Debt Collector

Larry Niermann Claims to Have A Loan Mod and a Buyer But PHH Wouldn’t Stop the Foreclosure

Following Plaintiff’s admitted default on the loan, PHH initiated foreclosure proceedings and sale for September 6, 2022.

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

Case in other court:  457th Judicial District Montgomery County, 22-00009-11483

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

Case in other court:  457th Judicial District Montgomery County, 22-00009-11483

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

Rachel Gallegos, Has She Paid a Dime Since She Obtained Three Mortgages for Her Home?

Rachel Gallegos claims all 3 properties are financed by Velocity Mortgage, but our investigation finds that other parties are involved.

Judge Cory Sepolio Ain’t Uploadin’ the Complaint against PHH Ocwen et al And LIT’s Trackin’ the Docket

Bookmark to see if and when Pro Se’s petition is released onto the docket at Harris County District Court.

Strugglin’ to Get PHH Ocwen to Process Your Loan Modification? Here’s $2 Million Reasons They’ll Listen

Arbitrator: Lender refused to follow Freddie Mac guidelines to assist homeowners going through a divorce, awarded $2M to homeowners.

Larry Niermann Claims to Have A Loan Mod and a Buyer But PHH Wouldn’t Stop the Foreclosure
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Laws In Texas first started as an independent investigative blog about the Financial Crisis and how the Banks and Government are colluding against the citizens and homeowners of the State of Texas, relying upon 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. That stated, LIT's Blog has grown tremendously during the three or so years it has been operating and our reach is now nationwide as we expand via our micro-blogs in various states. Join us as we strive to bring back justice and honor to our Judiciary and Government employees, paid for by Citizens.

Donate to LawsInTexas. Make a Difference.

Subscribe to Our Newsletter

We keep your data private and share your data only with third parties that make this service possible. See our Privacy Policy for more information.

© 2020-2023 LawInTexas com is an online trading name which is wholly owned by Blogger Inc., a nonprofit 501(c)(3) registered in Delaware. | All Rights Reserved.

To Top