Picado v. Carrington Mortgage Services, LLC
(3:21-cv-00221)
District Court, W.D. Texas
SEP 14, 2021 | REPUBLISHED BY LIT: SEP 22, 2021
Akerman didn’t want their photo’s on LIT with ‘Voluntarily Dismissed by Homeowner’ so they told the Judge to vacate the dismissal without prejudice, and enter judgment with prejudice and while you’re at it ‘friend of the court’, tack on the illegal attorney fees. Sure said the compliant judge to his fellow lawyers, for you, anything.
U.S. District Court [LIVE]
Western District of Texas (El Paso)
CIVIL DOCKET FOR CASE #: 3:21-cv-00221-DB
| Picado v. Carrington Mortgage Services, LLC et al Assigned to: Judge David Briones
Cause: 28:1441 Petition for Removal – Foreclosure |
Date Filed: 09/14/2021 Date Terminated: 04/19/2022 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 08/10/2022 | 19 | ORDER GRANTING 16 Motion to Vacate 16 MOTION to Vacate Judgment, Enforce Settlement Agreement and Dismiss Picado’s Claims with Prejudice Signed by Judge David Briones. (lc3) (Entered: 08/10/2022) |
| 08/24/2022 | 20 | MOTION for Attorney Fees by Carrington Mortgage Services, LLC. (Attachments: # 1 Exhibit)(McKleroy, Michael) Modified on 8/24/2022 (lc3). (Entered: 08/24/2022) |
| 08/24/2022 | 21 | DEFICIENCY NOTICE:TO: MICHAEL MCKLEROY re 20 MOTION for Attorney Fees (lc3) (Entered: 08/24/2022) |
| 08/24/2022 | 22 | Proposed Order to 20 MOTION for Attorney Fees by Carrington Mortgage Services, LLC. (McKleroy, Michael) (Entered: 08/24/2022) |
| 09/12/2022 | 23 | NOTICE OF NO RESPONSE BY ANTONIO PICADO by Carrington Mortgage Services, LLC re 20 MOTION for Attorney Fees (McKleroy, Michael) (Entered: 09/12/2022) |
| 09/13/2022 | 24 | ORDER GRANTING 20 Motion for Attorney Fees Signed by Judge David Briones. (lc3) (Entered: 09/13/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 09/14/2022 17:06:45 |
Jun 29: MOTION to Vacate Judgment, Enforce Settlement Agreement and Dismiss Picado’s Claims with Prejudice
by Carrington Mortgage Services, LLC, Wilmington Savings Fund Society, FSB. (McKleroy, Michael)
Jul 21: NOTICE of No Response to Defendants’ Motion to Vacate Judgment, Enforce Settlement Agreement and Dismiss Picado’s Claims with Prejudice by Carrington Mortgage Services, LLC (McKleroy, Michael)
Why should Picado’s counsel – if this new series of motions by Akerman stand, be allowed to abandon client without a show cause order? Or perhaps the Judge deems Akerman’s motions are meritless and no answer required?
Jul 25: Proposed Order Granting to 16 MOTION to Vacate Judgment, Enforce Settlement Agreement and Dismiss Picado’s Claims with Prejudice by Carrington Mortgage Services, LLC, Wilmington Savings Fund Society, FSB.
Let’s hope the court addresses the same before issuing a final order.
U.S. District Court [LIVE]
Western District of Texas (El Paso)
CIVIL DOCKET FOR CASE #: 3:21-cv-00221-DB
| Picado v. Carrington Mortgage Services, LLC et al Assigned to: Judge David Briones
Cause: 28:1441 Petition for Removal – Foreclosure |
Date Filed: 09/14/2021 Date Terminated: 04/19/2022 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/29/2022 | 16 | MOTION to Vacate Judgment, Enforce Settlement Agreement and Dismiss Picado’s Claims with Prejudice by Carrington Mortgage Services, LLC, Wilmington Savings Fund Society, FSB. (McKleroy, Michael) (Entered: 06/29/2022) |
| 07/21/2022 | 17 | NOTICE of No Response to Defendants’ Motion to Vacate Judgment, Enforce Settlement Agreement and Dismiss Picado’s Claims with Prejudice by Carrington Mortgage Services, LLC (McKleroy, Michael) (Entered: 07/21/2022) |
| 07/25/2022 | 18 | Proposed Order Granting to 16 MOTION to Vacate Judgment, Enforce Settlement Agreement and Dismiss Picado’s Claims with Prejudice by Carrington Mortgage Services, LLC, Wilmington Savings Fund Society, FSB. (McKleroy, Michael) (Entered: 07/25/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 07/31/2022 12:06:45 |
It’s early stages for Antonio, who’s up against Ackerman, Carrington and Wilmington, in W.D. Texas Federal Court after removal from State Court. Bookmark this article as we’ll be updating it frequently as it’s on our foreclosure tracker list.
