By
Posted on
Crotts v. Freedom Mortgage Corporation
(4:22-cv-01447)
District Court, S.D. Texas
MAY 5, 2022 | UPDATE BY LIT: FEB 14, 2024
Order of USCA – Per Curiam re: 40 Notice of Appeal ; USCA No. 23-20028.
Because the district court properly granted FMC’s motion for summary judgment and properly denied Crotts’ motion for leave to amend, we AFFIRM the district court’s judgment, filed.
(MaricelaPerez, 1) (Entered: 08/23/2023)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01447
| Crotts v. Freedom Mortgage Corporation Assigned to: Judge Kenneth M Hoyt
Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 05/05/2022 Date Terminated: 12/14/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 12/14/2022 | 36 | MEMORANDUM AND ORDER granting 26 Freedom Mortgage Corporation’s MOTION for Summary Judgment. (Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 12/14/2022) |
| 12/14/2022 | 37 | FINAL JUDGMENT; the plaintiff takes nothing by his suit. Case terminated on December 14, 2022.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 12/14/2022) |
| 12/28/2022 | 38 | MOTION for Reconsideration of 36 Memorandum and Order by Alan Nelson Crotts, filed. Motion Docket Date 1/18/2023. (AntonioBanda, 4) (Entered: 12/28/2022) |
| 01/05/2023 | 39 | ORDER denying 38 Plaintiff’s Motion to Amend Judgment.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 01/05/2023) |
| 01/25/2023 | 40 | NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 37 Final Judgment, 34 Order on Motion to Amend by Alan Nelson Crotts, filed.(TerriHanniable, 4) (Entered: 01/25/2023) |
| 01/25/2023 | 41 | PLAINTIFF’S Certificate that Transcript is not being requested by Alan Nelson Crotts, filed.(TerriHanniable, 4) (Entered: 01/25/2023) |
| 01/26/2023 | 42 | Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: 40 Notice of Appeal. Fee status: Paid, filed. (Attachments: # 1 Notice of Appeal) (EfrainGarcia, 1) (Entered: 01/26/2023) |
| 02/02/2023 | 43 | Transmittal Letter on Appeal re: 40 Notice of Appeal. The electronic record on CD is being sent to Alan Nelson Crotts, Appellant via Regular Mail. (USCA No. 23-20028), filed. (EfrainGarcia, 1) (Entered: 02/02/2023) |
| 08/23/2023 | 44 | Order of USCA; Judgment issued as mandate 8/23/2023 re: 40 Notice of Appeal ; USCA No. 23-20028. IT IS ORDERED and ADJUDGED that the judgment of the District Court is AFFIRMED, filed.(MaricelaPerez, 1) (Entered: 08/23/2023) |
| 08/23/2023 | 45 | Order of USCA – Per Curiam re: 40 Notice of Appeal ; USCA No. 23-20028. Because the district court properly granted FMC’s motion for summary judgment and properly denied Crotts’ motion for leave to amend, we AFFIRM the district court’s judgment, filed.(MaricelaPerez, 1) (Entered: 08/23/2023) |
| 09/08/2023 | 46 | Plaintiff’s Rule 60 MOTION to Vacate the judgement by Alan Nelson Crotts, filed. Motion Docket Date 9/29/2023. (AaronJackson, 4) (Entered: 09/08/2023) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 02/14/2024 06:26:24 |
Crotts v. Freedom Mortgage Corporation
(4:22-cv-01447)
District Court, S.D. Texas
MAY 5, 2022 | REPUBLISHED BY LIT: MAY 8, 2022
Alan Crotts: ‘Affidavit of Business Records’
Alan Crotts: “I have never missed a payment” (Affidavit).
LIT; That hasn’t stopped a mortgage servicer from refusing to apply the checks to the account to put you in default – it’s been going on since the financial crisis in 2008 – 2022.https://t.co/GTrnRQwa1K
Turn up volume: pic.twitter.com/j7IrMqCWpb
— lawsinusa (@lawsinusa) September 14, 2022
Another procedural mess; Conference held (22nd Sept) but Order signed 20th Sept. by Judge Hoyt, 2 days prior to conference.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01447
Create an Alert for This Case on RECAP
| Crotts v. Freedom Mortgage Corporation Assigned to: Judge Kenneth M Hoyt
Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 05/05/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 09/22/2022 | 24 | ORDER FOLLOWING TELEPHONE SCHEDULING CONFERENCE held on September 22, 2022 at 8:45 a.m. Appearances: Waived. Telephonic appearances are waived. Initial Disclosures due by 9/26/2022. Pltf Expert Witness List due by 3/13/2023. Dispositive Motion Filing due by 4/15/2023. Docket Call set for 7/3/2023 at 11:30 AM in Courtroom 11A before Judge Kenneth M Hoyt. Discovery may be extended by agreement of the parties without Court intervention. The dispositive motion deadline and docket call dates, however, may not be extended without leave of Court. Attorney’s fee applications are handled on the papers of the parties after notice. Expedited responses are required on all pretrial motions save dispositive motions. ETT: 4 hours. Bench trial. (Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 09/22/2022) |
| 09/26/2022 | 25 | INITIAL DISCLOSURES by Freedom Mortgage Corporation, filed.(Conway, Bradley) (Entered: 09/26/2022) |
| 09/27/2022 | 26 | MOTION for Summary Judgment by Freedom Mortgage Corporation, filed. Motion Docket Date 10/18/2022. (Attachments: # 1 Exhibit A – Affidavit, # 2 Proposed Order Granting Defendant’s Motion for Summary Judgment)(Conway, Bradley) (Entered: 09/27/2022) |
| 09/29/2022 | 27 | CERTIFICATE OF INTERESTED PARTIES by Alan Nelson Crotts, filed.(DarleneHansen, 4) (Entered: 09/29/2022) |
| 09/29/2022 | 28 | INITIAL DISCLOSURES – Certificate of Rule 26 by Alan Nelson Crotts, filed. (RachelWillborg, 4) (Entered: 09/29/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 10/04/2022 21:39:34 |
Alan Crotts: “I have never missed a payment” (Affidavit).
