Judicial Blind Draw Assignment of Federal Foreclosure Cases SDTX (1 Jan- 13 Jun 2022)

‘Blind Draw’ Case Assignments

S.D. Texas Federal Court, Houston
(Jan 2 – Mar 9, 2022)

They Ain’t Random. You’ve Personally Allocated the Cases, Chief….

What we said in our Jan-March analysis has impacted our update.

We said “For example, Judge Eskridge is gettin’ a pass in 2022, but he’s an ‘active’ District Judge.”

Now Judge Eskridge has been allocated 5 cases in short order. Y’all need to teach him how to close out cases though.

And here’s what we said about Judge Hughes:

“Same for Judge Lynn ‘I’ll conduct the foreclosure auction myself’ Hughes, he should obtain no free pass in 2022 either, he should resign as he is completely bias and always in conflict with lawyers, litigants and judges.”

Since this last update, he’s been sanctioned at least twice by the Fifth Circuit for abusing litigants in his Chambers. And he’s still allowed to work. Appalling.

And we see you’ve added more cases to the elder’s of the Ochlocracy clan, Judges Ellison and Lake are obtaining way too many cases compared with the younger Judges on the court – and that includes you too, still taking all those Midfirst, BDF Hopkins and Real Scumbag cases (think sanctioned Jerry Schutza who is pending even more State Bar of Texas sanctions, if the Harris County District Court Judge stops delayin’), it stands out that you’re so biased.

Period: Jan. 2 – Jun. 13, 2022

CHIEF JUDGE LEE ROSENTHAL – 141 CASES

11 FORECLOSURES

1. MidFirst Bank v. McGaffie

The homeowner dies and Mackie Wolf plays grim reaper for the Bank against surviving family members, who are currently being served. On May 29, 2022, the Chief entered default judgment against McGaffie for being non-responsive to proceedings.

2. Townsend v. Midland Mortgage

Mackie Wolf for Midland and new foreclosure defense lawyer Jacob Hyde for the Townsend’s are currently deep in settlement negotiations … (removed from Texas state court by foreclosure law firm).  On March 29, 2022, the Chief presented her Memo and Order, and then dismissed the case on May 5, in favor of Midland.

3. HSBC Bank USA v. Battle

Michael F Hord , Jr of Hirsch Westheimer PC, known foreclosure mill lawyer, starts a new Battle with the non-prisoner, pro se. It would be dismissed without prejudice, despite silence from Battle in federal court.

4. Stevenson v. Specialized Loan Servicing, LLC

Abusive ex-BDF Lawyer Damian Abreo would non-suit this case after we spotlighted this foreclosure case, without prejudice.

5. MidFirst Bank v. Yanchus

The homeowner dies and Mackie Wolf plays grim reaper for the Bank against surviving family members, who are being served and the case moves forward.

6. Mitchell v. Coastline Capital Fund 7, LLC

Robert Clayton Vilt for Mitchell against Mackie Wolf for US Bank. The order from the Chief would say, in part, “Mitchell has responded, informing the court that based on the information he has learned from the initial stages of litigation, he no longer has a factual basis for his claims and agrees that Coastline Capital’s motion to dismiss should be granted.” We doubt Mitchell would say that – Clay Vilt would say that.

7. Bhagia v. PHH Mortgage Services, Inc.

Mackie Wolf for the Bank removed the lawsuit from Texas state court and Real Scumbag pro se Dr. Nick Bhagia needed to hire a lawyer as a corporation and real estate investor (who knows the game) and he would. The Real Scumbag would retain his go-to lawyer, sanctioned attorney, Jerry L. Schutza (who has 2 pending disciplinary matters pending in State Court). The Chief keeps resetting the initial conference, now on July 14 by video.

8. Wilmington Savings Fund Society, FSB v. Rangel Robledo

Mackie Wolf for the Bank went to great lengths to obtain international service approval – to serve Robledo in Mexico – only to non-suit shortly thereafter. The Chief approved the dismissal without prejudice and Robledo gets to keep his Houston vacation home.

9. U.S. Bank NA v. Cadena

Mackie Wolf for the Bank. This complaint was filed in federal court. The Painting Cadena’s have not responded to date. The initial conference has been reset  by order filed June 7, changing conference date to July 29, by video.

