bankers

FEMA and HUD Prevents Deutsche Bank’s Default Judgment of Foreclosure for Texas Homeowner Carlton J. Walker

Deutsche Bank filed voluntary dismissal of case due to a foreclosure hold placed in the loan instituted by the FEMA and HUD. Hoyt granted it.

Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5 v. Walker

(4:20-cv-04281)
District Court, S.D. Texas

DEC 16, 2020 | REPUBLISHED BY LIT: SEP 19, 2021

PLAINTIFF’S NOTICE OF VOLUNTARY DISMISSAL

Plaintiff Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates Series 2005-R5 (“Deutsche” or “Plaintiff”) filed this Notice of Voluntary Dismissal (“Notice”) pursuant to Rule 41 of the Federal Rules of Civil Procedure, and shows the Court as follows:

On December 16, 2020, Deutsche filed its Original Complaint (“Complaint”) against Defendant Carlton J. Walker (“Defendant”) to obtain an order authorizing foreclosure of Plaintiff’s security interest on the real property located at 702 Shiremeadow Dr., Missouri City, Texas (ECF No. 1.)

Defendant was served on January 4, 2021. (ECF No. 7.) Defendant have not answered or otherwise appeared in this action (ECF No. 9.) On April 8, 2021, Plaintiff filed a Motion to Abate the case due to a foreclosure hold placed in the loan instituted by the Federal Emergency Management Administration (“FEMA”) and the Department of Housing and Urban Development (“DUH”). (ECF No. 10.)

Plaintiff no longer wishes to pursue this claim for judicial foreclosure against Accordingly, it files this Notice, pursuant to Rule 41 (a)(1)(A)(i) of the Federal Rules of Civil Procedure. Plaintiff files this Notice before Defendant filed an answer or motion for summary judgment. As such, Plaintiff voluntarily dismisses the claims it has asserted herein against Defendant without prejudice to the re-filing of the same.

Plaintiff’s claims are the only claims pending in this case, so dismissal will dispose of all parties and all claims, and the Defendant will not be prejudiced.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests the Plaintiff’s claims against Defendant be dismissed without prejudice, that no prejudice attach to such dismissal, and that Plaintiff be awarded all other relief to which Plaintiff may be entitled.

Respectfully submitted,

By: /s/ Vivian N. Lopez    

MARK D. CRONENWETT
Texas Bar No. 00787303
mcronenwett@mwzmlaw.com

VIVIAN N. LOPEZ
Texas Bar. No. 20818-PR
vlopez@mwzmlaw.com

MACKIE WOLF ZIENTZ & MANN, P. C.
14160 North Dallas Parkway, Suite 900
Dallas, TX 75254
Telephone: 214-635-2650
Facsimile: 214-635-2686

ATTORNEYS FOR PLAINTIFF

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U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:20-cv-04281

Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5 v. Walker
Assigned to: Judge Kenneth M Hoyt
Cause: 28:1332 Diversity-Breach of Contract
Date Filed: 12/16/2020
Date Terminated: 05/10/2021
Jury Demand: None
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity
Plaintiff
Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5 represented by Vivian Nahir Lopez
Mackie Wolf Zientz & Mann, P.C.
14160 North Dallas Parkway, Suite 900
Dallas, TX 75254
214-635-2662
Email: vlopez@mwzmlaw.com
ATTORNEY TO BE NOTICEDMark Douglas Cronenwett
Mackie Wolf Zientz & Mann, P.C.
14160 N. Dallas Parkway, Ste. 900
Dallas, TX 75254
214-635-2650
Fax: 214-635-2686
Email: mcronenwett@mwzmlaw.com
ATTORNEY TO BE NOTICED
V.
Defendant
Carlton J Walker

 

Date Filed # Docket Text
12/16/2020 1 COMPLAINT against Carlton J Walker (Filing fee $ 402 receipt number 0541-25679199) filed by Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Cronenwett, Mark) (Entered: 12/16/2020)
12/16/2020 2 CERTIFICATE OF INTERESTED PARTIES by Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5, filed.(Cronenwett, Mark) (Entered: 12/16/2020)
12/16/2020 3 Request for Issuance of Summons as to Carlton J Walker, filed.(Cronenwett, Mark) (Entered: 12/16/2020)
12/17/2020 4 Summons Issued as to Carlton J Walker. Issued summons delivered to plaintiff by NEF, filed.(DawnWaggoner, 4) (Entered: 12/17/2020)
12/18/2020 5 ORDER for Initial Pretrial and Scheduling Conference by Telephone and Order to Disclose Interested Persons. Counsel who filed or removed the action is responsible for placing the conference call and insuring that all parties are on the line. The call shall be placed to (713)250-5613. Telephone Conference set for 5/10/2021 at 08:45 AM by telephone before Judge Kenneth M Hoyt(Signed by Judge Kenneth M Hoyt) Parties notified.(hlerma, 4) (Entered: 12/18/2020)
12/29/2020 6 NOTICE of Appearance by Vivian N. Lopez on behalf of Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5, filed. (Lopez, Vivian) (Entered: 12/29/2020)
01/12/2021 7 RETURN of Service of SUMMONS Executed as to Carlton J Walker served on 1/4/2021, answer due 1/25/2021, filed.(Lopez, Vivian) (Entered: 01/12/2021)
02/08/2021 8 REQUEST for Entry of Default against Carlton J Walker by Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5, filed. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Lopez, Vivian) (Entered: 02/08/2021)
02/08/2021 9 MOTION for Default Judgment against Carlton J Walker by Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5, filed. Motion Docket Date 3/1/2021. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Lopez, Vivian) (Entered: 02/08/2021)
04/08/2021 10 MOTION to Abate by Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5, filed. Motion Docket Date 4/29/2021. (Attachments: # 1 Proposed Order)(Lopez, Vivian) (Entered: 04/08/2021)
05/03/2021 11 ORDER for Entry of Default against Defendant Carlton J. Walker 8 . (Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 05/03/2021)
05/03/2021 12 ORDER denying 10 Motion to Abate in light of the defendants default.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 05/03/2021)
05/04/2021 13 NOTICE of Dismissal as to Carlton J Walker by Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5, filed. (Attachments: # 1 Proposed Order)(Lopez, Vivian) (Entered: 05/04/2021)
05/10/2021 14 ORDER OF Voluntary DISMISSAL Without Prejudice 13 . Case terminated on May 10, 2021. (Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 05/10/2021)
FEMA and HUD Prevents Deutsche Bank’s Default Judgment of Foreclosure for Texas Homeowner Carlton J. Walker
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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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