Bankers

Government Bad Actor: Outgoing Judge Conspires With Deutsche Bank Lawyer to Delay Justice

Outgoing Judge Morris grants Deutsche Bank summary judgment on last day in corrupt order to delay time-barred foreclosure case.

LIT UPDATE & COMMENTARY

JAN 31, 2025

Exhibit F

Defendants And Counter Plaintiff Joe Alfred Izen Jrs Motion For New Trial Pursuant To TRCP Rule 329b, Unsworn Dec., and Proposed Order. (Jan 29, 2025)

LIT UPDATE & COMMENTARY

JAN 13, 2025

LIT’s been following the Izen cases regarding the time-barred attempts to foreclose on the property. You can read our most recent article:

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.”

Joe’s a sanctioned Texas lawyer, so he’s used to adversity and we’re confident based upon his past acts that he’ll come back with a motion to reconsider before the newly appointed judge Tracy Good.

That stated, LIT provides our own nonprisoner, non-lawyer common sense analysis in response to the summary judgment pleadings filed by Hord – independent of any of Joe’s answers and rebuttals.

One should also remember Hord lost his attempt to remove sanctioned Texas lawyer Joe Izen’s case to federal court, with federal Judge Lee Rosenthal remanding the case for lack of jurisdiction.

Hord’s latest temporary victory should also be reversed by Judge Tracy Good – or on appeal – for the reasons explained herein.

Before that, it should be recognized that Joanna Burke has a similar argument which is currently and incorrectly sitting in federal court and which should also be remanded for lack of jurisdiction.

Relatedly, there’s another case which also mirrors the facts here which we’re monitoring:

Stop 736 Foreclosure Litigation: Linda Allan v Mr Cooper aka Nationstar Mortgage LLC in Court 11. Shelley Hopkins Appears for BDF Hopkins and Mr Cooper and makes absurd claims to attempt to steal the homestead at 7512 DEL MONTE DR Houston.”

In that case, Shelley Hopkins has filed a motion for summary judgment after 5 months of inaction.

The timeline of both of these cases and recent movements is notable.

Izen:  On Nov. 23, 2024 LIT advised the court had reset the trial from Nov. 25, 2024 until Jan 27, 2025, when new judge Tracy Good would be on the bench.

However, on her final act before leaving office, Outlaw Judge Morris entered an order on Dec. 30, 2024 granting Deutsche Bank’s summary judgment, and allowing foreclosure on a motion submitted by foreclosure mill lawyer Michael Hord.

Allen: This case commenced Apr. 29, 2024 with Hopkins appearing on May 24, 2024.

However, it wasn’t until Dec. 20, 2024 that she’d file a motion for summary judgment, with a special mention regarding ‘a similar case’ by Joanna Burke.

Hopkins and Hord Conspire: Also notable is when Hopkins unlawfully removed Joanna Burke’s state court case to federal court in violation of the laws to the US district court.

Not a single lawyer in the history of removals had ever removed a case to the district court when a bankruptcy stay and proceeding was in effect in Texas Southern District.

Hopkins could cite to no other case, nor the federal court or assigned Federal Judge Ewing Werlien Jr.

Instead, Michael Hord would see an opportunity in another state case and where the party was not represented by counsel to remove the case to federal district court, the Dearmond v SPS case and bankruptcy.

Hord’s removal was on May 14, 2024 – only two months after Hopkins removal of Burke on March 12, 2024.

LIT has analyzed Hord’s contrived arguments for Deutsche Bank and in particular, he’s excluded later precedential orders which overrule his past case and case law.

The key takeaways;

(i) The tolling period of 9 months is inapplicable here as the bank dismissed their counterclaim without prejudice in federal court. See; See Powell v. CIT Bank, N.A., No. 14-15-00949-CV, 2017 WL 4228893 (Tex. App.—Houston [14th Dist.] June 8, 2017, no pet.).

(ii) Hord’s reliance upon Hughes v. Mahaney & Higgins, 821 S.W.2d 154, 157 (Tex. 1991) was rejected in his own case where it was deemed the foreclosure was time-barred and the mortgage a nullity in law. See; U.S. ROF III Legal Title Tr. 2015-I v. Morlock, L.L.C.,, No. 14-18-00332-CV (Tex. App. Jan. 14, 2020)

(iii) Relying upon the facts of the case and applying (i) and (ii) above – Deutsche Bank is time-barred and the Order is erroneous – issued merely to extend the litigation indefinitely, knowing it takes years to wind its way up and down from appeals courts and where necessary, to the supreme court.