10. Ruiz v. Saucedo

BDF Hopkins Removes State Case 24 Hrs After Exposure by LIT and Chief Judge Rosenthal Shows Her Colors. There ain’t no blind draw assignment in this case. It’s the “me against you” Chief Judge of the Southern District Court, Houston Division. Once more, conference pushed back From Jun 17 to to July 22, 2022.

11. Preston v. New Century Mortgage Corporation

This is a more complicated case. It involves Real Scumbags, Locke Lord and a removal from Harris County District Court under questionable terms after homeowner Preston’s counsel, Brandy Alexander, bailed on him. Preston’s just filed a pro-se response on June 27.

Period: Jan. 2 – Mar. 9, 2022

CHIEF JUDGE LEE ROSENTHAL – 48 CASES

7 FORECLOSURES

1. MidFirst Bank v. McGaffie

The homeowner dies and Mackie Wolf plays grim reaper for the Bank against surviving family members, who are currently being served.

2. Townsend v. Midland Mortgage

Mackie Wolf for Midland and new foreclosure defense lawyer Jacob Hyde for the Townsend’s are currently deep in settlement negotiations … (removed from Texas state court by foreclosure law firm).

3. HSBC Bank USA v. Battle

Michael F Hord , Jr of Hirsch Westheimer PC, known foreclosure mill lawyer, starts a new Battle.

4. Stevenson v. Specialized Loan Servicing, LLC

Abusive ex-BDF Lawyer Damian Abreo would non-suit this case after we spotlighted this foreclosure case, without prejudice.

5. MidFirst Bank v. Yanchus

The homeowner dies and Mackie Wolf plays grim reaper for the Bank against surviving family members, who are currently being served.

6. Mitchell v. Coastline Capital Fund 7, LLC

Robert Clayton Vilt for Mitchell against an unknown law firm since Mackie Wolf for US Bank have walked away from the case (removed from Texas state court by Mackie Wolf foreclosure law firm).

7. Bhagia v. PHH Mortgage Services, Inc.

Mackie Wolf for the Bank and pro se Bhagia needs to hire a lawyer as a corporation and real estate investor (who knows the game) and the case was again removed from Texas state court by foreclosure law firm.

Period: Jan. 2 – Jun. 13, 2022

JUDGE KEITH ELLISON – 157 CASES

9 FORECLOSURES

1. Deutsche Bank National Trust Company v. McConn et al

Mackie Wolf represents that German Bank that refuses to leave Russia as they file to steal another Texas and American family home.

2. Wilmington Savings Fund Society, FSB v. Myers

Robert Brandon Hakari of McCarthy Holthus didn’t care for our article, so he’s moved jobs and now been replaced from within as they go all-in for Myers Home.

3. Salak v. PHH Mortgage Corporation

This Houston realtor is facing his own closing, care of PHH and Mackie Wolf (removed from Texas state court by foreclosure law firm). In the end he didn’t contest the foreclosure.

4. Wilmington Savings Fund Society v. Dunn

Kristi Dunn is a non-prisoner, pro se who is actively contesting the wrongful foreclosure. Mackie Wolf for Wilmington.

5. Jones v. U.S. Bank, NA

LIT’s highlighting the targeting of pro se’s in foreclosure cases to label them as ‘vexatious litigants’, yet foreclosure defense attorneys like Newark are representing clients the law says they should not, because of res judicata or similar. So why are lawyers above the law?

6. Strange v. Deutsche Bank National Trust Company

This strange case was Dismissed Without Prejudice, despite Judge Eskridge dismissing Strange’s case With Prejudice only weeks before. We have highlighted in detail the judicial shenanigans surrounding the parties, counsel and the court itself.

7. Johnson v. Freedom Mortgage Corporation

Dustin Johnson takes on the Wolves of Texas, Mackie Wolf in this removed foreclosure.

8. Luna v. Nations Direct Mortgage, LLC

Self professed celebrity and YouTube star, Rachel Luna is a realtor and ‘real estate investor’ facing her own foreclosure drama, represented by Brandy Alexander. No appearance on behalf of Nations Direct, so far. Luna is pro se in another lawsuit in federal court, a case which is consolidated, in-so-far as Judge Ellison has been ‘randomly’ assigned to both cases.

