Castillo v. Select Portfolio Servicing, Inc.
(7:21-cv-00492)
District Court, S.D. Texas
UPDATE: MAR 24, 2022
This foreclosure continues into 2023, as Sen. Cornyn deletes the bio’s of the judges (which LIT has recovered below).
Bank of New York Mellon Trust Company, N.A., not in its individual capacity but solely as Owner Trustee for Mortgage Assets Management Series I Trust v. Castillo
(3:22-cv-00020)
District Court, W.D. Texas
JAN 10, 2022 | REPUBLISHED BY LIT: JAN 11, 2021
LIT noticed the ‘consolidate cases’ and wasn’t aware of another foreclosure for Castillo. Well now we have the banksters filing against Juana O. Castillo, which is a new party – as Castillo sued in the name of Gerardo Castillo – as shown herein.
What’s also notable is the switch in foreclosure mill lawyers. We have the wolves at Mackie Wolf filing this lawsuit representing the bankers. It’s Hirsch and Westheimer who were assigned to defend the mortgage servicer case below.
So Judge Frank Montalvo just self-recused from the new case, with little explanation. The other related case, as we know, is with another federal judge, namely Judge Ricardo H Hinojosa. So why did he recuse?
We’ve looked at his 2019 financial disclosure report and see nothing untoward – no conflicts.
Is it because he knows the Castillo’s e.g. are they also from Puerto Rico?
Or, is San Antonio Realtor Elizabeth Montalvo, who was facing foreclosure in W.D. Tex., related?
Who knows when secrets are allowed to be kept because judges judge themselves.
Just one of the many premeditated contradictions in law by the Federal Judiciary in Texas. The facts are irrefutable and LIT is aiding the elder Burkes by preparing ‘The Burke Dossier ’22’. Please direct any media inquiries to justice@lawsintexas.com or via our website. #txlege pic.twitter.com/RvymQZN7Mo
— LawsInTexas (@lawsintexasusa) January 9, 2022
Castillo v. Select Portfolio Servicing, Inc.
(7:21-cv-00492)
District Court, S.D. Texas
DEC 22, 2021 | REPUBLISHED BY LIT: DEC 23, 2021
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 2/9/2022 at 02:30 PM before Judge Ricardo H Hinojosa
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U.S. District Court
SOUTHERN DISTRICT OF TEXAS (McAllen)
CIVIL DOCKET FOR CASE #: 7:21-cv-00492
| Castillo v. Select Portfolio Servicing, Inc. Assigned to: Judge Ricardo H Hinojosa Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 12/22/2021 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Gerardo Castillo | represented by | Gerardo Castillo 407 Manhattan Circle Donna, TX 78537 956-223-9407 Email: matrixdigitall1@yahoo.com PRO SE |
| V. | ||
| Defendant | ||
| Select Portfolio Servicing, Inc. | represented by | Eric Craig Mettenbrink Hirsch and Westheimer 1415 Louisiana 36th Floor Houston, TX 77002 713-223-5181 Fax: 713-223-9319 Email: emettenbrink@hirschwest.com ATTORNEY TO BE NOTICEDMichael F Hord , Jr Hirsch Westheimer PC 1415 Louisiana 36th Floor Houston, TX 77002-2772 713-220-9182 Fax: 713-223-9319 Email: mhord@hirschwest.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 12/22/2021 | 1 | NOTICE OF REMOVAL (Filing fee $ 402 receipt number 0541-27509255) filed by Select Portfolio Servicing, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit C-1, # 5 Exhibit C-2, # 6 Exhibit D, # 7 Civil Cover Sheet)(Hord, Michael) (Entered: 12/22/2021) |
| 12/22/2021 | 2 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 2/9/2022 at 02:30 PM before Judge Ricardo H Hinojosa(Signed by Judge Ricardo H Hinojosa) Parties notified.(kanelson, 7) (Entered: 12/22/2021) |
Judge Frank Montalvo currently serves on the 288th Judicial District Court of Texas, in San Antonio. Before joining the legal profession, he was a crash test safety engineer for General Motors. Judge Montalvo was born in Bayamon, Puerto Rico.
He received his undergraduate degree from the University of Puerto Rico, and his law degree from Wayne State University Law School.