LIT will continue to highlight the government and judicial corruption in Texas state and federal courts until citizens – along with the few honest judges and government officials – take a stand for the people and their homes, which are being taken illegally by corrupt courts and judges by unlawfully manipulating century old property laws.

LIT will not stand for it, nor should citizens.

Case (Cause) Number Style File Date Court Case Region Type Of Action / Offense
202489215- 7
Active – Civil
CUTLER, DENNIS vs. SELECT PORTFOLIO SERVICES INC 12/27/2024 133 Civil Other Property
202482677- 7
Ready Docket
CLINTON, DEWONNA BENOIT vs.
U S BANK TRUST NATIONAL ASSOCIATION NOT IN ITS IND
11/25/2024 080 Civil Foreclosure – Other
202481935- 7
Ready Docket
CITIZENS BANK N A vs. HOUSING GROUP RECOVERY FUND LP 11/20/2024 234 Civil Other Property
202467570- 7
Disposed (Final)
FREEDMAN, MARVIN vs.
WELLS FARGO HOME MORTGAGE
10/1/2024 011 Civil Debt / Contract – Fraud / Misrepresentation
202458280- 7
Disposed (Final)
HARRIS, ELLIOTT ROSS vs. U S BANK TRUST NATIONAL ASSOCIATION (NOT IN ITS IN 8/30/2024 164 Civil Other Property
202458640- 7
Disposed (Final)
DELGADO, CHARLETTE vs.
US BANK TRUST NATIONAL ASSOCIATION (NOT IN ITS IND
8/30/2024 189 Civil Other Property
202449550- 7
Ready Docket
PLASTER, MELISSA vs. FAY SERVICING LLC 8/2/2024 129 Civil Other Property
202448496- 7
Ready Docket
BAKER, KRISTOPHER ROSS vs.
NEWREZ LLC (DBA SHELLPOINT MORTGAGE SERVICING)
7/31/2024 061 Civil Foreclosure – Other
202434404- 7
Disposed (Final)
BROACH, WHTNEY N vs. WILMINGTON TRUST NATIONAL ASSOCIATION 5/31/2024 295 Civil OTHER CIVIL
202433028- 7
Ready Docket
OVERSTREET, LEE vs.
SELECT PORTFOLIO SERVICES INC
5/24/2024 011 Civil OTHER CIVIL
202428905- 7
Disposed (Final)
HORTA, ENRIQUE GARCIA vs. DO INCOME FUND LLC 5/6/2024 334 Civil Other Property
202419700- 7
Disposed (Final)
GAVIOLA, RENE vs.
WELLS FARGO BANK NA (AS TRUSTEE FOR THE CARRINGTON MORTGAGE LOAN
3/27/2024 055 Civil Other Property
202413848- 7
Disposed (Final)
GARCIA, JAIME H vs. DO INCOME FUND LLC 3/4/2024 125 Civil Other Property
202411280- 7
Ready Docket
SMITH, JESSLYN HALL vs.
SELECT PORTFOLIO SERVICING INC
2/21/2024 234 Civil Other Property
202400031- 7
Disposed (Final)
LOGIK PRECISION REAL ESTATE HOLDINGS LLC vs. U S BANK NA (AS A TRUSTEE FOR ANGEL OAK SB COMMERC 1/2/2024 295 Civil Other Property
202377012- 7
Disposed (Final)
MJM INVESTMENTS, LLC vs.
FAY SERVICING, LLC
11/3/2023 281 Civil Other Property
202376723- 7
Disposed (Final)
KAFI INC vs. FAIRGATE TRUST 11/2/2023 080 Civil Quiet Title
202376289- 7
Disposed (Final)
ALL ABOUT HOMES LLC vs.
SELECT PORTFOLIO SERVICING INC
11/1/2023 281 Civil Quiet Title
202365637- 7
Disposed (Final)