9. Higa v. CMG Mortgage, Inc.

Private Mortgage Loan Originator and Servicer CMG Mortgage Inc. Retains Rogue Foreclosure Mill BDF Hopkins. ORDER for Initial Conference set for 8/12/2022 at 02:00 PM in Courtroom 3A Houston before Judge Keith P Ellison. Foreclosure defense counsel for Higa, Erick DeLaRue has not filed an answer or CIP, which was due on or before June 10, 2022.

Period: Jan. 2 – Mar. 9, 2022

JUDGE KEITH ELLISON – 75 CASES

3 FORECLOSURES

1. Deutsche Bank National Trust Company v. McConn et al

Mackie Wolf represents that German Bank that refuses to leave Russia as they file to steal another Texas and American family home.

2. Wilmington Savings Fund Society, FSB v. Myers

Robert Brandon Hakari of McCarthy Holthus didn’t care for our article, so he’s now been replaced from within as they go all-in for Myers Home.

3. Salak v. PHH Mortgage Corporation

This Houston realtor is facing his own closing, care of PHH and Mackie Wolf (removed from Texas state court by foreclosure law firm).

Period: Jan. 2 – Jun. 13, 2022

JUDGE ANDREW HANEN – 169 CASES

7 FORECLOSURES

1. Sweeney v. NewRez, LLC

David Medearis for the Sweeney’s against SettlePou for NewRez (removed from Texas state court by foreclosure law firm). It’s been remanded to state court as there’s a Rule 11 letter from the Sweeney’s lawyer on May 23, 2022 asking for time until Jun 9 to file a response. He’s missed that deadline. That said, it appears the Sweeney’s have a related case against the HOA before Judge Hittner which was filed pro se on April 18, 2022.

2. Tennyson v. The Bank of New York Mellon

Brandy Michelle Alexander for Tennyson, Branch Masterson Sheppard of Galloway, Johnson, Tompkins, Burr & Smith for BONYM (removed from Texas state court by foreclosure law firm). Both plaintiff and defendants counsel were extremely tardy in filing their respective CIP’s.

3. All About Property, LLC v. Midland Mortgage

Jeffrey Jackson for the Indian Web Development firm which is buying up all affordable housing inventory at foreclosure auctions for cents on the dollar v. Shelley Hopkins of BDF Hopkins and Alan Leeth of Burr & Forman. Hopkins submits a premature motion to dismiss. Case is ongoing.

4. Meeker-Sereno v. Deutsche Bank National Trust Company

Case removed from State court to federal court by Mackie Wolf. Meeker-Sereno is represented by Clay Vilt of Vilt & Associates, a friend of the court and the Wolves. He was given permission to continue with this case on June 22, 2022 after ex-parte conversations with the court.

5. AAKIL Holdings Trust v. Reverse Mortgage Solutions Inc

This case would be refiled in Harris County on June 1, 2022.

6. Gooden v. U.S. Bank National Association

Non-prisoner, pro se Gooden has not responded. Mackie Wolf, the Wolves of Texas file for Judgment. It’s pending at this time.

7. Cannegieter v. Gateway Mortgage

Cannegieter sold her home and the case was dismissed.

Period: Jan. 2 – Mar. 9, 2022

JUDGE ANDREW HANEN – 58 CASES

2 FORECLOSURES

1. Sweeney v. NewRez, LLC

R. Douglas Downing for the Sweeney’s against SettlePou for NewRez (removed from Texas state court by foreclosure law firm).

2. Tennyson v. The Bank of New York Mellon

Brandy Michelle Alexander for Tennyson, Branch Masterson Sheppard of Galloway, Johnson, Tompkins, Burr & Smith for BONYM (removed from Texas state court by foreclosure law firm).

Period: Jan. 2 – Jun. 13, 2022

SNR JUDGE LYNN HUGHES – 145 CASES

1 FORECLOSURES

HUGHES DID HAVE ONE OTHER CASE ASSIGNED IN THIS PERIOD, BUT HE PROMPTLY SELF-RECUSED.

