BANK (TRUSTEE) IS NOT LIABLE FOR SERVICERS OBLIGATIONS, THE LAWSUITS SHOULD BE SEPARATE (IN RE RIDDLE, 5TH CIR.)

ORDER OF DISMISSAL, The Court construes Plaintiff’s Advisory as a Notice of Dismissal. 38 Advisory to the Court filed by James Martzall

U.S. District Court [LIVE]
Western District of Texas (San Antonio)
CIVIL DOCKET FOR CASE #: 5:22-cv-00018-XR

Martzall v. Deutsche Bank National Trust Company
Assigned to: Judge Xavier Rodriguez

Case in other court:  131st Judicial District Court, Bexar County, Texas, 2021CI26353

Cause: 28:1441 Petition for Removal – Foreclosure

Date Filed: 01/10/2022
Date Terminated: 10/05/2022
Jury Demand: Defendant
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Federal Question

 

Date Filed # Docket Text
08/31/2022 36 MOTION for Summary Judgment by Deutsche Bank National Trust Company, as Indenture Trustee, on behalf of the holders of the Accredited Mortgage Loan Trust 2006-2 Asset Backed Notes, Select Portfolio Servicing, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1-A, # 3 Exhibit 1-B, # 4 Exhibit 1-C, # 5 Exhibit 1-D, # 6 Exhibit 1-E, # 7 Exhibit 1-F, # 8 Exhibit 1-G, # 9 Exhibit 2, # 10 Exhibit 3, # 11 Proposed Order)(Hord, Michael) (Entered: 08/31/2022)
09/01/2022 37 MOTION for Sanctions by Deutsche Bank National Trust Company, as Indenture Trustee, on behalf of the holders of the Accredited Mortgage Loan Trust 2006-2 Asset Backed Notes, Select Portfolio Servicing, Inc.. (Attachments: # 1 Proposed Order)(Hord, Michael) (Entered: 09/01/2022)
10/03/2022 38 ADVISORY TO THE COURT by James Martzall. (wg) (Entered: 10/03/2022)
10/05/2022 39 ORDER OF DISMISSAL, The Court construes Plaintiff’s Advisory as a Notice of Dismissal. 38 Advisory to the Court filed by James Martzall, DENIED 37 MOTION for Sanctions filed by Deutsche Bank National Trust Company, as Indenture Trustee, on behalf of the holders of the Accredited Mortgage Loan Trust 2006-2 Asset Backed Notes, Select Portfolio Servicing, Inc., The Clerk is DIRECTED to send this Order to James Martzall 16543 Inwood Cove, San Antonio, Texas 78248. Signed by Judge Xavier Rodriguez. (wg) (Entered: 10/05/2022)

 


 

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Transaction Receipt
10/05/2022 19:15:17

ORDER, that Plaintiff shall no later than September 16, 2022, Plaintiff must file a notice advising the Court whether he intends to proceed pro se or whether he has secured counsel, who must also enter a notice of appearance no later than September 16, 2022.

U.S. District Court [LIVE]
Western District of Texas (San Antonio)
CIVIL DOCKET FOR CASE #: 5:22-cv-00018-XR

Martzall v. Deutsche Bank National Trust Company
Assigned to: Judge Xavier Rodriguez

Case in other court:  131st Judicial District Court, Bexar County, Texas, 2021CI26353

Cause: 28:1441 Petition for Removal – Foreclosure

Date Filed: 01/10/2022
Jury Demand: Defendant
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Federal Question

 

Date Filed # Docket Text
08/19/2022 34 ORDER, that Plaintiff shall no later than September 16, 2022, Plaintiff must file a notice advising the Court whether he intends to proceed pro se or whether he has secured counsel, who must also enter a notice of appearance no later than September 16, 2022. Failure to do so may subject Plaintiffsclaims to dismissal for failure to prosecute re 32 Order, Terminate Motions. Signed by Judge Xavier Rodriguez. (wg) (Entered: 08/19/2022)
08/19/2022 35 AMENDED SCHEDULING ORDER, ( ADR Mediation Completed by 10/17/2022,, Discovery due by 10/3/2022,, Dispositive Motions due by 10/31/2022,, Jury Selection set for 2/6/2023 10:30AM before Judge Xavier Rodriguez,, Jury Trial set for 2/6/2023 10:30 AM before Judge Xavier Rodriguez,, Pretrial Conference set for 1/19/2023 10:30 AM before Judge Xavier Rodriguez,). Signed by Judge Xavier Rodriguez. (wg) (Entered: 08/19/2022)