JORDAN, MICHAEL T vs. FEDERAL HOME LOAN MORTGAGE CORPORATION (AS TRUSTEE 9/25/2023 061 Civil Other Property
202358557- 7
Disposed (Final)
DOMAIN GROUP INVESTMENTS LLC vs.
FAY SERVICING LLC
8/31/2023 125 Civil Other Property
202348533- 7
Disposed (Final)
REBUILDING INVESTMENTS LLC vs. MORTGAGE ELECTRONIC REGISTRATION SYSTEM INC (SOLEL 8/1/2023 270 Civil Other Property
202334375- 7
Disposed (Final)
PLASTER, MELISSA ANN vs.
FAY SERVICING LLC
6/5/2023 281 Civil Foreclosure – Other
202334412- 7
Disposed (Final)
AGBOGUN, DELE vs. FAY SERVICING, LLC 6/5/2023 055 Civil Quiet Title
202333484- 7
CONSL Case Disp
IZEN, JOE ALFRED (JR) vs.
DEUTSCHE BANK TRUST COMPANY (AS TRUSTEE IN TRUST F
5/30/2023 333 Civil Quiet Title
202326919- 7
Disposed (Final)
WILSON, RONNIE vs. US BANK, NATIONAL ASSOCIATION (AS TRUSTEE FOR AFC 5/1/2023 061 Civil Other Property
202327638- 7
Ready Docket
MARTINEZ, JAVIER vs.
SELECT PORTFOLIO SERVICING INC
5/1/2023 164 Civil OTHER CIVIL
202326690- 7
Disposed (Final)
LACOMBE, JEFFREY vs. FAY SERVICING LLC 4/28/2023 125 Civil Foreclosure – Other
202326794- 7
Disposed (Final)
MARTINEZ, JAVIER vs.
ALLIED SERVICING CORPORATION
4/28/2023 080 Civil OTHER CIVIL
202325989- 7
Disposed (Final)
CASTELLANOS, DAISY XIOMARA (AKA DAISY MONTANO) vs. US BANK NATIONAL ASSOCIATION AS TRUSTEE ON BEHALF 4/26/2023 061 Civil Other Property
202325945- 7
Disposed (Final)
BROACH, WHITNEY vs.
FAY SERVICING LLC
4/25/2023 125 Civil Other Contract
202322668- 7
Disposed (Final)
HARRIS, M EDWARD vs. SELECT PORTFOLIO SERVICING INC 4/11/2023 333 Civil Debt / Contract – Other
202320827- 7
Disposed (Final)
WESSEL, COLE JARROD vs.
FEDERAL HOME LOAN MORTGAGE CORPORATION
3/31/2023 113 Civil Other Property
202320863- 7
Disposed (Final)
PACHECO, ANA CELSA vs. FAY SERVICING LLC 3/31/2023 127 Civil Other Property
202319989- 7
Disposed (Final)
BRAUGHTON, CHRISTOPHER vs.
DEUTSCHE BANK NATIONAL TRUST COMPANY
3/28/2023 133 Civil Foreclosure – Other
202313230- 7
Disposed (Final)
CARRAWAY, WANDA (INDIVIDUALLY) vs. SELECT PORTFOLIO SERVICING INC 2/28/2023 281 Civil Foreclosure – Other
202307292- 7
Disposed (Final)
ALL ABOUT PROPERTY LLC vs.
SELECT PORTFOLIO SERVICING INC
2/3/2023 011 Civil Quiet Title
202307105- 7
Disposed (Final)
GARCIA, FRANCISCO I vs. SELECT PORTFOLIO SERVICING INC 2/2/2023 165 Civil Other Property
202283776- 7
Disposed (Final)
MACKEY, KYLE vs.
NWL COMPANY LLC
12/29/2022 061 Civil Other Property
202283245- 7
Disposed (Final)
RUDMAN, JAY vs. US BANK TRUST NA 12/27/2022 113 Civil Foreclosure – Other
202280552- 7
Ready Docket
JPN HOLDINGS LLC (AS TRUSTEE OF THE 3AS TRUST) vs.
U S BANK NATIONAL ASSOCIATION (AS TRUSTEE FOR THE MASTR ASSET BACKED
12/13/2022 152 Civil Quiet Title
202278342- 7
Disposed (Final)