Deutsche Bank’s Legal Team Loses All Power in Attempt to Foreclose on Electrician Dennis Kirchner’s Home
After the 5th Circuit Shorts Out the Appeal in a July 2018 Opinion, the First Legal Attempt to Foreclose in Late 2021 is Abandoned.
Legal Showdown: Inside the CFPB’s $8 Late Fee Limit Saga and Its Impact on Texas Federal Judiciary
Untangling the Complexity: Dissecting Injunctions, Venue Struggles, and the Moral Fabric of Judicial Conduct Amidst Nationwide Critique.
Supreme Court Reverses Fifth Circuit and S.D. Texas Court’s Interpretation of “Actual Fraud”
SCOTUS: We interpret actual fraud to encompass fraudulent conveyance schemes, even when those schemes do not involve a false representation.
U.S. District Court [LIVE]
Western District of Texas (El Paso)
CIVIL DOCKET FOR CASE #: 3:21-cv-00221-DB
| Picado v. Carrington Mortgage Services, LLC et al Assigned to: Judge David Briones
Cause: 28:1441 Petition for Removal – Foreclosure |
Date Filed: 09/14/2021 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Antonio Picado | represented by | Gabriel Perez Zendeh Del & Associates, PLLC Bankruptcy/Civil 1813 61st Steet Suite 101 Galveston, TX 77551 4097401111 Fax: 4095155007 Email: gabe@zendehdel.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Carrington Mortgage Services, LLC | represented by | Monica Lizette Summers Akerman LP 112 E. Pecan St., Suite 2750 San Antonio, TX 78205 210-582-0220 Email: monica.summers@akerman.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDC. Charles Townsend Akerman LLP 2001 Ross Avenue Suite 3600 Dallas, TX 75201 (214) 720-4300 Fax: (214) 981-9339 Email: charles.townsend@akerman.com ATTORNEY TO BE NOTICED |
| Defendant | ||
| Wilmington Savings Fund Society, FSB as trustee of Upland Mortgage Loan Trust A |
represented by | Monica Lizette Summers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDC. Charles Townsend (See above for address) ATTORNEY TO BE NOTICED |
| Defendant | ||
| Tracey Midkiff Substitute Trustee |
||
| Date Filed | # | Docket Text |
|---|---|---|
| 09/14/2021 | 1 | NOTICE OF REMOVAL by Wilmington Savings Fund Society, FSB, Carrington Mortgage Services, LLC (Filing fee $402 receipt number 0542-15223675), filed by Wilmington Savings Fund Society, FSB, Carrington Mortgage Services, LLC. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1 – Petition, # 3 Exhibit 2 – Temporary restraining order, # 4 Exhibit 3 – Citation requests, # 5 Exhibit 4 – Order setting hearing, # 6 Exhibit 5 – Carrington and Wilmington’s answer, # 7 Exhibit 6 – Docket sheet, # 8 Exhibit 7 – Appraisal district valuation, # 9 Exhibit 8 – Civil cover sheet, # 10 Exhibit 9 – Supplemental civil cover sheet)(Townsend, C.) (Entered: 09/14/2021) |
| 09/14/2021 | 2 | RULE 7 DISCLOSURE STATEMENT filed by Carrington Mortgage Services, LLC, Wilmington Savings Fund Society, FSB. (Summers, Monica) (Entered: 09/14/2021) |
| 09/20/2021 | 3 | Letter to Appear Pro Hac Vice (lc3) (Entered: 09/20/2021) |
