Bankers

No Attorney Fees Requested in N.D. Tex Foreclosure Case Trieger v Ocwen Loan Servicing

The court will consider postjudgment U.S. Bank’s request for attorney’s fees pursuant to Federal Rule of Civil Procedure 54(d)(2).

Trieger v. Ocwen Loan Servicing LLC

(3:19-cv-00100), District Court, N.D. Texas

JAN 11, 2019 | REPUBLISHED BY LIT: JUL 22, 2021

JUDGMENT

The court issues this judgment pursuant to its memorandum opinions and orders of August 15, 2019 (Doc. 31); August 30, 2019 (Doc. 32); and October 22, 2019.

It is, therefore, ordered, adjudged, and decreed, that:

(1) all claims asserted by Plaintiffs David H. Trieger and Janet M. Trieger (“Plaintiffs”) in their Original Verified Petition (Doc. 1-1 & 7-3) are dismissed in accordance with the court’s previous orders;

(2) Plaintiffs’ request for attorney’s fees pursuant to RESPA, the Texas Debt Collection Act, and common law is denied;

(3) any additional relief requested by Plaintiffs is denied;

and

(4) pursuant to the Note, Security Instrument, and Texas Property Code, Defendant U.S. Bank National Association, as Trustee of NRZ Pass-Through Trust IX (“U.S. Bank”) is entitled to judgment on its claim seeking an order permitting judicial foreclosure of the Property at issue, and the court declares that U.S. Bank has the right to proceed with judicial foreclosure.

It is also ordered, adjudged, decreed, and declared that U.S. Bank may proceed with the judicial foreclosure of the Property located at 9648 Fallbrook Drive, Dallas, Texas, 75243, which is legally described as follows:

BEING LOT 8, BLOCK 8/8150 OF TOWN CREEK ADDITION, FIRST SECTION, AN ADDITION TO THE CITY OF DALLAS, DALLAS COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 72120, PAGE 808, MAP RECORDS, DALLAS COUNTY, TEXAS.

It is further ordered, adjudged, and decreed that the foreclosure shall proceed in accordance with the Note, Security Instrument, and Texas Property Code;

that U.S. Bank shall provide to Plaintiffs and their attorneys by certified mail notice of the foreclosure sale; that any notices to Plaintiffs regarding the foreclosure of the Property shall be mailed to them at 9648 Fallbrook Drive, Dallas, Texas, 75243;

that U.S. Bank may communicate with Plaintiffs and all third parties reasonably necessary to conduct the foreclosure sale; that all allowable and reasonable costs of court are taxed against Plaintiffs;

and that all other relief not expressly granted herein,

except for U.S. Bank’s request for attorney’s fees, which the court will consider postjudgment pursuant to Federal Rule of Civil Procedure 54(d)(2),

is denied.

Signed this 22nd day of October, 2019.

Sam A. Lindsay
US District Judge

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U.S. District Court
Northern District of Texas (Dallas)
CIVIL DOCKET FOR CASE #: 3:19-cv-00100-L

Trieger et al v. Ocwen Loan Servicing LLC et al
Assigned to: Judge Sam A Lindsay

Case in other court:  134th Judicial District Court, Dallas County, TX, DC-18-19288

Cause: 28:1332 Diversity-Petition for Removal

Date Filed: 01/11/2019
Date Terminated: 10/22/2019
Jury Demand: Plaintiff
Nature of Suit: 290 Real Property: All Other Real Property
Jurisdiction: Diversity
Plaintiff
David H Trieger represented by John Gannon Helstowski
J Gannon Helstowski Law Firm
5209 Heitage Avenue, Suite 510
Colleyville, TX 76034
817-382-3125
Fax: 817-382-1799
Email: jgh@jghfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good Standing
Plaintiff
Janet M Trieger represented by John Gannon Helstowski
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good Standing
V.
Defendant
Ocwen Loan Services LLC represented by Elizabeth K Duffy
Locke Lord LLP
2200 Ross Ave
Suite 2800
Dallas, TX 75201-6776
214-740-8673
Fax: 214-756-8673
Email: eduffy@lockelord.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good StandingArthur E Anthony
Locke Lord LLP
2200 Ross Avenue, Suite 2800
Dallas, TX 75201-6776
214-740-8000
Fax: 214-740-8800
Email: aanthony@lockelord.com
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good StandingJennifer Kinney Parnell
JPMorgan Chase Bank, N.A.
8181 Communications Parkway
Bldg. B, Floor 5
Plano, TX 75024
972-324-4577
Email: jkinparnell@gmail.com
TERMINATED: 10/15/2019
Bar Status: Admitted/In Good StandingRobert 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
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good Standing
Defendant
US Bank National Association
as Trustee of NRZ Pass-Through Trust IX
represented by Philip William Danaher
14160 North Dallas Parkway, Suite 900
Suite 900
Dallas, TX 75254
469-375-3716
Fax: 469-635-2686
Email: pdanaher@mwzmlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good StandingGordon Welborne Green
Higier Allen & Lautin PC
2711 N Haskell Avenue, Suite 2400
Dallas, TX 75204
972-716-1888
Fax: 469-375-3231
Email: ggreen@higierallen.com
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good StandingMark D Cronenwett
Mackie Wolf Zientz & Mann PC
14160 N Dallas Parkway, Suite 900
Dallas, TX 75254
214-635-2650
Fax: 214-635-2686
Email: mcronenwett@mwzmlaw.com
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good Standing
Counter Claimant
US Bank National Association
as Trustee of NRZ Pass-Through Trust IX
represented by Philip William Danaher
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good StandingGordon Welborne Green
(See above for address)
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good StandingMark D Cronenwett
(See above for address)
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good Standing
V.
Counter Defendant
David H Trieger represented by John Gannon Helstowski
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good Standing
Counter Defendant
Janet M Trieger represented by John Gannon Helstowski
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good Standing

There are proceedings for case 3:19-cv-00100-L but none satisfy the selection criteria. (Doc 38 last on Pacer, No Post Judgment Dockets)

No Attorney Fees Requested in N.D. Tex Foreclosure Case Trieger v Ocwen Loan Servicing
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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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