  1. All About Property, LLC v. Countrywide Home Loans, Inc.

Jeffrey Jackson for the Indian Web Development firm which is buying up all affordable housing inventory at foreclosure auctions for cents on the dollar v. Bradley and Burr & Forman for defendants. Initial conference held 9th June and case proceeds.

Period: Jan. 2 – Mar. 9, 2022

SNR JUDGE LYNN HUGHES – 58 CASES

0 FORECLOSURES

Period: Jan. 2 – Jun. 13, 2022

JUDGE ALFRED ‘AL’ BENNETT – 149 CASES

3 FORECLOSURES

1. Matney v. Gateway Mortgage

Robert Clayton Vilt for Matney, Michael J Schroeder for Gateway (removed from Texas state court by foreclosure law firm).

2. Agustin v. U.S. Bank, N.A.

Robert Clayton Vilt for Agustin, Daniel Glenn Durell, Locke Lord LLP for US Bank (removed from Texas state court by foreclosure law firm).

3. Adegbenro v. Bank of America

Non-prisoner, pro se Adegbenro v. McGuireWoods and BOFA. Currently disputing remand after removal.

Period: Jan. 2 – Mar. 9, 2022

JUDGE ALFRED ‘AL’ BENNETT – 47 CASES

2 FORECLOSURES

1. Matney v. Gateway Mortgage

Robert Clayton Vilt for Matney, Michael J Schroeder for Gateway (removed from Texas state court by foreclosure law firm).

2. Agustin v. U.S. Bank, N.A.

Robert Clayton Vilt for Agustin, Daniel Glenn Durell, Locke Lord LLP for US Bank (removed from Texas state court by foreclosure law firm).

HANKS, GEORGE C., Jr

Period: Jan. 2 – Jun. 13, 2022

JUDGE GEORGE HANKS, JR. – 159 CASES

6 FORECLOSURES

Judge Hanks seems to have been awarded the more abnormal cases, here an eviction (Daniels) and then what LIT believes is a law firm partner defending his mother or family member’s home from foreclosure, which was scheduled for an initial conference way out, like 6 months out…nothin’ to do with that Austin, woman-owned law firm, Hopkins Law, PLLC is it?

1. Daniels v. PennyMac Loan Services, LLC

New case IFP (granted by Judge Ellison) by Daniels after various law firms and entities started non-suiting and then refiling in more ‘accommodating’ Texas courts. Daniels is proceeding pro se to stop foreclosure eviction (Rule 736).

2. Leger v. PrimeLending, a PlainsCapital Company

Bradley L. Legar for Leger and Shelley L. Hopkins of BDF Hopkins for PlainsCapital (removed from Texas state court by foreclosure law firm).

3. Unruh v. Cenlar FSB

Chip Lane of the Lane Law Firm for Unruh would allow Dismissal With Prejudice. Codilis for Cenliar.

4. Pineda v. Midland Mortgage

Shelley Hopkins Has Never Defended BDF. Will Mark Hopkins Finally Make an Appearance? No is the affirmative answer. The parties would reach a quick settlement, with dismissal Without Prejudice. James Rivera for Pineda.

5. Carlson v. Lakeview Loan Servicing, LLC

James Minerva represents Carlson. LIT asserts lawyer Graham is merely the name on the docket and reports directly to Shelley Hopkins, of BDF Hopkins (as a replacement for Crystal Gibson). The case has provisionally settled.

6. McCloud v. Deutsche Bank National Trust Company

Ben Sanchez for McCloud and Michael Hord for that German Bank. The Court held an injunction hearing. The parties will provide additional briefing on the jurisdictional issues raised by the Court on or before June 28, 2022. The duration of the temporary restraining order entered by the Court [Dkt. 8] is extended to and includes July 1, 2022.

Period: Jan. 2 – Mar. 9, 2022

JUDGE GEORGE HANKS, JR. – 47 CASES

2 FORECLOSURES

Judge Hanks seems to have been awarded the more abnormal cases, here an eviction (Daniels) and then what LIT believes is a law firm partner defending his mother or family member’s home from foreclosure, which was scheduled for an initial conference way out, like 6 months out…nothin’ to do with that Austin, woman-owned law firm, Hopkins Law, PLLC is it?

