Acceleration

Neither Side of the Table Are Behavin’ Properly in this Lengthy Foreclosure Battle

Luna’s real estate lawyers have filed a motion to withdraw as they don’t do federal defense of foreclosures but nearly all are snap removed.

Luna v. PHH Mortgage Corporation

(4:24-cv-00551)

District Court, S.D. Texas, Judge Hanks/ MJ Edison

Non-disclosure everywhere. Where to begin!

2018-2019

How’s about Gannon the Cannon and McGuireWoods in 2018? After obtaining a TRO, no TI, but yet no attempts by Ocwen to foreclosure without this protection in place.

2019

The name switching between Luna and Spinoso on lawsuit filings – is truly a spin.

Filing pro se in state court, Spinoso duplicates Gannon the Cannon’s filings and then the case is promptly removed. No injunctive relief or non-judicial foreclosures evident during this litigation period and prior to dismissal with prejudice to refiling by Judge Miller.

2024

The state court complaint by TREB law firm does not disclose any prior litigation, in keeping with the majority of foreclosure defense law firms we’ve published on LIT.

Minute Entry for proceeding held before Magistrate Judge Andrew M Edison on March 29, 2024.

Pre-Motion Hearing held rltd dkt 9 .

Plaintiff may file an amended complaint by 5/10/2024. Defendants are granted leave to file a motion to dismiss without the need to file another pre-motion letter.

Counsel for Plaintiff informed the Court that he is not licensed to practice in federal court. He is assisting Plaintiff in obtaining new counsel.

Plaintiff should endeavor to retain counsel licensed in the Southern District of Texas as promptly as possible.

Appearances: Jeremy Jang and Angela Walter for Plaintiff, Helen Turner for Defendants.

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:24-cv-00551

Luna et al v. PHH Mortgage Corporation
Assigned to: Judge George C Hanks, Jr

Case in other court:  151st District Court of Harris County, 202407284

Cause: 28:1332 Diversity-Notice of Removal

Date Filed: 02/15/2024
Jury Demand: None
Nature of Suit: 290 Real Property: Other
Jurisdiction: Diversity

 

Date Filed # Docket Text
03/22/2024 10 NOTICE of Referral of Motion to Magistrate Judge Andrew M Edison re 9 REQUEST for pre-motion conference, filed. (jg4) (Entered: 03/22/2024)
03/25/2024 11 NOTICE of Setting re: 9 REQUEST for pre-motion conference. Parties notified. Pre-Motion Conference set for 3/29/2024 at 09:00 AM by video before Magistrate Judge Andrew M Edison, filed. (rrc3) (Entered: 03/25/2024)
03/29/2024 12 Minute Entry for proceeding held before Magistrate Judge Andrew M Edison on March 29, 2024. Pre-Motion Hearing held rltd dkt 9 . Plaintiff may file an amended complaint by 5/10/2024. Defendants are granted leave to file a motion to dismiss without the need to file another pre-motion letter. Counsel for Plaintiff informed the Court that he is not licensed to practice in federal court. He is assisting Plaintiff in obtaining new counsel. Plaintiff should endeavor to retain counsel licensed in the Southern District of Texas as promptly as possible. Appearances: Jeremy Jang and Angela Walter for Plaintiff, Helen Turner for Defendants. (ERO: yes), filed. (rrc3) (Entered: 03/29/2024)

 


 

PACER Service Center
Transaction Receipt
03/30/2024 09:01:47

Removed to federal court on Feb. 15, 2024;

ORDER Striking Document re: 4 Motion to Dismiss filed by PHH Mortgage Corporation.

The motion does not comply with the Courts Procedures section 6(B), regarding pre-motion conferences required for particular motions.

(Signed by Judge George C Hanks, Jr) Parties notified. (ByronThomas, 4) (Entered: 02/23/2024)

NOTICE of Setting re: 9 REQUEST for pre-motion conference. Parties notified.

Pre-Motion Conference set for 3/29/2024 at 09:00 AM by video before Magistrate Judge Andrew M Edison, filed.

