LIT UPDATE & COMMENTARY
The McClouds are legally “Tenants in Sufferance”
In Harris County Real Property Records in Feb. 2024, there’s a Special Warranty Deed conveying the McCloud’s home to two individuals for $10, followed shortly thereafter by a recorded lis pendens in March 2024 by the McCloud’s lawyer. At the same time, the eviction case is dismissed without prejudice in early March, 2024.
It should be noted that the home was sold at the December 2021 foreclosure auction for a credit bid amount of $186k by DBNTCO c/o SPS: which means that the debt’s been written off for years.
Kirk McCloud and Letina McCloud
Deutsche Bank National Trust Company, as trustee, in trust for registered holders of Long Beach Mortgage Loan Trust 2006-5, Asset-Backed Certificates 2006-5, Select Portfolio Servicing Inc. and McCarthy & Holthus, LLP
01-23-00606-CV | 08/17/2023
UPDATES
LIT last updated this article on
Aug. 23, Dec. 26, 2023
Feb 14, MAR 19, JUN 22, 2024
This situation exemplifies the profound impact of LIT’s groundbreaking constitutional challenge on the conventional filing process of the clerk’s record. Notably, McCloud has refrained from submitting any records in this instance, ostensibly influenced by financial constraints.
Yet, thanks to the triumphant constitutional challenge led by LIT’s founder, the Supreme Court has enacted an amendment regarding appeals from final judgments. This amendment now facilitates litigants in submitting records expediently without incurring fees, thereby eliminating the obligatory payment for record-related expenses.
Response due (none filed)
No payment arrangements made with court reporter for record.
No payment arrangements made with trial court clerk for record.
McCloud v. Deutsche Bank National Trust Company, As Trustee, In Trust for Registered Holders Of Long Beach Mortgage Loan Trust 2006-5, Asset-Backed Certificates 2006-5
(4:22-cv-01694)
District Court, S.D. Texas, Assigned To: Judge George Carol Hanks Jr.
MAY 24, 2022 | REPUBLISHED BY LIT: JUN 9, 2022
UPDATES
LIT last updated this article on May 10 Jul. 30, 2023
PLAINTIFF's LOST AND FORMALLY REQUESTING A NEW TRIAL IN STATE COURT
Plaintiffs Response to Defendants Motion for Summary Judgment and Plaintiffs Motions to File Late Response and for Continuance
Screenshot, Oct 30, 2022 (Answer: NADA, Zero, Zilch Happens)
Aug. 17, 2022: Order remanding case to State Court (Rooker-Feldman doctrine applies)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01694
| McCloud et al v. Deutsche Bank National Trust Company et al Case remanded to the 165th Judicial District Court of Harris County, Texas. Assigned to: Judge George C Hanks, Jr
Cause: 28:1331 Fed. Question |
Date Filed: 05/24/2022 Date Terminated: 08/17/2022 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Federal Question |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/28/2022 | 12 | BRIEF Brief in Opposition to Plaintiffs Request for Injunctive Relief re: 7 Opposed MOTION for Temporary Restraining Order by Deutsche Bank National Trust Company, Select Portfolio Servicing, Inc., filed.(Hord, Michael) (Entered: 06/28/2022) |
| 06/28/2022 | 13 | BRIEF in Support re: 7 Opposed MOTION for Temporary Restraining Order by Kirk McCloud, Lettina McCloud, filed.(Sanchez, Benjamin) (Entered: 06/28/2022) |
| 08/10/2022 | 14 | MOTION for Temporary Restraining Order by Kirk McCloud, Lettina McCloud, filed. Motion Docket Date 8/31/2022. (Attachments: # 1 Exhibit Notice to Vacate)(Sanchez, Benjamin) (Entered: 08/10/2022) |
| 08/11/2022 | 15 | RESPONSE in Opposition to 14 MOTION for Temporary Restraining Order, filed by Deutsche Bank National Trust Company, Select Portfolio Servicing, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Hord, Michael) (Entered: 08/11/2022) |
| 08/17/2022 | 16 | ORDER Remanding Case. (Signed by Judge George C Hanks, Jr) Parties notified.(kpicota, 4) (Entered: 08/17/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 08/24/2022 12:09:33 |
The Court held an injunction hearing.
The parties will provide additional briefing on the jurisdictional issues raised by the Court on or before June 28, 2022.
The duration of the temporary restraining order entered by the Court [Dkt. 8] is extended to and includes July 1, 2022.
Removed to Fed Court on May 26, 2022.
202229461
MCCLOUD, KIRK E vs. DEUTSCHE BANK NATIONAL TRUST COMPANY (AS TRUSTEE IN TRUST FOR
MAY 17, 2022 | REPUBLISHED BY LIT: MAY 19, 2022
202229461 –
MCCLOUD, KIRK E vs. DEUTSCHE BANK NATIONAL TRUST COMPANY (AS TRUSTEE I
(Court 165, JUDGE URSULA A. HALL)
MAY 17, 2022 | REPUBLISHED BY LIT: AUG 23, 2023
UPDATE; CASE NOW ON APPEAL
Bookmark for updates although don’t hold your breath, admonished Judge Ursula Hall is presiding.
DEUTSCHE BANK NATIONAL TRUST COMPANY VS LETTINA MCCLOUD, KIRK E. MCCLOUD, ALL OTHER OCCUPANTS
Judge Jim Kovach (1193441 – case abated)
OCT 19, 2022 | REPUBLISHED BY LIT: AUG 23, 2023
Blatant Judge Shopping as Sanctioned Lyin’ Lawyer Clay Vilt Features with Ursula Hall in Samurai III
Bandit Lawyer Clay Vilt returns for third attempt and finds himself before sanctioned and admonished Harris County District Judge Ursula Hall
Patrick Smith Contends Bank of America Stiffed Him On His Credit Card Fraud Claim
Bank of America Fraud Protection taken to task in this now removed lawsuit, to be heard before Judge Sim Lake, SDTX, Houston Division.
No Attorney Fees Filed by Deutsche Bank Despite Approval by Magistrate Judge Farrer
Magistrate Judge Farrer Questions Mackie Wolf’s Complaint and Rejects their Over-arching Default Judgment Demands on Behalf of Deutsche Bank.