1. Daniels v. PennyMac Loan Services, LLC

New case IFP (granted by Judge Ellison) by Daniels after various law firms and entities started non-suiting and then refiling in more ‘accommodating’ Texas courts. Daniels is proceeding pro se to stop foreclosure eviction (Rule 736).

2. Leger v. PrimeLending, a PlainsCapital Company

Bradley L. Legar for Leger and Shelley L. Hopkins of BDF Hopkins for PlainsCapital (removed from Texas state court by foreclosure law firm).

ESKRIDGE, CHARLES R., III

Period: Jan. 2 – Jun. 13, 2022

JUDGE CHARLES ESKRIDGE – 145 CASES

5 FORECLOSURES

Ain’t it amazin’ that after our March review, where Judge Eskridge had ZERO foreclosure cases, he’s amassed 5 cases by June 13….

1. Manzanares v. Select Portfolio Servicing, Inc.

A very controversial case involving Clay Vilt. Manzanares v. Select Portfolio Servicing Is Proof of Christian Consultants Housing Theft Scam.

2. Kellup v. Bank of America, N.A.

Third Removal By Bank of America in Re Isiah Kellup Foreclosure Lawsuit.

But Vilt’s Vanished.

Case 1 was dismissed with Prejudice. Case 2 was never concluded. Case 3 is back, minus foreclosure defense lawyer Clay Vilt.

3. Duhon v. US Bank Trust 2

Hirsch Westheimer for US Bank is Repeatedly Removing Cases to Federal Court. Duhon is pro se. The case is stalled.

4. Tynan v. U.S. Bank

LIT objected to so many foreclosures while there’s the Texas Homeowner Assistance Fund, something that the homeowners lawyer, Clay Vilt, ignored.

That stalled this case but now it’s moving again; Initial Conference reset for 7/6/2022 at 10:00 AM in Courtroom 701 before Magistrate Judge Christina A Bryan.

Hord of Hirsch Westheimer for the Bank.

5. Nesbitt v. Wells Fargo Bank, N.A.

It’s Non-Prisoner, Pro Se Mishie Nesbitt v Michael Hord and Wells Fargo.

Period: Jan. 2 – Mar. 9, 2022

JUDGE CHARLES ESKRIDGE – 47 CASES

0 FORECLOSURES

Period: Jan. 2 – Jun. 13, 2022

SENIOR JUDGE DAVID HITTNER – 109 CASES

2 FORECLOSURES

1. Allan Groves v. U.S. Bank, N.A.

Jeffrey Jackson for the homeowner. Michael Hord for the Bank. Dismissed Without Prejudice.

2. Gumba v. Lakeview Loan Servicing, LLC

What have we here? Fifth case where Clay Vilt (for homeowner) is filin’ the same paperwork on the same day, June 22. Without doubt, he’s had the nod from the judiciary to resume work – after some serious ex-parte conversations about what the plan of action is with regards to LIT and this rogue lawyer and law firm. And we have ‘ringer’ Matt Graham for BDF Hopkins and Lakeview.

Period: Jan. 2 – Mar. 9, 2022

SENIOR JUDGE DAVID HITTNER – 46 CASES

1 FORECLOSURE

1. Allan Groves v. U.S. Bank, N.A.

Jeffrey Craig Jackson for Groves and Michael F Hord , Jr of Hirsch Westheimer PC for US Bank.

Period: Jan. 2 – Jun. 13, 2022

JUDGE MILLER GRAY – 23 CASES

0 FORECLOSURES

Period: Jan. 2 – Mar. 9, 2022

JUDGE MILLER GRAY – 17 CASES

0 FORECLOSURES

EWING, WERLEIN, Jr

Period: Jan. 2 – Jun. 13, 2022

SENIOR JUDGE EWING WERLEIN, JR. – 31 CASES.

1 FORECLOSURE

1. Lee v. Wells Fargo Bank, N.A.

Lee is represented by Seth Nichamoff. New players in Aldridge joined by McGuireWoods – 6 days after LIT published this case – for Wells Fargo.

Period: Jan. 2 – Mar. 9, 2022

SENIOR JUDGE EWING WERLEIN, JR.

