Debt Collector

New Sweeney Foreclosure Defense Lawyers Arrive to Stop a Pooh Removal

Let’s take this back to State court: MOTION to Remand by Jill Sweeney, Patrick Sweeney, filed. Motion Docket Date 3/18/2022.

Sweeney v. NewRez, LLC

(4:22-cv-00255)

District Court, S.D. Texas

JAN 25, 2022 | REPUBLISHED BY LIT: MAR 11, 2022

It’s been remanded to state court as there’s a Rule 11 letter from the Sweeney’s lawyer on May 23, 2022 asking for time until Jun 9 to file a response. He’s missed that deadline. We will keep tracking the case(s).

Motion and responses to Motion to Remand fully briefed, waiting for Judge Hanen to rule.

Last entry on May 2, 2022; Set/Reset Deadlines/Hearings

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00255

Create an Alert for This Case on RECAP

Sweeney et al v. NewRez, LLC
Assigned to: Judge Andrew S Hanen
Demand: $300,775,000

Case in other court:  113th Harris County District Court, 202184227

Cause: 28:1332 Diversity-Injunctive & Declaratory Relief

Date Filed: 01/25/2022
Jury Demand: None
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity

 

Date Filed # Docket Text
03/15/2022 8 RESPONSE in Opposition to 7 MOTION to Remand, filed by NewRez, LLC. (Attachments: # 1 Exhibit 1 – Harris County Appraisal District Valuation of Property, # 2 Proposed Order [Proposed] Order Denying Plaintiffs’ Motion to Remand)(Cho, Justin) (Entered: 03/15/2022)
03/31/2022 9 PROPOSED ORDER re: 7 MOTION to Remand, filed.(Medearis, David Miller) (Entered: 03/31/2022)

NOTICE OF REMOVAL TO FEDERAL COURT

TO THE HONORABLE JUDGE OF THE 113TH JUDICIAL DISTRICT COURT:

Please take notice that in accordance with federal law, Defendant, NewRez, LLC, f/k/a New Penn Financial LLC, d/b/a Shellpoint Mortgage Servicing (“Defendant”), has filed with the clerk of the United States District Court for the Southern District of Texas, Houston Division, a Notice of Removal as of today, January 24, 2022 (“Notice”). A true and correct copy of the Notice is attached as Exhibit 1 and filed with this document.  Accordingly, this action is removed

to the United States District Court for the Southern District of Texas, Houston Division. This Court is respectfully requested to proceed no further in this cause, unless and until such time as the action may be remanded by order of the United States District Court.

Respectfully submitted,

/s/ Justin K. Cho

Allen Smith
Texas Bar I.D. 18616900
asmith@settlepou.com

Jeremy J. Overbey
Texas Bar I.D. 24046570
joverbey@settlepou.com

Justin K. Cho
Texas Bar I.D. 24101618
jcho@settlepou.com

SETTLEPOU

3333 Lee Parkway,
Eighth Floor Dallas,
Texas 75219
(214) 520-3300
(214) 526-4145 (Facsimile)

ATTORNEYS FOR DEFENDANT NEWREZ, LLC

Certificate of Service

I certify that this document was served in accordance with the Texas Rules of Civil Procedure on January 25, 2022, by the manner indicated upon the following persons:

Via E-Service:

David M. Medearis
Douglas ‘Doug’ Downing
Sullins, Johnston, Rohrbach & Magers 3200 Southwest Freeway, Suite 2200
Houston, Texas 77027
dmedearis@sjrm.com

ATTORNEYS FOR PLAINTIFFS

/s/ Justin K. Cho

Justin K. Cho

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.

Tracy Goode on behalf of Justin Cho
Bar No. 24101618
tgoode@settlepou.com
Envelope ID: 61138189

Status as of 1/25/2022 4:04 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status
Justin K.Cho jcho@settlepou.com 1/25/2022 3:39:34 PM SENT
J. Allen Smith asmith@settlepou.com 1/25/2022 3:39:34 PM SENT
Jeremy J. Overbey joverbey@settlepou.com 1/25/2022 3:39:34 PM SENT
Alexa Rivera ARivera@sjrm.com 1/25/2022 3:39:34 PM SENT
Doug Downing ddowning@sjrm.com 1/25/2022 3:39:34 PM SENT
David Medearis dmedearis@sjrm.com 1/25/2022 3:39:34 PM SENT

The Foreclosure Scam Squad Series: Prentiss Preyed On By Justina DePasquale

The foreclosure scam squad, comprising of Brewer, Justina DePasquale, Vilt and Prisock, et al, cornering their prey, Jean Prentiss.

The Tension is Rising for Homeowner Tennyson in This Removed Houston Foreclosure Case

Texas legislators are watching state cases being removed by foreclosure mills in Texas due to the ridiculous value of $75k to transfer out.

Removal is Mandatory by Foreclosure Mills and Judge Bennett is Accepting All Applications

Agustin should obtain stay to seek assistance from Texas Homeowner Assistance Fund for those who incurred financial hardship during COVID-19.

