U.S. Bank National Association v. Felder
(4:22-cv-04350)
District Court, S.D. Texas, Judge Lee Rosenthal
DEC 15, 2022 | REPUBLISHED BY LIT: SEP 11, 2024
SEP 11, OCT 18,
NOV. 20, 2024
Above is the date LIT Last updated this article.
Plaintiff U.S. Bank National Association, as Trustee, for the C-Bass Mortgage Loan Asset Backed-Certificates (“Plaintiff or “U.S. Bank”) suggests upon the record the death of Defendant Jarl Felder.
Upon information and belief, Defendant Jarl Felder died on October 1, 2023.
Upon information and belief, no probate matter is open for Jarl Felder, Deceased.
Plaintiff employed a private investigator to research the heirs of Jarl Fedler and is attaching the investigator’s findings as Exhibit A.
Plaintiff has confirmed the named defendants in this case are the surviving heirs and wishes to proceed in accordance with Fed. R. Civ. P. 25(a)(2).
SUGGESTION OF DEATH as to Jarl Felder by U.S. Bank National Association, filed.
(Attachments: # 1 Exhibit) (Frame, Nicholas) (Entered: 09/10/2024)
MOTION for Appointment of Attorney Ad Litem for Defendants Jarl Felder and Latonya Felder
ORDER Granting 43 MOTION for Appointment of Attorney Ad Litem for Defendants Jarl Felder and Latonya Felder (Signed by Judge Lee H Rosenthal)
Plaintiff U.S. Bank National Association., as Trustee for the C-Bass Mortgage Loan Asset Backed-Certificates, Series 2007-RP1 (“Plaintiff” or “US Bank”)) files this Motion for Substituted Service on Defendant Jacqualine Felder (“Motion”) and, in support of thereof, respectfully shows as follows:
1. On December 15, 2022, Plaintiff, as a secured lienholder, filed its Original Complaint seeking a judgment from this Court allowing foreclosure on Defendants Jarl Felder, LaTonya Felder, Erick Felder, Shannon Felder, and Jacqualine Felder’s (“Defendants”) interest concerning
real property located at 105 Felder, Willis, Texas, 77378,
more particularly described in the Deed of Trust as:
BLOCK 13, LOT 14, TURNER HEIGHTS, MONTGOMERY COUNTY, TEXAS. (the “Property”) [ECF Document No. 1].
2. On January 6, 2023, Plaintiff filed its First Amended Complaint (“Complaint”) against Defendants. [ECF No. 6].
3. Despite due diligence, Plaintiff has been unable to serve Defendant Jacqualine Felder. Therefore, Plaintiff asks the Court to authorize substituted service on her.
4. Plaintiff attempted to personally serve Jacqualine Felder, on at least six (6) occasions at her usual place of abode, 1809 North Hampton Drive, Conroe, Texas, 77303 but has not been successful.
Evidence of the attempts is shown by the process server’s Affidavit attached hereto, incorporated herein as Exhibit A.
5. Plaintiff has been unsuccessful in serving Jacqualine Felder at her usual place of abode, where she can be found.
Accordingly, Plaintiff asks the Court to authorize it to serve Jacqualine Felder by either:
1) posting a copy of the citation and petition on the front door of the property located at 1809 North Hampton Drive, Conroe, Texas 77303; or
2) leaving a copy of the citation and complaint with someone over sixteen (16) years of age at the above-referenced address.
WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests that the Court grant its Motion for Substituted Service on Defendant Jacqualine Felder and authorize substituted service on Defendant Jacqualine Felder by securing the document to the front door entrance at 1809 North Hampton Drive, Conroe, Texas 77303 or by leaving a true copy of the summons and the attached complaint with anyone more than sixteen years of age, and grant other further relief to which it may be justly entitled at law or in equity.