(rrc3) (Entered: 03/25/2024)

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:24-cv-00551

Luna et al v. PHH Mortgage Corporation
Assigned to: Judge George C Hanks, Jr

Case in other court:  151st District Court of Harris County, 202407284

Cause: 28:1332 Diversity-Notice of Removal

Date Filed: 02/15/2024
Jury Demand: None
Nature of Suit: 290 Real Property: Other
Jurisdiction: Diversity
Plaintiff
Juan Luna represented by Angela Walter
Texas Real Estate & Business Law Firm PLLC
1400 Broadfield Blvd
Suite 200
77084
Houston, TX 77042
832-205-8144
Email: service@waltertruongpllc.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDJeremy Jang
Texas Real Estate & Business Law Firm, PLLC
1400 Broadfield Boulevard
Suite 200
Houston, TX 77084
(832) 205-8144
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
Raquel Spinoso represented by Angela Walter
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDJeremy Jang
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
PHH Mortgage Corporation represented by Helen Onome Turner
Locke Lord LLP
600 Travis Street
Suite 2800
Houston, TX 77002
713-226-1280
Fax: 713-229-2501
Email: helen.turner@lockelord.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDMatthew K Hansen
Locke Lord LLP
2200 Ross Avenue
Suite 2800
Dallas, TX 75201-6776
214-740-8496
Email: mkhansen@lockelord.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDRobert T Mowrey
Locke Lord LLP
2200 Ross Avenue
Suite 2800
Dallas, TX 75201-6776
214-740-8000
Fax: 214-740-8800
Email: rmowrey@lockelord.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

Date Filed # Docket Text
02/15/2024 1 NOTICE OF REMOVAL from 151st Judicial District Court, Harris County, Texas, case number 2024-07284 (Filing fee $ 405 receipt number ATXSDC-31204750) filed by PHH Mortgage Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Turner, Helen) (Entered: 02/15/2024)
02/15/2024 2 CERTIFICATE OF INTERESTED PARTIES by PHH Mortgage Corporation, filed.(Turner, Helen) (Entered: 02/15/2024)
02/15/2024 3 CORPORATE DISCLOSURE STATEMENT by PHH Mortgage Corporation identifying Ocwen Financial Corporation as Corporate Parent, filed.(Turner, Helen) (Entered: 02/15/2024)
02/15/2024 4 MOTION to Dismiss and Brief in Support by PHH Mortgage Corporation, filed. Motion Docket Date 3/7/2024. (Attachments: # 1 Proposed Order Granting Defendant’s Motion to Dismiss)(Turner, Helen) (Entered: 02/15/2024)
02/16/2024 5 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 6/12/2024 at 09:00 AM by video before Magistrate Judge Andrew M Edison. (Signed by Judge George C Hanks, Jr) Parties notified.(AaronJackson, 4) (Entered: 02/16/2024)
02/22/2024 6 ORDER on Initial Discovery Protocols for Residential Mortgage Cases.(Signed by Judge George C Hanks, Jr) Parties notified.(ByronThomas, 4) (Entered: 02/22/2024)
02/22/2024 7 STANDING PROTECTIVE ORDER. (Signed by Judge George C Hanks, Jr) Parties notified. (ByronThomas, 4) (Entered: 02/22/2024)
02/23/2024 8 ORDER Striking Document re: 4 Motion to Dismiss filed by PHH Mortgage Corporation. The motion does not comply with the Courts Procedures section 6(B), regarding pre-motion conferences required for particular motions. (Signed by Judge George C Hanks, Jr) Parties notified. (ByronThomas, 4) (Entered: 02/23/2024)
03/18/2024 9 REQUEST for pre-motion conference, filed. (Turner, Helen) (Entered: 03/18/2024)
03/22/2024 10 NOTICE of Referral of Motion to Magistrate Judge Andrew M Edison re 9 REQUEST for pre-motion conference, filed. (jg4) (Entered: 03/22/2024)
03/25/2024 11 NOTICE of Setting re: 9 REQUEST for pre-motion conference. Parties notified. Pre-Motion Conference set for 3/29/2024 at 09:00 AM by video before Magistrate Judge Andrew M Edison, filed. (rrc3) (Entered: 03/25/2024)

 


 

PACER Service Center
Transaction Receipt
03/28/2024 12:55:38

Dismissed with Prejudice by Judge Gray Miller

Assigned To: Gray Hampton Miller

Citation: Spinoso v. PHH Mortgage Corporation, 4:19-cv-03941, (S.D. Tex.)

Date Filed: Oct. 10, 2019

Date Terminated: Aug. 12, 2020

NO INJUNCTION OBTAINED DURING THIS YEAR LONG LITIGATION

Date of Last Known Filing: Aug. 12, 2020

Cause: 28:1441 Notice of Removal

Nature of Suit: Real Property: Foreclosure

Jurisdiction Type: Federal question

Commenced; 09/30/2019

Removed to federal court; 10/10/2019

Spinoso copied verbatim Gannon’s 2018 filing…and filed pro se.

TRO Granted and snap-removed before 14 days ended.