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00255

Create an Alert for This Case on RECAP

Sweeney et al v. NewRez, LLC
Assigned to: Judge Andrew S Hanen
Demand: $300,775,000

Case in other court:  113th Harris County District Court, 202184227

Cause: 28:1332 Diversity-Injunctive & Declaratory Relief

Date Filed: 01/25/2022
Jury Demand: None
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity
Plaintiff
Patrick Sweeney represented by David Miller Medearis
Medearis Law Firm, PLLC
1560 W Bay Area Blvd., Suite 304
Friendswood, TX 77546
281-224-7481
Fax: 713-521-3242
Email: David@medearislaw.com (Inactive)
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDRobert Douglas Downing
Sullins Johnston et al
3200 Southwest Freeway
Ste 2200
Houston, TX 77027
713-521-0221
Fax: 713-521-3242
Email: ddowning@sjrm.com
TERMINATED: 02/21/2022
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
Jill Sweeney represented by David Miller Medearis
Medearis Law Firm, PLLC
1560 W Bay Area Blvd., Suite 304
Friendswood, TX 77546
281-24-7481
Fax: 713-521-3242
Email: david@medearislaw.com (Inactive)
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDRobert Douglas Downing
(See above for address)
TERMINATED: 02/21/2022
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
NewRez, LLC
New Rez, LLC d/b/a Shellpoint Mortgage Servicing
represented by J Allen Smith
Settle Pou
3333 Lee Parkway
8th Flr
Dallas, TX 75219
214-520-3300
Fax: 214-526-4145
Email: asmith@settlepou.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDJeremy Jason Overbey
3333 Lee Parkway
8th Fl
Dallas, TX 75219
214-520-3300
Email: joverbey@settlepou.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDJustin Kyueun Cho
SettlePou
3333 Lee Parkway
Fl 8
Dallas, TX 75219
214-520-3300
Email: jcho@settlepou.com
ATTORNEY TO BE NOTICED

 

Date Filed # Docket Text
01/25/2022 1 NOTICE OF REMOVAL from 113th Judicial District of Harris County, Texas, case number 2021-84227 (Filing fee $ 402 receipt number 0541-27653868) filed by NewRez, LLC. (Attachments: # 1 Exhibit A – Index of Exhibits, # 2 Exhibit B – Copy of State Court Docket Sheet, # 3 Exhibit C1 – Civil Process Request, # 4 Exhibit C2 – Proposed Temporary Restraining Order, # 5 Exhibit C3 – Petition, # 6 Exhibit C4 – Temporary Restraining Order, # 7 Exhibit C5 – Citation, # 8 Exhibit C6 – Cash Deposit of Bond, # 9 Exhibit C7 – Clerk’s Certificate of Cash Deposit, # 10 Exhibit C8 – Request for Issuance of Service of TRO, # 11 Exhibit C9 – Cover Letter for Bond Approval Fee, # 12 Exhibit C10 – Certified Mail Receipt, # 13 Exhibit C11 – Defendant’s Original Answer, # 14 Exhibit D – Federal Civil Cover Sheet, # 15 Exhibit E – List of Counsel of Record, # 16 Exhibit F – Harris County Appraisal District Valuation)(Cho, Justin) (Entered: 01/25/2022)
01/26/2022 2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 8/10/2022 at 10:00 AM in Courtroom 704 before Magistrate Judge Frances H Stacy. (Signed by Judge Andrew S Hanen) Parties notified.(ShannonHoldenadi, 4) (Entered: 01/26/2022)
01/31/2022 3 CERTIFICATE OF INTERESTED PARTIES by NewRez, LLC, filed.(Cho, Justin) (Entered: 01/31/2022)
02/09/2022 4 CERTIFICATE OF INTERESTED PARTIES by Jill Sweeney, Patrick Sweeney, filed.(Medearis, David Miller) (Entered: 02/09/2022)
02/15/2022 5 Unopposed MOTION to Substitute Law Firm for Plaintiff’s Counsel by Jill Sweeney, Patrick Sweeney, filed. Motion Docket Date 3/8/2022. (Attachments: # 1 Proposed Order Motion to Substitute Law Frim Plaintiff’s Counsel)(Medearis, David Miller) (Entered: 02/15/2022)
02/21/2022 6 ORDER granting 5 Motion to Substitute Law Firm for Plaintiffs’ Counsel..(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) (Entered: 02/23/2022)
02/25/2022 7 MOTION to Remand by Jill Sweeney, Patrick Sweeney, filed. Motion Docket Date 3/18/2022. (Attachments: # 1 Exhibit Exhibit A – Original Petition)(Medearis, David Miller) (Entered: 02/25/2022)
New Sweeney Foreclosure Defense Lawyers Arrive to Stop a Pooh Removal
Click to comment

Leave a Reply

Your email address will not be published.

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.

Donate to LawsInTexas. Make a Difference.

Subscribe to Our Newsletter

We keep your data private and share your data only with third parties that make this service possible. See our Privacy Policy for more information.

© 2020-21 LawInTexas com is an online trading name which is wholly owned by Blogger Inc., a nonprofit 501(c)(3) registered in Delaware. | All Rights Reserved.

To Top