He was engaged in the private practice of law until 1994, when he became Judge of the 288th Judicial District Court. He is a prolific legal writer and speaker, with a particular expertise and emphasis on issues of judicial procedure.
Judge Montalvo is also active in Boy Scout Troop 233 in Leon Spring, and a member of the board of directors of both the Child Guidance Center and the Rape Crisis Center.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (McAllen)
CIVIL DOCKET FOR CASE #: 7:21-cv-00492
| Castillo v. Select Portfolio Servicing, Inc. Assigned to: Judge Ricardo H Hinojosa Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 12/22/2021 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 02/08/2022 | 8 | Agreed MOTION for to Appear as (MOTION TO APPEAR VIA ZOOM) by Select Portfolio Servicing, Inc., filed. Motion Docket Date 3/1/2022. (Attachments: # 1 Proposed Order)(Hord, Michael) (Entered: 02/08/2022) |
| 02/07/2022 | 7 | ORDER Striking Document re: 6 Motion for Leave to Appear via Zoom, filed by Select Portfolio Servicing, Inc. (Signed by Judge Ricardo H Hinojosa) Parties notified.(kanelson, 7) (Entered: 02/08/2022) |
| 02/07/2022 | 6 | MOTION for to Appear as (via Zoom at the initial pretrial and scheduling conference scheduled for February 9, 2022 at 2:30 p.m.) by Select Portfolio Servicing, Inc., filed. Motion Docket Date 2/28/2022. (Attachments: # 1 Proposed Order)(Hord, Michael) (Entered: 02/07/2022) |
| 01/31/2022 | 5 | JOINT DISCOVERY/CASE MANAGEMENT PLAN by Select Portfolio Servicing, Inc., filed.(Hord, Michael) (Entered: 01/31/2022) |
| 01/07/2022 | 4 | MOTION to Consolidate Lead Case No. 7:21-cv-492 and Member Case No. 7:22-cv-00007 by Select Portfolio Servicing, Inc., filed. Motion Docket Date 1/28/2022. (Attachments: # 1 Proposed Order)(Hord, Michael) (Entered: 01/07/2022) |
| 01/05/2022 | 3 | CERTIFICATE OF INTERESTED PARTIES by Select Portfolio Servicing, Inc., filed.(Hord, Michael) (Entered: 01/05/2022) |
| 12/22/2021 | 2 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 2/9/2022 at 02:30 PM before Judge Ricardo H Hinojosa(Signed by Judge Ricardo H Hinojosa) Parties notified.(kanelson, 7) (Entered: 12/22/2021) |
| 12/22/2021 | 1 | NOTICE OF REMOVAL (Filing fee $ 402 receipt number 0541-27509255) filed by Select Portfolio Servicing, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit C-1, # 5 Exhibit C-2, # 6 Exhibit D, # 7 Civil Cover Sheet)(Hord, Michael) (Entered: 12/22/2021) |
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (McAllen)
CIVIL DOCKET FOR CASE #: 7:21-cv-00492
| Castillo v. Select Portfolio Servicing, Inc. Assigned to: Judge Ricardo H Hinojosa Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 12/22/2021 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 02/07/2022 | 11 | INITIAL DISCLOSURES by Gerardo Castillo, filed.(klopez, 7) (Entered: 02/15/2022) |
| 02/28/2022 | 12 | NOTICE of Setting. Parties notified. Status Conference set for 3/25/2022 at 2:30 PM before Judge Ricardo H Hinojosa, filed. (adelagarza, 7) (Entered: 02/28/2022) |
| 03/03/2022 | 13 | JOINT DISCOVERY/CASE MANAGEMENT PLAN by Gerardo Castillo, filed.(klopez, 7) (Entered: 03/03/2022) |
| 03/16/2022 | 14 | Agreed MOTION APPEAR VIA ZOOM by Select Portfolio Servicing, Inc., U.S. Bank, N.A., Successor Trustee to LaSalle Bank National Association, on behalf of the holders of Bear Stearns Asset Backed Securities 1 Trust 2007-HE7, Asset Backed Certificates Series 2007-HE7, filed. Motion Docket Date 4/6/2022. (Attachments: # 1 Proposed Order ORDER)(Hord, Michael) (Entered: 03/16/2022) |
Judiciary Committee Approves Three Texas Nominees (Recovered from Sen. Cornyn Website, Jan 21, 2023)
WASHINGTON – The Senate Judiciary Committee unanimously approved the federal judicial nominations Thursday of Kathleen Cardone, Frank Montalvo and Xavier Rodriguez to be U.S. District Judges for the Western District of Texas.