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01447
Create an Alert for This Case on RECAP
| Crotts v. Freedom Mortgage Corporation Assigned to: Judge Kenneth M Hoyt
Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 05/05/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/29/2022 | 16 | REPLY to 14 Objections , filed by Freedom Mortgage Corporation. (Conway, Bradley) (Entered: 06/29/2022) |
| 07/05/2022 | 17 | ORDER denying 4 Defendant’s Motion to Dismiss. The issues raised are best resolved by a motion for summary judgment.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 07/05/2022) |
| 07/05/2022 | 18 | ORDER denying 7 Plaintiff’s Motion for Temporary Restraining Order..(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 07/05/2022) |
| 07/05/2022 | 19 | ORDER Granting 13 Motion for Leave to File Amended Complaint.(Signed by Judge Kenneth M Hoyt) Parties notified.(jguajardo, 4) (Entered: 07/05/2022) |
| 07/05/2022 | 20 | Plaintiff’s First AMENDED COMPLAINT against All Defendants filed by Alan Nelson Crotts. Related document: 1 Notice of Removal, filed by Freedom Mortgage Corporation.(jguajardo, 4) (Entered: 07/05/2022) |
| 07/18/2022 | 21 | ANSWER to 20 Amended Complaint/Counterclaim/Crossclaim etc. by Freedom Mortgage Corporation, filed.(Conway, Bradley) (Entered: 07/18/2022) |
| 09/12/2022 | 22 | AFFIDAVIT of Plaintiff’s Business Records, filed.(DMcKinnieRichardson, 4) (Entered: 09/12/2022) |
| 09/12/2022 | 23 | REPORT of Rule 26(f) Planning Meeting by Freedom Mortgage Corporation, filed.(Conway, Bradley) (Entered: 09/12/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 09/14/2022 17:19:13 |
Non-Prisoner Crotts requests efiling permission (again).
The Southern District is in direct conflict with the Northern District, which mandates efiling.
This is the standard in state courts, for example Harris County. The fact that Houston are refusing efiling is an abuse in today’s age and the pandemic, where every meeting went remote and electronic filing standard.
Let’s hope common sense prevails, but this Federal court is extremely arrogant and has a Chief Judge with the “Its me against you (citizens)” attitude.
Furthermore, in this case the CIP filed by Suggs lawyer is late – it should have been filed along with the removal. Crotts is pro se, but he’s late with his CIP as well, so that should be addressed as soon as he becomes aware.
