Expedited Foreclosure Lawsuit No. 4 filed by DBNTCO and SPS aka Select Portfolio Servicing v Anthony

Answer and Response to Petitioner’s Application for an Expedited Order of Foreclosure

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, Respondent CAROL R. ANTHONY (“Respondent”), by and through her attorney, and files this Response to Petitioner’s Application for an Expedited Foreclosure in the above styled and numbered cause. Respondent would respectfully show the Court the following:

I.                     General Denial and Defenses

1.                  Respondent admits she is an owner of the property that is the subject of this suit, which is her homestead.

2.                  Pursuant to Tex. R. Civ. P. 736.5(c), Respondent generally denies each and every allegation in the Petition filed by Plaintiff and demands that Plaintiff provide strict proof thereof.

3.                  Without waiving the foregoing general denial, Respondent files this response pursuant to Tex R. Civ. P. 736.5(c)(2) and asserts numerous defenses under Texas Constitution Article XVI § 50(a)(6).

Pursuant to Tex. R. Civ. P. 736.6, Respondent demands that Petitioner prove by affidavits on file, or evidence presented, the grounds for granting the order sought in the application, including evidence to overcome Respondent’s affirmative defenses plead under Texas Constitution Article XVI § 50(a)(6).

3.                  The claims asserted against Defendant are barred in whole, because Plaintiff violated Texas Constitution Article XVI, § 50(a)(6) on its face.

As such, the subject lien and security agreement are void.

4.                  The claims asserted against Defendant are barred in whole or in part by the doctrine of illegality.

5.                  Plaintiff failed to provide all notices required under the Deed of Trust and State law.

6.                  The claims asserted against Respondent are barred in whole or in part by the doctrine of estoppel.

7.                  An expedited foreclosure matter is already pending before this Court in CASE NO. 2022-14572: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR REGISTERED HOLDERS OF WAMU ASSET-BACKED CERTIFICATES WAMU SERIES 2007-HE1 TRUST v. CAROL R. ANTHONY a/k/a CAROL RENEE ANTHONY, which alleges almost identical facts and the same requested relief.

II.                Prayer

WHEREFORE, premises considered, Respondent prays this Court deny Petitioner’s Application for an Expedited Order of Foreclosure. Respondent further prays that this Court grant her all relief at law and in equity to which she may be entitled.

Respectfully submitted,

LONE STAR LEGAL AID

/s/ Andrew Moore

ANDREW MOORE
State Bar No: 24105428
E-Mail: amoore@lonestarlegal.org
Lone Star Legal Aid
Military & Veterans Unit
2929 McKinney
Houston, Texas 77003

Ph. (844) 400-8387;
Fax: (713) 652-4063

Attorney for Respondent Carol Anthony

Certificate of Service

I hereby certify that a true and correct copy of the foregoing was served pursuant to Rules 21 and 21a of the Texas Rules of Civil Procedure, by facsimile, e-mail, certified mail, return receipt requested and/or first-class mail, on this the 5th day of July 2023 to:

Ronny George
13105 Northwest Freeway, Suite 960
Houston, TX 77040

Via E-service:
TXHomeEquity@logs.com

ATTORNEY FOR APPLICANT

/s/ Andrew Moore

Andrew Moore

Attorney for Respondent, Carol Anthony