LIT UPDATE
NOV. 23, 2023 JUN 30, 2024
It’s apparently STILL “free livin'” c/o DBNTCO and PHH OCWEN for this delinquent homeowner *represented by Bandit Lawyer Ray L. Shackelford, post judgment.
Status is still the same upon review of public records, McCullum’s homestead is McCullum’s.
Just shy of two years since dismissal of the federal lawsuit with prejudice in their favor, neither PHH Ocwen nor Deutsche Bank National Trust Co have moved forward with foreclosure proceedings.
Did McCullum pony up the full loan after defaulting on the modified home loan?
We doubt it.
But he’s still livin’ at the address per recent court filings and property records.
FEDERAL TRIAL DELAYED AGAIN
“Investigators believe Busby and Hutchison are part of an alleged $7M kickback scheme in HISD funds over 7 years.
Investigators allege Hutchison billed HISD millions for work it was contracted to perform but never completed.” https://t.co/Zw8e8Rh3WQ— lawsinusa (@lawsinusa) June 30, 2024
LAWYER PPP LOAN FRAUD IN TEXAS REMAINS CRIMINALLY UNPUNISHED
LIT has proven PPP loan application fraud by 3 separate lawyers (inc. Shackelford), yet they remain above the law, unlike citizens who are indicted and jailed for similar fraud.
There is no active Sole Proprietor DBA named “Ray L. Shackelford” in 2020/2021 registered in Harris County assumed name database which is active.
Indeed, in this case filed in both Harris County District Court and removed to S.D. Texas, all pleadings by Shack for his client, submitted under the penalty of perjury, were signed off under an entity – Shackelford & Associates LLC – which were during the same period Shackelford fraudulently claimed he was a sole proprietor to obtain 2 PPP loans.
The two PPP Loans were fraudulently obtained by submitting falsified loan applications, a criminal offense. Both loans have been forgiven.
Furthermore, the amounts received, which are calculated from disclosed income, amounting to PPP loans of $20,832 in 2020 and $17,882 in 2021 defies a lawyer able to purchase and finance a $1.5m mortgage for a new home in 2023.
There is no active Sole Proprietor DBA named “Charlene Daniels” in 2020/2021 registered in Harris County assumed name database which is active.
Indeed, in this case filed in both Harris County District Court and removed to S.D. Texas, the affidavits by Shack or his client, submitted under the penalty of perjury, were notarized by Charlene Daniels and it would be interesting to see if she is working for Shackelford & Associates LLC, or as an independent contractor on her tax returns with the Inland Revenue.
The notarized filings were during the same period Daniels appears to have fraudulently claimed she was a sole proprietor to obtain a PPP loan.
The PPP Loan seems to be fraudulently obtained by submitting a falsified loan application, a criminal offense. The loan has been forgiven.
Furthermore, the amount received, which is calculated from disclosed income, amounts to a PPP loan of $20,832 in 2020 – which surprisingly is exactly the same amount for lawyer Ray Shackelford, despite her being an Administrative Asst and Notary.
She is also a resident and joint owner for the multi-million dollar new home in 2023.
202331476 –
ROSALES, JAVIER ALBERTO CUELLAR vs. RODRIGUEZ, CARLOS BARRERA, MCCULLUM JAMES BERNARD, ET AL
(Court 129, JUDGE MICHAEL GOMEZ)
MAY 19, 2023 | REPUBLISHED BY LIT: NOV 23, 2023
In foreclosure and trustee sales proceedings for at least 23 years, attorney Ray L. Shackelford is representing his mother in a home he deeded to her in 1987, which faces foreclosure again. It’s another attempt in 2023 before Judge Drew Tipton. https://t.co/TgDvSIT0Zg#TWO #NMA
— lawsinusa (@lawsinusa) November 3, 2023
LIT UPDATE (SEP. 28, 2022)
It’s apparently “free livin'” for this homeowner, post judgment.
No Expedited Filing of Foreclosure in Harris County District Court, where you’d expect the foreclosure mill lawyers to file.
Lot’s of Free Livin’ goin’ on post Judge Alfred H. Bennett’s foreclosure judgment in December 2021 for a homeowner represented by Houston lawyer Ray Shackelford. https://t.co/vwxN918Kha @judgewise @uscourts @USMarshalsHQ @MikeEngelhart @Public_Justice @LStarLegal @LSCtweets @ABC
— lawsinusa (@lawsinusa) September 28, 2022
This was an HOA foreclosure filing for non-payment of fees. It was filed on Feb 23, 2021 and judgment was granted by Judge Lauren Reeder on June 15, 2021.. Later, on Sep 7, 2021, there was a notice filed stating the debt owed had been fully satisfied.