Lawyers for PHH Ocwen: Locke Lord

March 5, 2018 – May 6, 2019

ORDER OF NONSUIT SIGNED (5/6/2019)

Plaintiff’s Unopposed Notice of Non-Suit Without Prejudice and Motion to Release Cash Bond (4/26/2019)

(Lawyer; Gannon the Cannon)

For Ocwen; McGuireWoods

TRO never converted into TI

Assigned To: Jeffrey ET Bohm

Citation: Juan Luna and Raquel Spinoso, 16-35423, (Bankr. S.D. Tex.)

Date Filed: Oct. 31, 2016

Date Terminated: Dec. 28, 2016

Date of Last Known Filing: Dec. 30, 2016

Assigned To: Jeffrey ET Bohm

Citation: Juan Luna and Raquel Spinoso, 12-39434, (Bankr. S.D. Tex.)

Date Filed: Dec. 27, 2012

Date Terminated: April 8, 2013

Date of Last Known Filing: April 10, 2013

Assigned To: Jeffrey ET Bohm

Citation: Juan Luna and Raquel Spinoso, 12-35814, (Bankr. S.D. Tex.)

Date Filed: Aug. 6, 2012

Date Terminated: Nov. 21, 2012

Date of Last Known Filing: Nov. 23, 2012

Assigned To: Marvin P. Isgur

Citation: Juan Luna and Raquel Spinoso, 10-39895, (Bankr. S.D. Tex.)

Date Filed: Nov. 1, 2010

Date Terminated: Feb. 9, 2011

Date of Last Known Filing: Feb. 11, 2011

202407284 –

LUNA, JUAN vs. PHH MORTGAGE CORPORATION

(Court 151)

FEB 5, 2024 | REPUBLISHED BY LIT: MAR 28, 2024
MAR 28, 2024

Above is the date LIT Last updated this article.

TO THE HONORABLE COURT:

This Motion to Withdraw as Counsel for Plaintiff is brought by TEXAS REAL ESTATE & BUSINESS LAW FIRM, PLLC, ANGELA WALTER, and JEREMY

JANG (hereafter collectively referred to as the “Movants”), who are the attorneys who have appeared in this case on behalf of the Plaintiffs, JUAN LUNA AND RAQUEL SPINOSO. Movants respectfully request the Court to grant this Motion to Withdraw as Counsel for Plaintiffs JUAN LUNA AND RAQUEL SPINOSO in this case.

In support, Movants respectfully show the Court as follows:

1.            Defendant PHH Mortgage Corporation filed on February 15, 2024 a Notice of Removal of the above-styled case in the Office of the Clerk of the United States District Court for the Southern District of Texas, Houston Division

2.            Good cause exists for TEXAS REAL ESTATE & BUSINESS LAW FIRM, PLLC, ANGELA WALTER, and JEREMY JANG to withdraw as counsel for Plaintiff, because Movants are not licensed to practice before the Federal Court which will affect the proper, legal and competent representation of Plaintiffs, JUAN LUNA AND RAQUEL SPINOSO, in a manner consistent with state and federal rules and regulations.

3.            TEXAS REAL ESTATE & BUSINESS LAW FIRM, PLLC, ANGELA WALTER, and JEREMY JANG represented Plaintiffs in obtaining a temporary restraining order, temporary injunction and permanent injunction in the 151st Judicial District Court of Harris County, Texas for the foreclosure of a real property located at 2739 Sherwin Street, Houston, Texas 77007 against Defendant PHH MORTGAGE CORPORATION.

4.            A copy of this Motion has been delivered to JUAN LUNA AND RAQUEL SPINOSO, who are hereby notified in writing of their right to object to this Motion. JUAN LUNA AND RAQUEL SPINOSO have agreed to this Motion.

5.            The last known address of Plaintiffs JUAN LUNA AND RAQUEL SPINOSO is 2739 Sherwin Street, Houston, Texas 77007.

6.            There is a scheduled initial pre-trial and scheduling conference through video on June 12, 2024 at 9:00AM before Magistrate Judge Andrew M. Edison.

Notice to Client

You are hereby notified of this Motion to Withdrawal of Counsel. You do not have to agree to this Motion. If you wish to contest the withdrawal of TEXAS REAL ESTATE & BUSINESS LAW FIRM, PLLC, ANGELA WALTER, and JEREMY JANG as your attorneys, you should appear at the hearing. If you do not oppose the withdrawal as your attorneys TEXAS REAL ESTATE & BUSINESS LAW FIRM, PLLC, ANGELA WALTER, and JEREMY JANG, you may notify TEXAS REAL ESTATE & BUSINESS LAW FIRM, PLLC, ANGELA WALTER, and JEREMY JANG in writing of your consent to this motion.

