LIT UPDATE
JUL 5, AUG 14, NOV 7, 2024
Property is listed for Aug. 6, 2024 auction by the Wolves of Foreclosure, Mackie Wolf.
Update Nov 7, 2024:
No TRSale Deed recorded, HCAD and real property records remain the same, homeowner listed as owner.
Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset- Backed Pass-Through Certificates, Series 2005-R5 v. Zapata
(4:23-cv-00579)
District Court, S.D. Texas
FEB 15, 2023 | REPUBLISHED BY LIT: JUL 30, 2023
JUL 27, AUG 18, SEP 15, OCT 1, NOV 13, DEC 27, 2023
APR 28, JUN 23, NOV 7, 2024
Above is the date LIT Last updated this article.
PACER NOT WORKING FOR LIT
LIT is having issues downloading from it’s Pacer Account. We’ll Update the Docket as soon as we can.
This home could have been scheduled for March, April, May, or June for non-judicial foreclosure.
LIT has been unable to locate the notice of sale for July of 2024 but Zillow is showing that it has been listed for sale by auction.com
The property was slated for foreclosure in 2014 when the substitute trustees were last appointed.
Rather, these foreclosure mill lawyers persecute specifically targeted homeowners, like 85-yr old Joanna Burke – even when it’s time-barred.
Entry of default judgment in favor of Deutsche Bank entered by order and signed by Judge Werlein
Terminate Deadlines (PUBLIC ENTRY)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:23-cv-00579
| Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset- Backed Pass-Through Certificates, Series 2005-R5 v. Zapata et al Assigned to: Judge Ewing Werlein, Jr Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 02/15/2023 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 09/25/2023 | 19 | REQUEST for Entry of Default against All Defendants by Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset- Backed Pass-Through Certificates, Series 2005-R5, filed. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Frame, Nicholas) (Entered: 09/25/2023) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 11/13/2023 19:09:39 |
ORDER Granting 17 Second MOTION for Continuance of Initial Conference. Initial Conference is RESET to 9/29/2023 at 03:30 PM in Room 11521 before Judge Ewing Werlein, Jr.(Signed by Judge Ewing Werlein, Jr) Parties notified. (marflores, 4) (Entered: 08/10/2023)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:23-cv-00579
| Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset- Backed Pass-Through Certificates, Series 2005-R5 v. Zapata et al Assigned to: Judge Ewing Werlein, Jr Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 02/15/2023 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 08/10/2023 | 14 | RETURN of Service of SUMMONS Executed as to Benigna Bernal Zapata served on 6/6/2023, answer due 6/27/2023, filed.(Frame, Nicholas) (Entered: 08/10/2023) |
| 08/10/2023 | 15 | RETURN of Service of SUMMONS Executed as to Benigna Beatriz Zapata served on 6/6/2023, answer due 6/27/2023, filed.(Frame, Nicholas) (Entered: 08/10/2023) |
| 08/10/2023 | 16 | RETURN of Service of SUMMONS Executed as to Antonio Bernal served on 6/6/2023, answer due 6/27/2023, filed.(Frame, Nicholas) (Entered: 08/10/2023) |
| 08/10/2023 | 17 | Second MOTION for Continuance of Initial Conference by Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset- Backed Pass-Through Certificates, Series 2005-R5, filed. Motion Docket Date 8/31/2023. (Attachments: # 1 Proposed Order)(Frame, Nicholas) (Entered: 08/10/2023) |
| 08/10/2023 | 18 | ORDER Granting 17 Second MOTION for Continuance of Initial Conference. Initial Conference is RESET to 9/29/2023 at 03:30 PM in Room 11521 before Judge Ewing Werlein, Jr.(Signed by Judge Ewing Werlein, Jr) Parties notified. (marflores, 4) (Entered: 08/10/2023) |
| PACER Service Center | |||
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| Transaction Receipt | |||
| 08/18/2023 15:48:31 |
ORDER Granting 12 MOTION for Continuance of Initial Conference.
Initial Conference is RESET to 8/11/2023 at 03:30 PM in Room 11521 before Judge Ewing Werlein, Jr.
(Signed by Judge Ewing Werlein, Jr) Parties notified. (marflores, 4) (Entered: 06/01/2023)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:23-cv-00579
| Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset- Backed Pass-Through Certificates, Series 2005-R5 v. Zapata et al Assigned to: Judge Ewing Werlein, Jr Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 02/15/2023 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Plaintiff | ||
| Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset- Backed Pass-Through Certificates, Series 2005-R5 | 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 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 | ||
| Benigna Beatriz Zapata | ||
| Defendant | ||
| Alexandro Zapata | ||
| Defendant | ||
| Antonio Bernal | ||
| Defendant | ||
| Jorge Zapata | ||
| Defendant | ||
| Jesus Zapata | ||
| Defendant | ||
| Beatriz Zapata | ||
| Defendant | ||
| Benigna Bernal Zapata | ||
| Date Filed | # | Docket Text |
|---|---|---|
| 05/09/2023 | 8 | RETURN of Service of SUMMONS Executed as to Beatriz Zapata served on 4/10/2023, answer due 5/1/2023, filed.(Frame, Nicholas) (Entered: 05/09/2023) |
| 05/19/2023 | 9 | RETURN of Service of SUMMONS Executed as to Alexandro Zapata served on 4/10/2023, answer due 5/1/2023, filed.(Frame, Nicholas) (Entered: 05/19/2023) |
| 05/19/2023 | 10 | RETURN of Service of SUMMONS Executed as to Jesus Zapata served on 4/10/2023, answer due 5/1/2023, filed.(Frame, Nicholas) (Entered: 05/19/2023) |
| 05/24/2023 | 11 | RETURN of Service of SUMMONS Executed as to Jorge Zapata served on 5/5/2023, answer due 5/26/2023, filed.(Frame, Nicholas) (Entered: 05/24/2023) |
| 05/30/2023 | 12 | MOTION for Continuance of Initial Conference by Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset- Backed Pass-Through Certificates, Series 2005-R5, filed. Motion Docket Date 6/20/2023. (Attachments: # 1 Proposed Order)(Frame, Nicholas) (Entered: 05/30/2023) |
| 06/01/2023 | 13 | ORDER Granting 12 MOTION for Continuance of Initial Conference. Initial Conference is RESET to 8/11/2023 at 03:30 PM in Room 11521 before Judge Ewing Werlein, Jr. (Signed by Judge Ewing Werlein, Jr) Parties notified. (marflores, 4) (Entered: 06/01/2023) |
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| Transaction Receipt | |||
| 07/30/2023 11:20:41 |
Wild West Hired Guns Misfire: PHH ONITY’s Cooked-Up n’ Cockamamie Arguments Implode
Judge Werlein recused in July and hence ONITY’s argument is frivolous, and their motion for summary judgment violates court procedures.
Southern District Court in Houston: Addressing the Missing USPS Express Mail with Specificity
All non-attorney pro se litigants must deliver or mail filings to the Clerk’s Office, as per SD TX Guidelines for Litigants Without Lawyers.
It’s the Wolves of Wilmington With Another Foreclosure Case Before Judge Ewing Werlein, Jr.
It’s the new pack together with former BDF sanctioned lawyer Crystal Gibson and John Gregory for the Wolves of Foreclosure.