 


 

PACER Service Center
Transaction Receipt
08/24/2022 07:50:29

U.S. District Court [LIVE]
Western District of Texas (San Antonio)
CIVIL DOCKET FOR CASE #: 5:22-cv-00608-XR

James Martzall v. Select Portfolio Servicing, Inc.
Assigned to: Judge Xavier Rodriguez
Lead case: 5:22-cv-00018-XR
Member case: (View Member Case)

Case in other court:  225th Judicial District, Bexar County, Texas, 2022CI10273

Cause: 28:1441 Petition for Removal – Foreclosure

Date Filed: 06/09/2022
Date Terminated: 06/28/2022
Jury Demand: None
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity

 

Date Filed # Docket Text
06/13/2022 4 MOTION to Consolidate Cases by Select Portfolio Servicing, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Proposed Order). Motions referred to Judge Elizabeth S. Chestney. (Hord, Michael) (Entered: 06/13/2022)
06/13/2022 5 ORDER WITHDRAWING ORDER OF REFERRAL re 3 Order Referring Case to Magistrate Judge, CASE NO LONGER REFERRED to Magistrate Judge Elizabeth S. Chestney. Signed by Judge Fred Biery. (wg) (Entered: 06/13/2022)
06/13/2022 6 ORDER OF TRANSFER & REASSIGNING CASE, related case SA22CV0018-XR. Case has been directly reassigned to Judge Xavier Rodriguez for all proceedings. Signed by Judge Fred Biery. (wg) (Entered: 06/13/2022)
06/28/2022 7 ORDER GRANTING CONSOLIDATION re 4 MOTION to Consolidate Cases filed by Select Portfolio Servicing, Inc., The Court hereby ORDERS that SA-22-CV-00608-XR be consolidated into SA-22-CV-00018-XR. It is FURTHER ORDERED that all future filings be filed in SA-22-CV-00018-XR. The Clerks Office is therefore DIRECTED to administratively close SA-22-CV-00608-XR pending further order of the Court. Signed by Judge Xavier Rodriguez. (wg) (Entered: 06/28/2022)

 


 

PACER Service Center
Transaction Receipt
07/14/2022 20:50:16

ORDER

On this date, the Court considered Defendant Deutsche Bank’s Motion to Consolidate in SA-22-CV-00018-XR (ECF No. 31) and Defendant Select Portfolio Servicing, Inc.’s Motion to Consolidate in SA-22-CV-00608-XR (ECF No. 4).

After careful consideration, the Court issues the following order.

BACKGROUND

Plaintiff James Martzall (“Martzall”) owns real property located at 16543 Inwood Cove, San Antonio, Texas 78248.

ECF No. 16 ¶ 5.1

Martzall purchased the property for $234,320 on February 28, 2006, with a mortgage loan from Accredited Home Lenders, Inc. secured by a deed of trust that was later assigned to Defendant Deutsche Bank (“Deutsche Bank”) as trustee on behalf of the Accredited Mortgage Loan Trust 2006-2 (“2006-2 Trust”).

Id. ¶¶ 2, 7–8.

Martzall alleges that Select Portfolio Servicing, Inc. (“SPS”) is the agent and mortgage servicer of the mortgage note and deed of trust on behalf of Deutsche Bank, and that both SPS and Deutsche Bank claim the power of sale under the deed of trust.

Id. ¶¶ 9–10.

On July 21, 2014, SPS sent Martzall a notice of intent to accelerate the loan.

Id. ¶ 11.

Between May 2015 and January 2022, SPS and Deutsche Bank filed with the Bexar County Clerk and sent Martzall nine notices of nonjudicial foreclosure.

Id. ¶ 12.