1 FORECLOSURE

1. Lee v. Wells Fargo Bank, N.A.

LAKE, SIMEON ‘SIM’

Period: Jan. 2 – Jun. 13, 2022

JUDGE SIM LAKE – 97 CASES

5 FORECLOSURES

1. Galentine v. U.S. Bank National Association

Brandy Alexander for Homeowner(s) and Griffith (Locke Lord) for Bank.

2. Legall-Johnson v. JPMorgan Chase Bank, N.A (I)

Homeowner dismissed without prejudice, via counsel, the first removal to federal court. It would return rapidly.

3. Burleson v. Freedom Mortgage Corporation

Dismissed Without Prejudice, Plaintiff to pay costs… Jun 16, 2022. Artie’s homes are not on Auction.com anymore.

4. Legall-Johnson v. JPMorgan Chase & Co. (II)

Homeowner filed IFP status in state court and it was removed again to federal court. It would return to Judge Lake’s chambers.

5. Ankus, L.L.C. v. PHH Mortgage Corp.

A case involving real scumbags is on the delay docket.

Period: Jan. 2 – Jun. 13, 2022

JUDGE KENNETH HOYT – 88 CASES

3 FORECLOSURES

1. Moore v. MidFirst Bank

Case Removed 27 Apr by Shelley Hopkins then Hastily Dismissed With Prejudice less than 24 hrs later.

Dismissal granted by Judge Hoyt on the same day. Nothing fishy here, huh DeLaRue?

2. Crotts v. Freedom Mortgage Corporation

Non-Prisoner Crotts requests efiling permission (again).

The Southern District is in direct conflict with the Northern District, which mandates efiling. This is the standard in state courts, for example Harris County.

The fact that Houston are refusing efiling is an abuse in today’s age and the pandemic, where every meeting went remote and electronic filing standard.

Let’s hope common sense prevails, but this Federal court is extremely arrogant and has a Chief Judge with the “Its me against you (citizens)” attitude.

Furthermore, in this case the CIP filed by Suggs lawyer is late – it should have been filed along with the removal. Crotts is pro se, but he’s late with his CIP as well, so that should be addressed as soon as he becomes aware.

Of course, as per usual with foreclosure mill lawyers, Suggs have also filed a premature Motion to Dismiss.

3. Superior Consulting Group v. PHH Mortgage Corporation

Case frozen since March 26. This means, y’all guessed it, the CIP is very, very late for Superior, a paralegal fighting foreclosure and her sanctioned counsel against PHH’s open checkbook and counsel, the Brisket firm of McGlinchey Stafford.

One of the longest times to set an initial conference too. It’s 139 days rather than the 90 days.

BROWN, JEFFREY ‘JEFF’

Period: Jan. 2 – Jun. 13, 2022

JUDGE JEFFREY ‘JEFF’ BROWN – 125 CASES

5 FORECLOSURES

Judge Jeff Brown is the only Judge in Galveston but there sure is a lot of the straw man Deutsche Bank cases in his courthouse.

1. Schultz v. Deutsche Bank National Trust Company

Judge Jeff Brown signed a protective order for Deutsche Bank lawyers, in a foreclosure matter. Vilt is for the homeowner and he filed a CIP 75 days late. Brown is working with both lawyers to provide ‘time’ before foreclosing in favor of DBNTCO and allowing Clay Vilt of Vilt & Associates time to bleed every dime outta the homeowners.

2. Daigle v. Amerihome Mortgage Company, LLC

Vilt is for the homeowner and he filed a CIP 35 days late. Brown is working with both lawyers to provide ‘time’ before foreclosing in favor of DBNTCO and allowing Clay Vilt of Vilt & Associates time to bleed every dime outta the homeowners. BDF Hopkins for Amerihome, with Mark Hopkins AWOL.

3. Bourgeois v. Select Portfolio Servicing, Inc.

Hord of Hirsch Westheimer for Select and that German Bank, the straw man Deutsche Bank. James Andersen for the homeowners, after their last lawyer stole their foreclosure defense funds. The case is ongoing.

4. Shepard v. Deutsche Bank National Trust Company

Another ‘protective order’ signed by Judge Brown for DB and the Brisket Firm, McGlinchey Stafford. Another Clay Vilt CIP filed late (due Mar. 26, not filed until May 23, that’s 59 days late).

