LIT COMMENTARY & UPDATE
NOV 1 20, 2024
In 2022, Judge Charles Eskridge remanded a prior Mosely case to Harris County District Court on the basis the debt owed was below $75k and not relying on the value of the property.
This time, removal is based on federal question, as Mosely argued, for example, violations of RESPA in his complaint.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 26 MOTION to Strike, 22 MOTION to Remand, 28 Memorandum and Recommendations.
The Memorandum and Recommendation is ADOPTED as the Memorandum and Order of this Court.
Dkt 28.
The motion by PRO SE Plaintiff Charles Mosely to remand is GRANTED.
Dkt 22.
This action is REMANDED to the 215th Judicial District of Harris County, Texas.
The Clerk of Court is ORDERED to provide a copy of this order to the 215th Judicial District of Harris County, Texas.
(Signed by Judge Charles Eskridge)
Parties notified.(jengonzalez, 4) (Entered: 05/31/2022)
Mosely v. U.S. Bank Trust National Association
(4:24-cv-02236)
District Court, S.D. Texas, Judge Kenneth Hoyt
JUN 12, 2024 | REPUBLISHED BY LIT: AUG 19, 2024
AUG 19, NOV 20, 2024
Above is the date LIT Last updated OR visited this article.
No initial conference has been set and this case was removed over 2 months ago. LIT assumes another non-judicial foreclosure has been set for September.
Akerman ditched after LIT highlights the complete lack of zealous advocacy in their earlier suit, which idled for years without interference.
Final summary judgment was forcefully entered July 15, 2024 in case #202103881 before Judge Elaine Palmer, notably the recently appointed Administrative Judge for the District Courts…
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:24-cv-02236
| Mosely v. U.S. Bank Trust National Association, not in its Individual Capacity but Solely as Owner Trustee for RCF 2 Acquisition Trust et al Assigned to: Judge Kenneth M Hoyt
Cause: 28:1331 Fed. Question |
Date Filed: 06/12/2024 Jury Demand: None Nature of Suit: 190 Contract: Other Jurisdiction: Federal Question |
| Plaintiff | ||
| Charles Mosely | represented by | Charles Mosely P.O. Box 450662 Houston, TX 77245 PRO SE |
| V. | ||
| Defendant | ||
| U.S. Bank Trust National Association, not in its Individual Capacity but Solely as Owner Trustee for RCF 2 Acquisition Trust | represented by | Caroline Elizabeth Allen Sanders Collins PLLC 6301 Gaston Ave. Suite 1121 Dallas, TX 75214 214-894-9982 Fax: 214-242-3004 Email: callen@sanderscollins.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDJason Levi Sanders Sanders Collins PLLC 6301 Gaston Ave. Suite 1121 Dallas, TX 75214 214-894-9981 Fax: 214-242-3004 Email: jsanders@sanderscollins.com ATTORNEY TO BE NOTICED |
| Defendant | ||
| Selene Finance LP | represented by | Caroline Elizabeth Allen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDJason Levi Sanders (See above for address) ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/12/2024 | 1 | NOTICE OF REMOVAL from 165th District Court of Harris County, Texas, case number 2024-33604 (Filing fee $ 405 receipt number ATXSDC-31758415) filed by Selene Finance LP, U.S. Bank Trust National Association, not in its Individual Capacity but Solely as Owner Trustee for RCF 2 Acquisition Trust. (Attachments: # 1 Exhibit A – Civil Cover Sheet, # 2 Exhibit B – Docket Sheet, # 3 Exhibit C – Index of Matters Filed, # 4 Exhibit C-1 – Plaintiff’s Original Petition, # 5 Exhibit C-2 – Plaintiff’s Supplemental Petition, # 6 Exhibit C-3 – Order, # 7 Exhibit C-4 – Defendants’ Original Answer and Affirmative Defenses, # 8 Exhibit D – List of Counsel of Record) (Sanders, Jason) (Entered: 06/12/2024) |
| 06/12/2024 | 2 | CORPORATE DISCLOSURE STATEMENT by Selene Finance LP, U.S. Bank Trust National Association, not in its Individual Capacity but Solely as Owner Trustee for RCF 2 Acquisition Trust identifying U.S. Bancorp as Corporate Parent, filed. (Sanders, Jason) (Entered: 06/12/2024) |
| 06/14/2024 | 3 | NOTICE to Pro Se Litigant of Case Opening. Party notified, filed. (srh4) (Entered: 06/14/2024) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 08/19/2024 23:08:38 |
202433604 –
MOSELY, CHARLES vs. RCF ACQUISITION TRUST U S BANK TRUST NATIONAL ASSOC.
MAY 28, 2024 | REPUBLISHED BY LIT: AUG 19, 2024
After LIT highlighted Mosely’s percolating case and history, Operation Cleanup kicked in, resulting in a non-judicial foreclosure being scheduled for Jun 4, 2024. Mosely filed this new lawsuit and obtained a $200 TRO despite the active case.
No movement means Operation Cleanup well under way… https://t.co/s0Q97tarhL
FYI, last new case filing for Judge Vilt was 7/24/2024 per Texas courts recon by LIT and he pulled his amended complaint in his Crypto case as the courts don’t want him visible. We wonder why 🤠— lawsinusa (@lawsinusa) August 19, 2024
Southern District Court in Houston: Addressing the Missing USPS Express Mail with Specificity
All non-attorney pro se litigants must deliver or mail filings to the Clerk’s Office, as per SD TX Guidelines for Litigants Without Lawyers.
Joe Izen: Deutsche Bank Lawyer Michael Hord’s Time-Barred Attempts At Foreclosure Must Fail
Deutsche Bank has neither an automatic stay or injunction which prevented Deutsche Bank from timely filing its claims and causes of action.
Judge Rosenthal: Pro Se Sanctioned Texas Attorney’s Decade-Long Clouded Title Foreclosure Remanded
When a court of competent jurisdiction assumes jurisdiction over an action in rem, no other court may exercise concurrent jurisdiction.