However, none of these scheduled sales took place.

Id. ¶ 13.

According to Martzall, “All of the notices of sale that were filed . . . stated that the amount of the Loan debt was ‘wholly due.’”

Id. ¶ 14.

On December 30, 2021, Martzall filed a lawsuit in the 131st Judicial District Court of Bexar County, naming “Deutsche Bank National Trust Company, as Indenture Trustee, on behalf of the holders of the Accredited Mortgage Loan Trust 2006-2 Asset Backed Notes” as the defendant.

ECF No. 1-4 at 1.

On January 10, 2022, Deutsche Bank timely removed the case to this Court on the basis of diversity jurisdiction.2

ECF No. 1 ¶ 1.

On March 1, 2022, Martzall filed an amended complaint, seeking a permanent injunction preventing Deutsche Bank from interfering with his ownership of the property and a declaratory judgment specifying that any future foreclosure sale is time-barred and that Deutsche Bank’s deed of trust is void.

See ECF No. 16 at 6.

On April 19, 2022, Martzall filed a motion for a preliminary injunction.

ECF No. 21.

SPS and Deutsche Bank had sent Martzall a notice of nonjudicial foreclosure to take place on June 7, 2022.

ECF No. 21-6.

Martzall, therefore, sought a court order enjoining SPS and Deutsche Bank from interfering with his property.3

ECF No. 21 at 8.

After hearing oral argument, the Court denied Martzall’s motion for a preliminary injunction, finding that Martzall had not shown a likelihood of success on the merits.

Text Order, May 13, 2022.

Thereafter, on June 3, 2022, Martzall, proceeding pro se, filed a second lawsuit in the 225th Judicial District Court of Bexar County against SPS, seeking a court order preventing foreclosure of the same property.4

See Pet., Martzall v. Select Portfolio Servicing, Inc., No. 5:22-CV-00608- XR (W.D. Tex. June 9, 2022), ECF No. 1-4.

He obtained a temporary ex parte restraining order temporarily preventing foreclosure of his property.

See Order, Select Portfolio Servicing, No. 5:22- CV-00608-XR, ECF No. 1-5.

On June 9, 2022, SPS removed that action to this Court.

Not. of Removal, Select Portfolio Servicing, No. 5:22-CV-00608-XR, ECF No. 1.

On June 13, 2022, Deutsche Bank and SPS filed motions to consolidate in the removed actions.

See ECF No. 31; see also Mot. to Consol., Select Portfolio Servicing, No. 5-22-CV-00608- XR, ECF No. 4.

DISCUSSION

I. Legal Standard

Federal Rule of Civil Procedure 42 provides that a federal district court may consolidate actions that involves common questions of law or fact. FED. R. CIV. P. 42(a).

The purpose of consolidation is to “avoid unnecessary costs or delay.”

Id.; Frazier v. Garrison Indep. Sch. Dist., 980 F.2d 1514, 1531 (5th Cir.1993).

A district court has very broad discretion in deciding whether to consolidate.

Frazier, 980 F.2d at 1531–32.

In determining whether consolidation is appropriate, the district court examines factors that include the following:

(1) whether the actions are pending before the same court,

(2) whether common parties are involved in the cases,

(3) whether there are common questions of law and/or fact,

(4) whether there is risk of prejudice or confusion if the cases are consolidated, and if so, is the risk outweighed by the risk of inconsistent adjudications of factual and legal issues if the cases are tried separately,

(5) whether consolidation will conserve judicial resources,

(6) whether consolidation will result in an unfair advantage,

(7) whether consolidation will reduce the time for resolving the cases,

and

(8) whether consolidation will reduce the cost of trying the cases separately.

See Harris v. Bexar County, No. SA–08–CV–728–XR, 2009 WL 4059092, at *1 (W.D. Tex. Nov. 23, 2009)

(quoting Zolezzi v. Celadon Trucking Servs. Inc., No. H–08–3508, 2009 WL 736057, at *1 (S.D. Tex. March 16, 2009));

Russo v. Alamosa Holdings, Inc., No. Civ. A. 5:03–CV–312–C, 2004 WL 579378, at *1 (N.D. Tex. Feb. 27, 2004).

