LIT COMMENTARY & UPDATE
JUN 2, 2024
APR 20, 2022 – OVER 2 YEARS AGO…
ORDER granting 31 Motion to Dismiss for Failure to State a Claim.
This is a Final Judgment.
(Signed by Judge David Hittner)
Parties notified.(ealexander, 4) (Entered: 04/20/2022)
Crystal Gibson, lawyer for BDF Hopkins represented Midland
UPDATED: Actual Fraud, Continuing.https://t.co/YhlTxspP51 pic.twitter.com/IZPybsOw3G
— lawsinusa (@lawsinusa) June 2, 2024
Landheart v. Midland Mortgage
(4:21-cv-01559)
District Court, S.D. Texas
MAY 12, 2021 | REPUBLISHED BY LIT: APR 28, 2022
Extract from above Order…
LIT is astounded that a supposed foreclosure defense lawyer would legally misclassify the complaint claims, which, as here, is fatal.
Here, in her complaint, Landheart contends CitiMortgage failed to
“provide the periodic mortgage statements with an accounting of all fees that she owed, starting in 2015 and continuing after the discharge of the [Bankruptcies],” and “the [D]eed of [T]rust requires disclosure of all aspects of the mortgage account” which she alleges CitiMortgage did not do..4
However, Landheart does not cite to or otherwise state where this duty is described under the Deed of Trust or any of the other mortgage documents.
Under the Deed of Trust, the only contractually required notice CitiMortgage must give to Landheart is in the event CitiMortgage invokes its right to foreclose on the Property.5
Further, Landheart was given notice of the increases to the principal of the Loan in the Loan Modification Agreements.
Each of the Loan Modification Agreements detailed:
(1) the current amount of the UPB;
(2) the amount being added to the principal Landheart owed under the Note;
(3) the new balance of the Loan;
and
(4) the new interest rate.6
Landheart does not dispute or otherwise allege the Loan Modification Agreements were executed without her knowledge or consent.
Thus, Landheart’s claim CitiMortgage added amounts to the principal of the Loan without her notice or consent in unavailing.
4 Second Amended Petition, Document No. 29, ¶¶ 19, 21.
5 See Defendant CitiMortgage Inc.’s Motion to Dismiss Plaintiff’s Second Amended Petition for Failure to State a Claim Upon Which Relief May Be Granted, Document No. 31, Exhibit A-4 (The Loan Modification Agreements).
6 See Defendant CitiMortgage Inc.’s Motion to Dismiss Plaintiff’s Second Amended Petition for Failure to State a Claim Upon Which Relief May Be Granted, Document No. 31, Exhibit A-4 (The Loan Modification Agreements).
Texas Lawyer Colleen McClure Doesn’t Care for Public Scrutiny and Judge Dawn Rogers Obliges
Compare with the Federal Court docket pertaining to the same case. There is no restricted docket. This restricted petition violates TX laws.
LIT’s Foreclosure Tracker is Now Following ‘Mario and Claudia’ Before Judge Brown in S.D. Tex., Galveston
Rios v Specialized Loan Servicing LLC before Judge Jeff Brown, S.D. Tex. McClure for Rios and Galloway Law Foreclosure Mill for SLS.
Thrice. Texas Ethics and Federal Appeals in 2020
A Theoretical dismissal is Not Justice. Unlike the Burkes, not a shred of evidence was presented by Hopkins to support his claims.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:21-cv-01559
| Landheart v. Midland Mortgage Assigned to: Judge David Hittner
Cause: 28:1441 Notice of Removal |
Date Filed: 05/12/2021 Date Terminated: 04/20/2022 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Plaintiff | ||
| Jennifer Y. Landheart | represented by | Colleen Michele McClure 18482 Kuykendahl Box 106 Spring, TX 77379 281-440-1625 Fax: 281-946-5627 Email: colleen.mcclure@att.net LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Midland Mortgage a Division of MidFirst Bank TERMINATED: 01/31/2022 |
represented by | Crystal G Gibson Barrett Daffin et al 4004 Belt Line Road Ste 100 Addison, TX 75001 972-340-7901 Email: crystalr@bdfgroup.com ATTORNEY TO BE NOTICED |
| Defendant | ||
| Mary Beth Gillis CEO of Midland Mortgage TERMINATED: 01/31/2022 |
||
| Defendant | ||
| CitiMortgage Incorporated | represented by | Evan Alexander Moeller Adams and Reese LLP Lyondell Basell Tower 1221 McKinney St. Suite 4400 Houston, TX 77010 713-652-5151 Fax: 713-652-5152 Email: evan.moeller@arlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDJoshua Abraham Lesser Adams and Reese LLP 1221 McKinney Street Suite 4400 Houston, TX 77010 713-308-0148 Fax: 713-308-4048 Email: joshua.lesser@arlaw.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 02/04/2022 | 23 | NOTICE of Appearance by Joshua A. Lesser on behalf of CitiMortgage Incorporated, filed. (olindor, 4) (Entered: 02/07/2022) |
| 02/04/2022 | 24 | MOTION for Leave to File Reply by CitiMortgage Incorporated, filed. Motion Docket Date 2/25/2022. (Attachments: # 1 Reply in Support, # 2 Declaration)(BrandisIsom, 4) (Entered: 02/07/2022) |
| 02/08/2022 | 25 | ORDER granting 24 Motion for Leave to File Reply.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 02/08/2022) |
| 02/08/2022 | 26 | REPLY in Support of 16 MOTION to Dismiss 9 Amended Complaint/Counterclaim/Crossclaim etc., filed by CitiMortgage Incorporated. (ealexander, 4) (Entered: 02/08/2022) |
| 02/18/2022 | 27 | CERTIFICATE OF INTERESTED PARTIES by CitiMortgage Incorporated, filed.(Moeller, Evan) (Entered: 02/18/2022) |
| 02/24/2022 | 28 | ORDER granting 21 Motion for Leave to File Amend Petition.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 02/24/2022) |
| 02/24/2022 | 29 | SECOND AMENDED PETITION against CitiMortgage Incorporated filed by Jennifer Y. Landheart.(ealexander, 4) (Entered: 02/24/2022) |
| 03/01/2022 | 30 | ORDER denying as moot 16 Motion to Dismiss Plaintiff’s First Amended Petition for Failure to State a Claim Upon Which Relief May Be Granted.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Main Document 30 replaced on 3/1/2022) (ealexander, 4). (Main Document 30 replaced on 3/1/2022) (ealexander, 4). (Entered: 03/01/2022) |
| 03/10/2022 | 31 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Second Amended Petition (Docket No. 29) by CitiMortgage Incorporated, filed. Motion Docket Date 3/31/2022. (Attachments: # 1 [Exh. A] Declaration, # 2 [Exh. A-1] Note, # 3 [Exh. A-2] Deed of Trust, # 4 [Exh. A-3] Assignment 1, # 5 [Exh. A-4] Assignment 2, # 6 [Exh. A-5] Loan Modification Agreements, # 7 [Exh. A-6] Subordinate Notes and Subordinate Deeds of Trust, # 8 [Exh. B] Subordinate Deed of Trust (Recorded), # 9 Summary of Motion to Dismiss Second Amended Petition)(Moeller, Evan) (Entered: 03/10/2022) |
| 04/20/2022 | 32 | ORDER granting 31 Motion to Dismiss for Failure to State a Claim. This is a Final Judgment.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 04/20/2022) |