WHEREFORE, PREMISES CONSIDERED, TEXAS REAL ESTATE & BUSINESS LAW FIRM, PLLC, ANGELA WALTER, and JEREMY JANG respectfully pray that the Honorable Court enter an order discharging them as attorneys of record for Plaintiffs JUAN LUNA AND RAQUEL SPINOSO and be under no further obligation to represent Plaintiffs JUAN LUNA AND RAQUEL SPINOSO in this case, and Movants pray for such other and further relief to which they may be justly entitled.

Respectfully submitted:

TEXAS REAL ESTATE & BUSINESS LAW FIRM, PLLC
1400 Broadfield Blvd Ste 200
Houston, TX 77084
Office: 832.205.8144
Fax: 832.201.7314
Email: service@treblegal.com

By: /s/ Angela Walter

Angela Walter
State Bar No. 24110505
Email: angela@treblegal.com

By: /s/ Jeremy Jang

Jeremy Jang
State Bar No. 24123262
Email: jeremy@treblegal.com

CERTIFICATE OF SERVICE

I hereby certify that on this March 20, 2024, a true and correct copy of the foregoing pleading was served by email.

Email and/or E-Served:

HELEN O. TURNER
Locke Lord LLP
600 Travis Street, Suite 2800,
Houston, Texas 77002
helen.turner@lockelord.com
Counsel for Defendant

And

JUAN LUNA AND RAQUEL SPINOSO
2739 Sherwin Street, Houston, Texas 77007
Raquel_Spinoso@outlook.com

Automated Certificate of eService

This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Angela Walter on behalf of Angela Walter
Bar No. 24110505

service@treblegal.com
Envelope ID: 85767686

Filing Code Description: Motion (No Fee)

Filing Description: Motion to Withdraw as Counsel for Plaintiff Status as of 3/20/2024 3:22 PM CST

Case Contacts

Angela Walter

angela@treblegal.com
3/20/2024 2:34:19 PM
SENT
Elsa Contreras

service@treblegal.com
3/20/2024 2:34:19 PM
SENT
Jeremy Jang

jeremy@treblegal.com
3/20/2024 2:34:19 PM
SENT
Matthew Hansen

mkhansen@lockelord.com
3/20/2024 2:34:19 PM
SENT
Helen O.Turner

helen.turner@lockelord.com
3/20/2024 2:34:19 PM
SENT
Robert Mowrey

rmowrey@lockelord.com
3/20/2024 2:34:19 PM
SENT

TO THE HONORABLE COURT:

This Motion to Withdraw as Counsel for Plaintiff is brought by TEXAS REAL ESTATE & BUSINESS LAW FIRM, PLLC, ANGELA WALTER, and JEREMY

JANG (hereafter collectively referred to as the “Movants”), who are the attorneys who have appeared in this case on behalf of the Plaintiffs, JUAN LUNA AND RAQUEL SPINOSO. Movants respectfully request the Court to grant this Motion to Withdraw as Counsel for Plaintiffs JUAN LUNA AND RAQUEL SPINOSO in this case.

In support, Movants respectfully show the Court as follows:

1.            Defendant PHH Mortgage Corporation filed on February 15, 2024 a Notice of Removal of the above-styled case in the Office of the Clerk of the United States District Court for the Southern District of Texas, Houston Division

2.            Good cause exists for TEXAS REAL ESTATE & BUSINESS LAW FIRM, PLLC, ANGELA WALTER, and JEREMY JANG to withdraw as counsel for Plaintiff, because Movants are not licensed to practice before the Federal Court which will affect the proper, legal and competent representation of Plaintiffs, JUAN LUNA AND RAQUEL SPINOSO, in a manner consistent with state and federal rules and regulations.

3.            TEXAS REAL ESTATE & BUSINESS LAW FIRM, PLLC, ANGELA WALTER, and JEREMY JANG represented Plaintiffs in obtaining a temporary restraining order, temporary injunction and permanent injunction in the 151st Judicial District Court of Harris County, Texas for the foreclosure of a real property located at 2739 Sherwin Street, Houston, Texas 77007 against Defendant PHH MORTGAGE CORPORATION.

4.            A copy of this Motion has been delivered to JUAN LUNA AND RAQUEL SPINOSO, who are hereby notified in writing of their right to object to this Motion. JUAN LUNA AND RAQUEL SPINOSO have agreed to this Motion.

5.            The last known address of Plaintiffs JUAN LUNA AND RAQUEL SPINOSO is 2739 Sherwin Street, Houston, Texas 77007.