McCullum v. PHH Mortgage Corporation
(4:21-cv-03010)
District Court, S.D. Texas
SEP 16, 2021 | REPUBLISHED BY LIT: SEP 18, 2021
DEC 23, 2021 JOINT DISMISSAL WITH PREJUDICE FILED FOR JUDGE BENNETT’S APPROVAL
Update: 30, Nov. 2021: In 66 days, Bennett has scheduled the initial conference. Is the settlement off, or is this just a diary reminder for everyone that this needs to be settled by this date?
It looks like McCullum is familiar with S.D. Tex in a related action dismissed in 2019. LIT has also previously highlighted the attorney who is apparently representing McCullum in this foreclosure lawsuit.
This is literally just under way, we’ll be updating this page with more information as it is released and who the random judge assignment will fall to in this instance.
ANOTHER FORECLOSURE BENDS INTO BENNETTS’ COURT AND ITS ANOTHER TENTATIVE SETTLEMENT
NOV 19, 2021 | REPUBLISHED BY LIT: NOV 30, 2021
JOINT NOTICE/ADVISORY REGARDING SETTLEMENT AND AGREED MOTION FOR CONTINUANCE OF DEADLINES
Plaintiff, James Bernard McCullum, (“Plaintiff”), and Defendant, PHH Mortgage Corporation (“Defendant”) (collectively the “Parties”), hereby file this Joint Notice/Advisory Regarding Settlement and Agreed Motion for Continuance of Deadlines.
The Parties have reached a settlement in principle of this action and are in the process of finalizing settlement terms and memorializing the settlement terms in a comprehensive settlement and release agreement and other related documents, so that the settlement terms may be effected.
Once the final settlement terms are reached, the settlement documents will be finalized, reviewed and executed by the Parties and dismissal pleadings filed in this action.
To avoid additional costs of litigation and use of this Court’s resources, and to allow time for finalization of the settlement, the Parties have agreed, and request the Court’s approval, to continue and suspend this action and any pending deadlines for a period of 60 days.
There is no Scheduling Order in place for this action and the only current filing deadline is to submit a proposed scheduling order and joint discovery and case management plan by November 23, 2021, which will be rendered moot in light of the settlement.
As such, the Court’s docket will not be impacted by the requested relief.
The Parties shall submit appropriate dismissal pleadings to the Court within that time period or, if that is not possible, shall file a further Advisory with the Court advising as to the status of settlement.
The Parties file this Notice/Advisory and Agreed Motion subject to and without waiver of any and all rights or defenses in this cause. A proposed Agreed Order has been submitted herewith.
WHEREFORE, Plaintiff and Defendant respectfully request that this Court take notice of this Notice/Advisory and all matters addressed herein, and order continuance and suspension of this action and all deadlines for a period of 60 days to allow the Parties to finalize their settlement and submit appropriate dismissal pleadings to the Court.
November 19 , 2021
Jointly Respectfully Submitted and Agreed:
SHACKELFORD & ASSOCIATES, LLC
By: /s/ Ray L. Shackelford (signed with permission)
Ray L. Shackelford State Bar No. 18071500 rshackctic@yahoo.com
1406 Southmore Blvd.
Houston, Texas 77004
(713) 520-8484
(713) 520-8192 (Fax)
Attorneys for Plaintiff
DYKEMA GOSSETT PLLC
By: /s/ Brett W. Schouest
Brett W. Schouest
State Bar No. 17807700 Southern District I.D. No. 15356 bschouest@dykema.com
Carrie C. Gorner
State Bar No. 24101198
Southern District I.D. No. 3709663 cgorner@dykema.com
112 E. Pecan, Suite 1800 San Antonio, TX 78205 (210) 554-5500
(210) 226-8395 (Fax)
Attorneys for Defendant
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:21-cv-03010
McCullum v. PHH Mortgage Corporation Assigned to: Cause: 28:1332 Diversity-Contract Dispute |
Date Filed: 09/16/2021 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
Plaintiff | ||
James Bernard McCullum | represented by | James Bernard McCullum c/o Ray L. Shackelford Email: rshackctic@yahoo.com PRO SE |
V. | ||
Defendant | ||
PHH Mortgage Corporation | represented by | Brett W Schouest Dykema Gossett PLLC 112 E Pecan Ste 1800 San Antonio, TX 78205 210-554-5500 Fax: 210-226-8395 Email: bschouest@dykema.com ATTORNEY TO BE NOTICED |
Date Filed | # | Docket Text |
---|---|---|
09/16/2021 | 1 | NOTICE OF REMOVAL from 55th Harris County District Court, case number 2021-56849 (Filing fee $ 402 receipt number 0541-27052081) filed by PHH Mortgage Corporation. (Attachments: # 1 Appendix Index to Federal Notice of Removal, # 2 Civil Cover Sheet)(Schouest, Brett) (Entered: 09/16/2021) |
09/16/2021 | 2 | CORPORATE DISCLOSURE STATEMENT by PHH Mortgage Corporation, filed.(Schouest, Brett) (Entered: 09/16/2021) |