II. Analysis

The Court finds that consolidation is proper.

The actions are pending before the same court.

The cases involve common questions of law and fact.

Indeed, both cases involve the same property, transactions, and occurrences.

The only difference is that the second lawsuit identifies SPS as the defendant.

But it is undisputed that SPS is the mortgage servicer for the same loan secured by Martzall’s property.

There is also no risk of prejudice or confusion if the cases are consolidated.

Further, no unfair advantage will result if the cases are consolidated.

Moreover, the interests of judicial economy dictate that the matters be consolidated.

CONCLUSION

Accordingly, Defendant Deutsche Bank’s Motion to Consolidate in SA-22-CV-00018-XR (ECF No. 31) and Defendant Select Servicing Portfolio, Inc.’s Motion to Consolidate in SA-22- CV-00608-XR (ECF No. 4) are hereby GRANTED.
The Court hereby ORDERS that SA-22-CV-00608-XR be consolidated into SA-22-CV- 00018-XR. It is FURTHER ORDERED that all future filings be filed in SA-22-CV-00018-XR.

Given these circumstances, the Court concludes that SA-22-CV-00608-XR is appropriate for administrative closure.

See Mire v. Full Spectrum Lending, Inc., 389 F.3d 163, 167 (5th Cir. 2014).

The Clerk’s Office is therefore DIRECTED to administratively close SA-22-CV-00608- XR pending further order of the Court.

It is so ORDERED. SIGNED this June 28, 2022.

XAVIER RODRIGUEZ
UNITED STATES DISTRICT JUDGE

No movement since the court decided who’s the hand-picked judge on 13th of June, takin’ it back from the magistrate judge.

Catch up with Jim Martzall’s prior case against Deutsche Bank here, where he was represented by “the best foreclosure defense law firms in Texas for stealin’ your dosh to defend you” – as none of these losers ever win a foreclosure for a homeowner, especially against that German-Russian Bank.

So James Martzall has finally made the move to non-prisoner, pro se status.

Follow LIT as we track Jim’s case.

U.S. District Court [LIVE]
Western District of Texas (San Antonio)
CIVIL DOCKET FOR CASE #: 5:22-cv-00608-FB

Create an Alert for This Case on RECAP

James Martzall v. Select Portfolio Servicing, Inc.
Assigned to: Judge Fred Biery

Case in other court:  225th Judicial District, Bexar County, Texas, 2022CI10273

Cause: 28:1441 Petition for Removal – Foreclosure

Date Filed: 06/09/2022
Jury Demand: None
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity
Plaintiff
James Martzall represented by James Martzall
16543 Inwood Cove
San Antonio, TX 78248
PRO SE
V.
Defendant
Select Portfolio Servicing, Inc. represented by Eric C. Mettenbrink
Hirsch & Westheimer, PC
1415 Louisiana
36th Floor
Houston, TX 77002
(713) 220-9141
Fax: (713) 223-9319
Email: emettenbrink@hirschwest.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDMichael F. Hord , Jr.
Hirsch & Westheimer, PC
1415 Louisiana
36th Floor
Houston, TX 77002
(713) 223-5181
Fax: (713) 223-9319
Email: mhord@hirschwest.com
ATTORNEY TO BE NOTICED

 

Date Filed # Docket Text
06/09/2022 1 NOTICE OF REMOVAL by Select Portfolio Servicing, Inc. (Filing fee $402 receipt number 0542-16125224), filed by Select Portfolio Servicing, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit C-1, # 5 Exhibit C-2, # 6 Exhibit C-3, # 7 Exhibit D, # 8 Civil Cover Sheet Civil Cover Sheet)(Hord, Michael) (Entered: 06/09/2022)
06/09/2022 2 JS44 (Civil Cover Sheet) submitted by Select Portfolio Servicing, Inc.. (Hord, Michael) (Entered: 06/09/2022)

 


 

PACER Service Center
Transaction Receipt
06/10/2022 15:01:54

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James Martzall Dumps Lawyer Jeffrey Jackson And Files Suit Against His Mortgage Servicer, Pro Se
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