5. Caum v. Deutsche Bank Trust Company Americas

Erick DeLaRue for the homeowners has failed to timely file a CIP, due on or before May 31. It’s The Wolves of Texas for DBNTCO in this case, which also has a signed protective order for that German Bank.

Period: Jan. 2 – Jun. 13, 2022

JUDGE DREW TIPTON – 43 CASES

0 FORECLOSURES

Judge Tipton has zero foreclosure cases going back years, despite his position as an active Article III United States Federal Judge. That’s hundreds of cases over the past years we considered (see video) and where not a single random assignment for a foreclosure has landed in his chambers. Quite remarkable.

Period: Jan. 2 – Jun. 13, 2022

JUDGE MICAELA ALVAREZ – 62 CASES

2 FORECLOSURES

Judge Alvarez will accept any foreclosure cases in 2022 where Bank of New York Mellon (BONYM) is a party.

1. Mejia v. The Bank of New York Mellon Trust Company, National Association

Rapid dismissal with the now standard ending by Judge Alvarez, who has a shady past as highlighted on LIT regarding her own law firm business.

“Accordingly, Plaintiff’s attempt to stop foreclosure in this case appears to be a bad faith attempt to preclude Defendant from exercising its repeatedly adjudicated legal right to foreclose the property.

Plaintiff’s claims are DISMISSED WITH PREJUDICE and neither Plaintiff nor anyone acting on her behalf should re-attempt the same or similar claims to stop foreclosure of the property.

This case will terminate upon entry of final judgment.”

2. Rojas v. Bank of New York Mellon Trust Company, N.A.

Percolatin’ with no service completed, no certificate of interested persons, which is extremely late.

 

 

 

 

 

 

 

 

 

 

A Texas appeals court affirmed judgments sanctioning South Texas lawyers Cheryl and Ronald Hole for failing to change the name of their law firm after former name partner Micaela Alvarez left the firm following her appointment as a federal district judge in McAllen, Texas in 2004.

A three-judge panel of the Thirteenth Court of Appeals in Edinburg concluded on Aug. 24 that a trial judge did not err by granting a partial summary judgment in favor of the Texas Commission for Lawyer Discipline because the commission conclusively established that Cheryl and Ronald Hole, whose firm is known as Hole & Alvarez, violated Rules 7.01(a) and (c) of the Texas Disciplinary Rules of Professional Conduct.

Rule 7.01(a) prohibits lawyers from practicing at a firm with a name that is misleading or contains names other than those at the firm, although the firm name can include the name of deceased or retired partners. Rule 7.01(c) prohibits the name of a lawyer occupying a judicial position from being used in the name of a firm while the lawyer is not actively practicing at the firm.

Ronald Hole, who represented himself and his wife before the appeals court, said he disagrees with the Aug. 24 memorandum opinion, and will seek a motion for rehearing.

The name is proper, he said. We do have an Alvarez in the firm as well.

He said the judge’s son, Javier Alvarez Martinez, became a nonparticipating partner at the firm after he passed the bar several years ago. Hole said Alvarez Martinez is based in Austin but does some work for the firm.

Judge Alvarez’s son is not listed as an attorney on the Hole & Alvarez firm website, but Hole said technical issues prevent him from updating the website.

Hole said the opinion does not properly address the statute of limitations issue he and his wife raised, since Judge Alvarez left Hole & Alvarez in December 2004 and the disciplinary suit was not filed until 2014. He said the Office of Chief Disciplinary Counsel was aware many years ago that they were using the Hole & Alvarez name, and the commission took no action until a lawyer he sued threatened to report me to the Bar.

My goal is to have the judgment thrown out and get my attorney fees back, Hole said.

Cynthia Canfield Hamilton, a senior appellate disciplinary counsel for the Office of the Chief Disciplinary Counsel who handled the appeal, did not respond to a request for comment. Claire Mock, public affairs counsel for the office, declined comment.

In 2014, the commission filed the disciplinary suits against the Holes, alleging they were violating Rules 7.01(a) and (c) because they continued to use the Hole & Alvarez name in their practices.