Respectfully submitted,
By: /s/ Nicholas M. Frame
MARK D. CRONENWETT
Attorney in Charge
Texas Bar No. 00787303
Southern District Admission # 21340
mcronenwett@mwzmlaw.com
NICHOLAS M. FRAME
Of Counsel
Texas Bar No. 24093448
Southern District Admission # 3121681
nframe@mwzmlaw.com
MACKIE WOLF ZIENTZ & MANN, PC
14160 North Dallas Parkway, Ste. 900
Dallas, Texas 75254
Telephone: (214) 635-2650
Facsimile: (214) 635-2686
ATTORNEYS FOR PLAINTIFF
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-04350
| U.S. Bank National Association v. Felder et al Assigned to: Judge Lee H Rosenthal Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 12/15/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| U.S. Bank National Association as Trustee for the C-Bass Mortgage Loan Asset Backed-Certificates, Series 2007-RP1 |
represented by | Nicholas Michael Frame Mackie Wolf Zientz Mann, P.C. 5177 Richmond Avenue Suite 1230 Houston, TX 77056 713-730-3219 Email: nframe@mwzmlaw.com ATTORNEY TO BE NOTICEDMark Douglas Cronenwett Lewis Brisbois Bisgaard & Smith LLP 2100 Ross Ave Ste 2000 Dallas, TX 75201 214-722-7100 Email: mark.cronenwett@lewisbrisbois.com ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Jarl Felder | represented by | Gail M Brownfeld BROWNFELD LAW FIRM, PLLC 700 Louisiana Street, Suite 3950 Houston, TX 77002 713-898-5778 Email: gbrownfeld@brownfeldlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| LaTonya Felder | represented by | Gail M Brownfeld (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| Erick Felder | ||
| Defendant | ||
| Shannon Felder | ||
| Defendant | ||
| Jacqueline Felder | ||
| ad Litem | ||
| Gail M Brownfeld | represented by | Gail M Brownfeld (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 04/03/2024 | 43 | MOTION for Appointment of Attorney Ad Litem for Defendants Jarl Felder and Latonya Felder by U.S. Bank National Association, filed. Motion Docket Date 4/24/2024. (Attachments: # 1 Proposed Order) (Frame, Nicholas) (Entered: 04/03/2024) |
| 05/10/2024 | 44 | ORDER Granting 43 MOTION for Appointment of Attorney Ad Litem for Defendants Jarl Felder and Latonya Felder (Signed by Judge Lee H Rosenthal) Parties notified. (mmm4) (Entered: 05/10/2024) |
| 06/21/2024 | 45 | Unopposed MOTION Ad Litem Report and Unopposed Motion to Allow Supplemental Report by Gail M Brownfeld, filed. Motion Docket Date 7/12/2024. (Attachments: # 1 Proposed Order) (Brownfeld, Gail) (Entered: 06/21/2024) |
| 06/24/2024 | 46 | ORDER granting 45 Unopposed MOTION Ad Litem Report and Unopposed Motion to Allow Supplemental Report (Submission of supplemental report due by 7/8/2024)(Signed by Judge Lee H Rosenthal) Parties notified. (glc4) (Entered: 06/24/2024) |
| 07/08/2024 | 47 | Supplemental SUPPLEMENT to 45 Unopposed MOTION Ad Litem Report and Unopposed Motion to Allow Supplemental Report by Gail M Brownfeld, filed. (Brownfeld, Gail) (Entered: 07/08/2024) |
| 09/10/2024 | 48 | SUGGESTION OF DEATH as to Jarl Felder by U.S. Bank National Association, filed. (Attachments: # 1 Exhibit) (Frame, Nicholas) (Entered: 09/10/2024) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 09/11/2024 12:37:39 |
After 15 years, homeowners the Howards are waiting for final judgment in their favor at the lower court on remand. The question remains, will it be appealed for another few years of litigation by PNC and their notorious counsel? https://t.co/3UUR07vjax
— lawsinusa (@lawsinusa) September 11, 2024
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