SAULNY, CALVIN J (JR) vs. DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE FOR RESIDENTIAL 12/2/2022 127 Civil Other Property
202277789- 7
Disposed (Final)
COLE, CURTIS S vs.
DEUTSCHE BANK NATIONAL TRUST COMPANY
11/30/2022 165 Civil OTHER CIVIL
202271372- 7
Disposed (Final)
RIDEAU LTC3 CORPORATION vs. STEWART TITLE GUARANTY COMPANY (CORPORATION) 10/31/2022 334 Civil Quiet Title
202266869- 7
Disposed (Final)
GAVIOLA, RENE vs.
WELLS FARGO BANK N A (AS TRUSTEE FOR THE CARRINGTO
10/12/2022 129 Civil OTHER CIVIL
202263592- 7
Disposed (Final)
EVANS, TAMIKO (AKA TAMIKO BROWN) vs. SELECT PORTFOLIO SERVICING INC 9/30/2022 333 Civil OTHER CIVIL
202259784- 7
Disposed (Final)
MARANATHA TECHNOLOGIES LLC (D/B/A AVATAR COMPUTER SOLUTIONS) vs.
HOUSTON AUTO AUCTION INC
9/19/2022 055 Civil Debt / Contract – Debt / Contract
202255079- 7
Disposed (Final)
NEUHAUS, WHITNEY vs. FAY SERVICING LLC 8/31/2022 133 Civil Foreclosure – Other
202254411- 7
Disposed (Final)
ARCENEAUX, CYNTHIA A vs.
U S BANK NATIONAL ASSOCIATION (AS TRUSTEE FOR J P MORTGAGE ACQUISITION
8/30/2022 295 Civil Other Property
202245988- 7
Disposed (Final)
HOWELL, GABRIEL J vs. U S BANK TRUST NATIONAL ASSOCIATION (NOT IN ITS IN 8/1/2022 133 Civil Other Property
202245568- 7
Disposed (Final)
MARTINEZ, GUILLERMO A CUEVAS vs.
U S BANK TRUST NATIONAL ASSOCIATION (NOT IN ITS INDIVIDUAL CAPACITY
7/28/2022 334 Civil Other Property
202243945- 7
Disposed (Final)
DUNN, CHAD vs. SELECT PORTFOLIO SERVICING INC 7/22/2022 157 Civil Debt / Contract – Debt / Contract
202238894- 7
Ready Docket
EPIPHANY PROPERTIES LLC vs.
HALL-WOODS, LISA MARIE
6/28/2022 127 Civil PARTITION
202237414- 7
Disposed (Final)
KAPUR, RAMESH vs. U S BANK NATIONAL ASSOCIATION AS INDENTURE TRUSTEE 6/22/2022 234 Civil Quiet Title
202234299- 7
Disposed (Final)
ALL ABOUT PROPERTY LLC vs.
SELECT PORTFOLIO SERVICING INC
6/8/2022 011 Civil Quiet Title
202233918- 7
Ready Docket
QUINTERO, JUAN vs. CITIGROUP INC 6/7/2022 164 Civil Motor Vehicle Accident
202233086- 7
Disposed (Final)
JONES, MICHAEL vs.
US BANK NA SUCCESSOR TRUSTEE TO LASALLE BANK NATIO
6/2/2022 113 Civil Other Property
202229461- 7
Case On Appeal – Civil
MCCLOUD, KIRK E vs. DEUTSCHE BANK NATIONAL TRUST COMPANY (AS TRUSTEE I 5/17/2022 165 Civil Other Property
202225471- 7
Disposed (Final)
RAMIREZ, NERY vs.
WILMINGTON TRUST NATIONAL ASSOCIATION
4/28/2022 215 Civil Other Property
202225284- 7
Disposed (Final)
TYNAN, JAMES T (JR) vs. U S BANK N A 4/27/2022 189 Civil Foreclosure – Other
202220098- 7
Disposed (Final)
MANZANARES, MARCO vs.
SELECT PORTFOLIO SERVICING INC
4/4/2022 333 Civil Debt / Contract – Debt / Contract
202220277- 7
Disposed (Final)
STRANGE, ROBERT vs. DEUTSCHE BANK NATIONAL TRUST COMPANY 4/4/2022 157 Civil Foreclosure – Other
202219446- 7