U.S. Sens. Kay Bailey Hutchison and John Cornyn recommended the three to President Bush for nomination earlier this year. Cornyn, a member of the Senate Judiciary Committee introduced the nominees in a hearing last week, and made the following statement Thursday:
“These three great judges and great Texans are exceptional nominees, and I’m confident that they will continue to serve with excellence and bolster their outstanding records when confirmed to the federal district bench.
“Judge Cardone, nominated by the President to serve on this newly created seat in the Western District, is no stranger to such an experience, having already served in a number of judicial positions on newly created courts. She will do an excellent job.
“Judge Montalvo, who serves where I once did as a state district judge, will bring to the federal district bench exceptional and unique qualifications. He will apply the law with precision and objectivity.
“Justice Rodriguez will be a worthy successor to Ed Prado, who was recently confirmed to the U.S. Court of Appeals for the Fifth Circuit. Rodriguez has been a leader in his previous roles and I’m sure he will continue to be one on the federal district bench.”
Sen. Hutchison said: “These fine jurists will serve with honor and distinction on the federal bench, as they meet the high standards Americans expect of our judiciary. I am pleased with today’s Committee vote and strongly urge the full Senate to approve their nominations.” This committee action moves the nominations to the Senate calendar, making them available for a final confirmation vote by the full Senate at a time selected by the majority leader.
– See biographical sketches below –
– Judge Kathleen Cardone of El Paso is a 1979 graduate of St. Mary’s School of Law, in San Antonio. She began her legal career as a briefing attorney for U.S. Magistrate Judge Philip Schraub in the Southern District of Texas. In 1983, the City Council of El Paso appointed her to serve on a newly created Municipal Court in El Paso.
In 1990, the Council of Judges for the County of El Paso unanimously appointed her to serve as an Associate Judge of the Family Law Court. In 1995, she was appointed by then-Governor George W. Bush to Texas’s new 383rd Judicial District Court. And in 1999, she was appointed to Texas’s new 388th Judicial District Court, where she presided over a specialized family law court.
Since 2001, she has been serving as a visiting judge for the state of Texas. Judge Cardone is also an active member of her community. She chairs the Board of Directors of the El Paso County Domestic Relations Office, and the Children Cope with Divorce Committee of the YWCA Paso Del Norte Region. In addition, she is a member of the Board of Directors of the Strong Families/Strong Future Committee and of the El Paso Holocaust Museum and Study Center.
Judge Frank Montalvo currently serves on the 288th Judicial District Court of Texas, in San Antonio. Before joining the legal profession, he was a crash test safety engineer for General Motors.
Judge Montalvo was born in Bayamon, Puerto Rico. He received his undergraduate degree from the University of Puerto Rico, and his law degree from Wayne State University Law School.
He was engaged in the private practice of law until 1994, when he became Judge of the 288th Judicial District Court. He is a prolific legal writer and speaker, with a particular expertise and emphasis on issues of judicial procedure.
Judge Montalvo is also active in Boy Scout Troop 233 in Leon Spring, and a member of the board of directors of both the Child Guidance Center and the Rape Crisis Center.
Justice Xavier Rodriguez is a native of San Antonio.
He received his undergraduate degree from Harvard University in 1983, and a Master of Public Affairs degree and a law degree from the University of Texas in 1987.
He served as a member of the U.S. Army Reserves until 1993, and practiced law with the prestigious Texas law firm of Fulbright & Jaworski until 2001, when Texas Governor Rick Perry appointed him to the Texas Supreme Court.
He is board certified in Labor & Employment Law, a subject on which he has written extensively. He is a member of the American Law Institute and the San Antonio Bar Association, and a Fellow with the Texas Bar Foundation. He has held leadership positions in the State Bar of Texas.
In addition, Justice Rodriguez is a member of the Board of the National Association for the Advancement of Minorities in Technology.
He is a member of the Dean’s Advisory Council for the St. Mary’s University School of Law, a former chairman of the South San Antonio Chamber of Commerce, and a former president of the Harvard Club of San Antonio and Respite Care of San Antonio.
