Niermann v. PHH Mortgage Corporation
(4:22-cv-03147)
District Court, S.D. Texas, Judge George Hanks, Jr
SEP 14, 2022 | REPUBLISHED BY LIT: SEP 15, 2022
In the Complaint, Plaintiff alleges a claim for common law fraud.
(Complaint, pp. 3–4).
He contends that PHH falsely represented that it would not foreclose on the Property if Plaintiff submitted documentation to modify the mortgage.
(Complaint, p. 3).
However, he claims PHH has moved forward with the foreclosure, including noticing a foreclosure sale for September 6, 2022, even though Plaintiff allegedly secured a buyer for the sale of the Property on July 8, 2022.
(Complaint, p. 3).
In connection with these allegations, Plaintiff seeks injunctive relief, actual damages, attorney’s fees, and court costs.
(Complaint, pp. 4–5).
Prior Martinez (lawyer for homeowner) Foreclosure Case Dismissed Without Prejudice
ORDER re: 7 Request for Pre-Motion Conference.
There is no need for a pre-motion conference here, as the parties have already conferred.
Nor is there need for PHH to refile its Amended Notice of Removal, as that Notice is already on the Courts docket.
PHHs pre-motion conference request Dkt. 7 is DENIED AS MOOT.
(Signed by Judge George C Hanks, Jr)
Parties notified. (bthomas, 4) (Entered: 10/03/2022)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-03147
Create an Alert for This Case on RECAP
| Niermann v. PHH Mortgage Corporation Assigned to: Judge George C Hanks, Jr
Cause: 28:1345 Foreclosure |
Date Filed: 09/14/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 09/19/2022 | 3 | ORDER on Initial Discovery Protocols for Residential Mortgage Cases.(Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4) (Entered: 09/19/2022) |
| 09/19/2022 | 4 | STANDING PROTECTIVE ORDER. (Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4) (Entered: 09/19/2022) |
| 09/20/2022 | 5 | CERTIFICATE OF INTERESTED PARTIES by PHH Mortgage Corporation, filed.(Turner, Helen) (Entered: 09/20/2022) |
| 09/27/2022 | 6 | AMENDED NOTICE OF REMOVAL against Larry L. Niermann filed by PHH Mortgage Corporation. Related document: 1 Notice of Removal, filed by PHH Mortgage Corporation. (Attachments: # 1 Exhibit Exhibits A – I)(Turner, Helen) (Entered: 09/27/2022) |
| 09/29/2022 | 7 | REQUEST for pre-motion conference re: 6 Amended Complaint/Counterclaim/Crossclaim etc., filed.(Turner, Helen) (Entered: 09/29/2022) |
| 10/03/2022 | 8 | ORDER re: 7 Request for Pre-Motion Conference. There is no need for a pre-motion conference here, as the parties have already conferred. Nor is there need for PHH to refile its Amended Notice of Removal, as that Notice is already on the Courts docket. PHHs pre-motion conference request Dkt. 7 is DENIED AS MOOT.(Signed by Judge George C Hanks, Jr) Parties notified. (bthomas, 4) (Entered: 10/03/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 10/09/2022 14:40:19 |
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 12/14/2022 at 09:00 AM in by video before Magistrate Judge Andrew M Edison(Signed by Judge George C Hanks, Jr) Parties notified.(ckrus, 4) (Entered: 09/15/2022)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-03147
Create an Alert for This Case on RECAP
| Niermann v. PHH Mortgage Corporation Assigned to: Judge George C Hanks, Jr
Cause: 28:1345 Foreclosure |
Date Filed: 09/14/2022 Jury Demand: Defendant Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Larry L. Niermann | represented by | Itzel Martinez-Santos The Law Offices of Martinez & Martinez, PLLC 310 S St Mary’s St Ste 980 San Antonio, TX 78205 210-499-6448 Fax: 210-783-8555 Email: itzel@martinezlawtx.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| PHH Mortgage Corporation | represented by | Robert T Mowrey Locke Lord LLP 2200 Ross Ave Ste 2800 Dallas, TX 75201-6776 214-740-8000 Fax: 214-740-8800 Email: rmowrey@lockelord.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDHelen Onome Turner Locke Lord LLP 600 Travis Street Ste 2800 Houston, TX 77002 713-226-1280 Fax: 713-229-2501 Email: helen.turner@lockelord.com ATTORNEY TO BE NOTICEDMatthew Hogan Davis Locke Lord LLP 2200 Ross Ave Ste 2800 Dallas, TX 75201 214-740-8315 Email: mdavis@lockelord.com ATTORNEY TO BE NOTICEDVincent J Hess Locke Lord LLP 2200 Ross Ave Ste 2800 Dallas, TX 75201 214-740-8732 Email: vhess@lockelord.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 09/14/2022 | 1 | NOTICE OF REMOVAL from 457th Judicial District Court, Montgomery County, Texas, case number 22-09-11483 (Filing fee $ 402 receipt number ATXSDC-28774870) filed by PHH Mortgage Corporation. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Exhibits A -G)(Turner, Helen) (Entered: 09/14/2022) |
| 09/15/2022 | 2 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 12/14/2022 at 09:00 AM in by video before Magistrate Judge Andrew M Edison(Signed by Judge George C Hanks, Jr) Parties notified.(ckrus, 4) (Entered: 09/15/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 09/15/2022 13:44:21 |
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