Ready Docket
HANMI BANK vs.
VELANI, AMEEN
3/31/2022 011 Civil Debt / Contract – Other
202218944- 7
Disposed (Final)
DUHON, GERALD vs. US BANK TRUST AS TRUSTTEE FOR CITIGROUP MORTGATE L 3/29/2022 269 Civil Other Property
202215101- 7
Disposed (Final)
GOODEN, MARY vs.
US BANK N.A AS TRUSTEE FOR BEAR STEARNS ASSET BACK
3/11/2022 061 Civil OTHER CIVIL
202205618- 7
Disposed (Final)
ALVARADO, CANDIDO H vs. SELECT PORTFOLIO SERVICING INC 1/28/2022 333 Civil OTHER CIVIL
202205410- 7
Disposed (Final)
SANCHEZ, FERNANDEZ JR vs.
SELECT PORTFOLIO SERVICING INC
1/27/2022 061 Civil Other Property
202179406- 7
Ready Docket
SOMERSET PROPERTIES LLC vs. DO INCOME FUND LLC 12/7/2021 164 Civil Debt / Contract – Other
202179085- 7
Disposed (Final)
ROBERTSON, BARBARA JACKSON (ESTATE) vs.
DEUTSCHE BANK NATIONAL TRUST COMPANY (AS TRUSTEE IN TRUST FOR THE
12/6/2021 234 Civil Other Property
202179252- 7
Disposed (Final)
BAKIR, MAHER vs. SELECT PORTFOLIO SERVICING 12/6/2021 151 Civil Foreclosure – Other
202178270- 7
Disposed (Final)
COLE, CURTIS vs.
SELECT PORTFOLIO SERVICES INC
12/1/2021 129 Civil Foreclosure – Other
202171828- 7
Disposed (Final)
KOSSEY, RONALD vs. US BANK TRUST NATIONAL ASSOCIATION AS TRUSTEE OF T 11/1/2021 061 Civil Other Property
202170976- 7
Disposed (Final)
JONES, CAROL A vs.
U S BANK NA (SUCCESSOR TRUSTEE TO LASALLE BANK NAT
10/28/2021 125 Civil Other Property
202170901- 7
Disposed (Final)
MILLS, GERALD (SR) vs. WILMINGTON SAVINGS FUND SOCIETY FSB (D/B/A CHRISTI 10/27/2021 129 Civil Quiet Title
202164357- 7
Disposed (Final)
STRANGE, ROBERT vs.
DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE IN
10/4/2021 133 Civil Other Property
202147160- 7
Disposed (Final)
GARCIA, MANUEL vs. HSBC BANK N A 8/3/2021 080 Civil Foreclosure – Other
202146456- 7
Disposed (Final)
BATTLE, ALAN vs.
SELECT PORTFOLIO SERVICES INC
7/30/2021 164 Civil Foreclosure – Other
202146278- 7
Disposed (Final)
JONES, ROBERT vs. SELECT PORTFOLIO SERVICING INC 7/29/2021 269 Civil Other Property
202139875- 7
Disposed (Final)
MCDANIEL, MICHAEL vs.
AEGIS ASSET BACKED SECURITIES TRUST MORTGAGE PASS-
7/2/2021 125 Civil Other Property
202139792- 7
Disposed (Final)
FAIRPORT VENTURES LLC vs. LORI LIANA LONG IN HER CAPACITY AS TRUSTEE FOR U S 7/1/2021 270 Civil Other Property
202139817- 7
Disposed (Final)
EARLS, DIANA vs.
U S BANK TRUST NATIONAL ASSOCIATION (AS TRUSTEE FOR CVF III MORTGAGE
7/1/2021 133 Civil OTHER CIVIL
202138641- 7
Disposed (Final)
FERGUSON SOLUTIONS LLC vs. U S BANK TRUST NATIONAL ASSOCIATION (NOT IN ITS INDIVIDUAL CAPACITY 6/28/2021 234 Civil Other Property
202131823- 7
Disposed (Final)
PURNELL, CHARLES (JR) vs.
U S BANK TRUST NATIONAL ASSOCIATION (SOLELY AS TRUSTEE FOR VRMTG
5/27/2021 269 Civil Other Property
202123891- 7
