Debt Collector

LIT’s Texas Federal Foreclosure Tracker is Now Following ‘Alan’

It’s early stages for Alan, who’s up against Michael F. Hord Jr and Fay Servicing in W.D. Tex Federal Court after removal from State Court.

Alan J. Vasquez v. Fay Servicing, LLC

(5:21-cv-00543)

District Court, W.D. Texas

JUN 7, 2021 | REPUBLISHED BY LIT: SEP 19, 2021

Bookmark this article if you’re interested in tracking Alan.

“Plaintiff has also named Fay in its capacity as loan servicer and W. M. Marty Lacouture as Substitute Trustee (“Substitute Trustee”) as defendants.”

SHOW CAUSE ORDER

Before the Court is the above-styled cause of action, which was referred to the undersigned for all non-dispositive pretrial proceedings on September 1, 2021 [#3]. The Court ordered the parties to appear for an initial pretrial conference, to confer as required under Rule 26 of the Federal Rules of Civil Procedure, and to file a joint Rule 26 report and joint proposed scheduling recommendations.

The Court held the conference on September 24, 2021, as scheduled. Defendants appeared through counsel; Plaintiff failed to appear. Defendants informed the Court at the conference that Plaintiff has not responded to any of Defendants’ attempts to confer despite the Court’s order that the parties do so prior to the initial pretrial conference. Plaintiff also failed to file any pre-conference documents as ordered by the Court. Thus, Plaintiff has failed to follow multiple orders of this Court and to take the necessary steps to prosecute this case.

IT IS THEREFORE ORDERED that Plaintiff SHOW CAUSE why this case should not be dismissed for want of prosecution and for failure to follow a Court order on or before October 8, 2021. Plaintiff’s failure to do so could result in the dismissal of this case under Rule 41(b).

SIGNED this 27th day of September, 2021.

ELIZABETH (“BETSY”) CHESTNEY
UNITED STATES MAGISTRATE JUDGE

Is a Substitute Trustee a Nominal Party When It Is Determined to Be a Equal and Authoritative Party in Privity?

Texas Property Code] § 51.007(f) imposes a substantive pleading requirement on a plaintiff seeking to recover against a substitute trustee.

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Obviously, the clerk in charge of this opinion wasn’t very good at arithmetic at school and left it undisturbed from the lower court opinion.

LIT’s Texas Federal Foreclosure Tracker is Now Following ‘Alan’
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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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