Judge Rhonda Hurley of the 98th District Court in Travis County, who presided over the proceedings, denied motions for summary judgment filed by the Holes in the suits, but granted a partial summary judgment in favor of the commission, concluding that the commission had established as a matter of law that the Holes had violated the disciplinary rules. After those rulings, according to the opinion, the parties stipulated that the sanctions against Roland and Cheryl Hole would be no greater than a public reprimand and attorney’s fees.

On Nov. 1, 2015, Hurley signed final judgments of public reprimand against each of the lawyers for violating the disciplinary rules. The judge also ordered Cheryl Hole to pay $1,000 in attorney fees to the commission, and Ronald Hole to pay $1,500.

Benavides, joined on the appellate panel by Chief Justice Rogelio Valdez and Justice Nelda Rodriguez, held that the court agrees that the lawyers violated Rule 7.01(c) because Alvarez left the firm in December 2014 after she was appointed to the U.S. District Court for the Southern District of Texas. A plain reading of Rule 7.01(c) states that the name of a lawyer occupying a judicial position shall not be used in the name of a firm, or in communications on its behalf, during a period in which the lawyer is not actively and regularly practicing with the firm, Benavides wrote.

Benavides also wrote that Rule 7.01(a) does permit a firm to include the name of a retired partner in the firm’s name, but in this case, Judge Alvarez was not a retired member of the firm because she did not terminate her career in the practice of law by becoming a federal judge.

Additionally, the court found that the Holes failed to conclusively prove the commission’s petitions were barred by the statute of limitations and found the commission did not waive its right to seek disciplinary proceedings against the Holes.

Period: Jan. 2 – Jun. 13, 2022

JUDGE MARINA MARMOLEJO – 48 CASES

0 FORECLOSURES

Judge Marmolejo has zero foreclosure cases going back years, despite her position as an active Article III United States Federal Judge. That’s hundreds of cases over the past years we considered (see video) and where not a single random assignment for a foreclosure has landed in her chambers. Quite remarkable.

Period: Jan. 2 – Jun. 13, 2022

JUDGE RANDY CRANE – 68 CASES

2 FORECLOSURES

Judge Crane seems to blindly draw mortgage servicers with servicing in the name.

1. Loza v. Select Portfolio Servicing, Inc.

Case was stayed in May while Loza in Bankruptcy proceedings. Select is the servicer and Deutsche Bank is a named (straw man) party. Hirsch Westheimer and Hord for Select/Deutsche Bank and James Sahadi for Loza.

2. Carmona v. Lakeview Loan Servicing, LLC

Sanctioned Texas Lawyer (several times) for Carmona and Bradley for Lakeview. Case terminated in favor of Lakeview in May.

Period: Jan. 2 – Jun 13, 2022

JUDGE RICARDO HINOJOSA – 72 CASES

3 FORECLOSURES

1. Archer v Carrington Mortgage Services LLC

Sanctioned lawyer Guerra for Archer and Spencer Fane for Carrington. Case ongoing.

2. Quintanilla v. Rocket Mortgage

Case Jointly Dismissed, without prejudice – because Texas lawyers are involved on both sides, including BDF Hopkins.

3. Mendoza v. Rushmore Loan Management Services, LLC

Mark Cronenwett for the Wolves of Texas files a premature motion to dismiss, ignoring the Texas Foreclosure Relief Fund.

ATLAS, NANCY FRIEDMAN

Period: Jan. 2 – Mar. 9, 2022

SENIOR JUDGE NANCY ATLAS

‘DORMANT’

Period: Jan. 2 – Mar. 9, 2022

SENIOR JUDGE HILDA TAGLE (CORPUS CHRISTI)

‘DORMANT’

US Bank and the Wolves of Texas Quickly Dismiss both Defendants Without Prejudice

The harassment will continue, once the foreclosure mill refiles, in this perpertual scheme they use to keep foreclosures running for decades.

LIT Assumes Someone of Authority in Texas is Assuring Newark he Can Violate Texas Laws

This is the second filing by Newark which LIT has come across in Texas Federal Court. The Florida Company was Dissolved in 2005.

HOA’s are Foreclosing Homes With Median Value of $270k in Harris County Courts for $1K Debt

LIT provides a list of foreclosures filed in Harris County Courts for the period August 1-5. HOA’s are consistently the number one filer.

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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