6.            There is a scheduled initial pre-trial and scheduling conference through video on June 12, 2024 at 9:00AM before Magistrate Judge Andrew M. Edison.

Notice to Client

You are hereby notified of this Motion to Withdrawal of Counsel. You do not have to agree to this Motion. If you wish to contest the withdrawal of TEXAS REAL ESTATE & BUSINESS LAW FIRM, PLLC, ANGELA WALTER, and JEREMY JANG as your attorneys, you should appear at the hearing. If you do not oppose the withdrawal as your attorneys TEXAS REAL ESTATE & BUSINESS LAW FIRM, PLLC, ANGELA WALTER, and JEREMY JANG, you may notify TEXAS REAL ESTATE & BUSINESS LAW FIRM, PLLC, ANGELA WALTER, and JEREMY JANG in writing of your consent to this motion.

WHEREFORE, PREMISES CONSIDERED, TEXAS REAL ESTATE & BUSINESS LAW FIRM, PLLC, ANGELA WALTER, and JEREMY JANG respectfully pray that the Honorable Court enter an order discharging them as attorneys of record for Plaintiffs JUAN LUNA AND RAQUEL SPINOSO and be under no further obligation to represent Plaintiffs JUAN LUNA AND RAQUEL SPINOSO in this case, and Movants pray for such other and further relief to which they may be justly entitled.

Respectfully submitted:

TEXAS REAL ESTATE & BUSINESS LAW FIRM, PLLC
1400 Broadfield Blvd Ste 200
Houston, TX 77084
Office: 832.205.8144
Fax: 832.201.7314
Email: service@treblegal.com

By: /s/ Angela Walter

Angela Walter
State Bar No. 24110505
Email: angela@treblegal.com

 

By: /s/ Jeremy Jang

Jeremy Jang
State Bar No. 24123262
Email: jeremy@treblegal.com

CERTIFICATE OF SERVICE

I hereby certify that on this March 20, 2024, a true and correct copy of the foregoing pleading was served by email.

Email and/or E-Served:

HELEN O. TURNER
Locke Lord LLP
600 Travis Street, Suite 2800,
Houston, Texas 77002
helen.turner@lockelord.com
Counsel for Defendant

And

JUAN LUNA AND RAQUEL SPINOSO
2739 Sherwin Street, Houston, Texas 77007
Raquel_Spinoso@outlook.com

Automated Certificate of eService

This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Angela Walter on behalf of Angela Walter
Bar No. 24110505

service@treblegal.com
Envelope ID: 85767686

Filing Code Description: Motion (No Fee)

Filing Description: Motion to Withdraw as Counsel for Plaintiff Status as of 3/20/2024 3:22 PM CST

Case Contacts

 

Name
BarNumber
Email
TimestampSubmitted
Status
Angela Walter

angela@treblegal.com
3/20/2024 2:34:19 PM
SENT
Elsa Contreras

service@treblegal.com
3/20/2024 2:34:19 PM
SENT
Jeremy Jang

jeremy@treblegal.com
3/20/2024 2:34:19 PM
SENT
Matthew Hansen

mkhansen@lockelord.com
3/20/2024 2:34:19 PM
SENT
Helen O.Turner

helen.turner@lockelord.com
3/20/2024 2:34:19 PM
SENT
Robert Mowrey

rmowrey@lockelord.com
3/20/2024 2:34:19 PM
SENT

Juan Luna’s Lawyer Went Before Ancillary Judge Robert Schaffer Who Set Bond at $1700 to Stop PHH

202404422 –

SOMMERALL HOMEOWNERS ASSOCIATION vs. LUNA, JUAN 

(Court 270)

JAN 24, 2024 | REPUBLISHED BY LIT: FEB 7, 2024

DISCLAIMER

Same name, Juan Luna but if it’s the same individual is not determined at this time….

A Dummies Guide to Operating a Long-Term Real Estate Foreclosure or Tax Fraud Enterprise in Texas

If you’re a budding Bandit living in Texas and looking for a real estate Get-Rich-Quick Scam, you should subscribe to LIT’s free newsletter.

Operation Elder Abuse: PHH Mortgage Corporation and Deutsche Bank Judge Shopping Continues

Forum Shopping aka Judge Shopping is a disease in Texas courts says Congress, demanding this form of case assignment be outlawed.

Expedited Foreclosure Lawsuit filed by DBNTCO and McCarthy Holthus v. Villarreal

Considering McCarthy Holthus is counsel for DBNTCO, it sheds new light on why SCOTUS was deliberately lyin’ to citizens in re Obduskey.

Neither Side of the Table Are Behavin’ Properly in this Lengthy Foreclosure Battle
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

To Top