Of course, as per usual with foreclosure mill lawyers, Suggs have also filed a premature Motion to Dismiss.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01447
Create an Alert for This Case on RECAP
| Crotts v. Freedom Mortgage Corporation Assigned to: Judge Kenneth M Hoyt
Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 05/05/2022 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/01/2022 | 10 | MOTION for Extension of Time to file response to Defendant’s motion to dismiss by Alan Nelson Crotts, filed. Motion Docket Date 6/22/2022. (SpencerSavarese, 4) (Entered: 06/01/2022) |
| 06/01/2022 | 11 | MOTION to Withdraw 6 MOTION to Remand by Alan Nelson Crotts, filed. Motion Docket Date 6/22/2022. (SpencerSavarese, 4) (Entered: 06/01/2022) |
| 06/09/2022 | 12 | First RESPONSE in Opposition to 7 MOTION for Temporary Restraining Order, filed by Freedom Mortgage Corporation. (Conway, Bradley) (Entered: 06/09/2022) |
| 06/22/2022 | 13 | MOTION for Leave to File Amended Petition by Alan Nelson Crotts, filed. Motion Docket Date 7/13/2022. (Attachments: # 1 Amended Petition)(VanesaAranda, 3) (Entered: 06/22/2022) |
| 06/22/2022 | 14 | OBJECTIONS to 4 MOTION to Dismiss Pursuant to Federal Rule of Procedure 12(b)(6), filed by Alan Nelson Crotts. (VanesaAranda, 3) (Entered: 06/22/2022) |
| 06/22/2022 | 15 | Letter from Alan N. Crotts re: E-file access, filed. (VanesaAranda, 3) (Entered: 06/22/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 06/25/2022 13:44:27 |
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01447
Create an Alert for This Case on RECAP
| Crotts v. Freedom Mortgage Corporation Assigned to: Judge Kenneth M Hoyt
Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 05/05/2022 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 05/05/2022 | 1 |
NOTICE OF REMOVAL from 458th District Court, case number 22-DCV-29287 (Filing fee $ 402 receipt number ATXSDC-28134068) filed by Freedom Mortgage Corporation. (Attachments: # 1 Exhibit A – State Court Docket, # 2 Exhibit B – State Court Pleadings, # 3 Exhibit C – Declaration of BC, # 4 Civil Cover Sheet)(Conway, Bradley) (Entered: 05/05/2022) |
| 05/06/2022 | 2 | NOTICE to Pro Se Litigant of Case Opening. Party notified, filed. (BrandisIsom, 4) (Entered: 05/06/2022) |
| 05/09/2022 | 3 | 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 9/22/2022 at 08:45 AM before Judge Kenneth M Hoyt.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 05/09/2022) |
| 05/12/2022 | 4 | MOTION to Dismiss Pursuant to Federal Rule of Procedure 12(b)(6) by Freedom Mortgage Corporation, filed. Motion Docket Date 6/2/2022. (Attachments: # 1 Proposed Order Granting Defendant’s Motion to Dismiss)(Conway, Bradley) (Entered: 05/12/2022) |
| 05/12/2022 | 5 | MOTION to e-file documents by Alan Nelson Crotts, filed. Motion Docket Date 6/2/2022. (Attachments: # 1 Motion)(hlerma, 4) (Entered: 05/12/2022) |
| 05/12/2022 | 6 | MOTION to Remand by Alan Nelson Crotts, filed. Motion Docket Date 6/2/2022. (Attachments: # 1 Motion)(hlerma, 4) (Entered: 05/12/2022) |
| 05/19/2022 | 7 | MOTION for Temporary Restraining Order and Injunctive Releif by Alan Nelson Crotts, filed. Motion Docket Date 6/9/2022. (ShannonHolden, 4) (Entered: 05/19/2022) |
| 05/20/2022 | 8 | CERTIFICATE OF INTERESTED PARTIES by Freedom Mortgage Corporation, filed.(Conway, Bradley) (Entered: 05/20/2022) |
| 05/23/2022 | 9 | ORDER denying 5 MOTION to e-file documents (Signed by Judge Kenneth M Hoyt) Parties notified.(olindor, 4) (Entered: 05/23/2022) |
New foreclosure. Bookmark for Updates.
The Interplay Between DHI to RAD Diversified REIT Inc. Raises Liquidity Concerns
LIT Investigates RAD Diversified REIT Inc., aka Brandon Dutch Mendenhall and Amy Vaughn’s businesses which appear to be in financial stress.
The Legal Puzzle: Statutory and Procedural Quandaries in Irene Ruiz v Deutsche Bank National Trust Co.
A Closer Look: Contractual Ambiguities Amidst a Landscape of Non-Judicial Foreclosures and Bankruptcies in Irene Ruiz v Deutsche Bank.
Bank Claims Lawyer Anthony S Muharib’s 2023 Range Rover Behind Gate at 4723 Ivanhoe St Residence
There’s quite an uptick in lawyers’ with addresses at Ivanhoe Street attending court cases about debts owed as highlighted on LIT.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01447
Create an Alert for This Case on RECAP
| Crotts v. Freedom Mortgage Corporation Assigned to: Judge Kenneth M Hoyt
Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 05/05/2022 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Alan Nelson Crotts | represented by | Alan Nelson Crotts 6431 Box Bluff Court Sugar Land, Tx 77479 PRO SE |
| V. | ||
| Defendant | ||
| Freedom Mortgage Corporation | represented by | Bradley James Conway Miller, George & Suggs, PLLC 5601 Democracy Drive, Suite 265 Plano, TX 75204 972-532-0128 Fax: 214-291-5507 Email: bconway@mgs-legal.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 05/05/2022 | 1 | NOTICE OF REMOVAL from 458th District Court, case number 22-DCV-29287 (Filing fee $ 402 receipt number ATXSDC-28134068) filed by Freedom Mortgage Corporation. (Attachments: # 1 Exhibit A – State Court Docket, # 2 Exhibit B – State Court Pleadings, # 3 Exhibit C – Declaration of BC, # 4 Civil Cover Sheet)(Conway, Bradley) (Entered: 05/05/2022) |
| 05/06/2022 | 2 | NOTICE to Pro Se Litigant of Case Opening. Party notified, filed. (BrandisIsom, 4) (Entered: 05/06/2022) |