Disposed (Final)
U S BANK NATIONAL ASSOCIATION (AS TRUSTEE FOR BEARSTERNS ASSET BACKED vs. GOODEN, MARY 4/21/2021 055 Civil OTHER CIVIL
202118821- 7
Disposed (Final)
FLANDEZ, MARYLOU (A/K/A MARYLOU PHOUMLAVANH) vs.
WILMINGTON SAVINGS FUND SOCIETY FSB (D/B/A CHRISTI
3/30/2021 190 Civil Other Property
202107941- 7
Disposed (Final)
ANASSI, GRACE vs. SELECT PORTFOLIO SERVICES INC 2/8/2021 190 Civil Debt / Contract – Debt / Contract
202063875- 7
Disposed (Final)
PSF I 5959 CORPORATE L P vs.
SUTHERLAND MORTGAGE SERVICES INC
10/7/2020 295 Civil Debt / Contract – Other
202032882- 7
Disposed (Final)
PENA, YVONNE vs. CITIBANK NA (AS TRUSTEE FOR CMLTI ASSET TRUST) 6/2/2020 152 Civil Other Property
202018153- 7
Disposed (Final)
MARTINEZ, OMAR U vs.
SELECT PORTFOLIO SERVICING INC
3/18/2020 190 Civil OTHER CIVIL
202018153A- 7
Disposed (Final)
MARTINEZ, OMAR U vs. SELECT PORTFOLIO SERVICING INC 3/18/2020 190 Civil SEVERANCE
202013686- 7
Disposed (Final)
OJEDA, CRYSTAL L vs.
SELECT PORTFOLIO SERVICING INC
3/2/2020 125 Civil Other Property
202013636- 7
Disposed (Final)
DELANEY, DEMETRA vs. DEUTSCHE BANK NATIONAL TRUST COMPANY (AS TRUSTEE IN TRUST FOR 2/28/2020 011 Civil Foreclosure – Other
202013449- 7
Disposed (Final)
GARCIA, MANUEL vs.
HSBC BANK USA N A
2/27/2020 011 Civil Foreclosure – Other
201985432- 7
Disposed (Final)
MATA-AGUILAR, RACHEL vs. SELENE FINANCIAL L P 12/2/2019 234 Civil Other Property
201985024- 7
Disposed (Final)
WRIGHT, RUSSELL vs.
WILMINGTON SAVINGS FUND SOCIETY FSB
11/26/2019 190 Civil Foreclosure – Other
201983438- 7
Disposed (Final)
OVATION SERVICES LLC vs. THACKER, JAYCE 11/19/2019 334 Civil Tax Delinquency
201979406- 7
Disposed (Final)
WILLIAMS, ANTOINETTE vs.
U S BANK N A
10/31/2019 281 Civil Foreclosure – Other
201970979- 7
Disposed (Final)
BERGMAN, HELENE vs. SPS (A/K/A SELECT PORTFOLIO SERVICING INC) 9/27/2019 189 Civil Other Property
201962365- 7
Disposed (Final)
HUNTER, KATHRYN vs.
AAMES FUNDING CORPORATION (DBA AAMES HOMES LOAN)
8/30/2019 269 Civil Foreclosure – Other
201957027- 7
Disposed (Final)
SAGASTUME, WILLIAM vs. WMC MORTGAGE CORP 8/16/2019 190 Civil Foreclosure – Other
201950668- 7
Disposed (Final)
MIDSOUTH VI LLC vs.
EXCLUSIVE VENTURES LLC (DBA REMAX EXCLUSIVE)
7/24/2019 215 Civil Debt / Contract – Other
Case (Cause) Number Style File Date Court Case Region Type Of Action / Offense
201944897- 7
Disposed (Final)
LEE, DONALD vs. SELENE FINANCE LP 7/2/2019 295 Civil Other Property
201944627- 7
Disposed (Final)
WILLIAMS, BRANTLEY P vs.
WILMINGTON SAVINGS FUND SOCIETY FSB (D/B/A CHRISTIANA TRUST (NOT
7/1/2019 129 Civil Other Property
201944442- 7
Disposed (Final)
EZE, ANGELA UCHECHI vs. SELECT PORTFOLIO SERVICING INC 6/28/2019 157 Civil Foreclosure – Other
201937732- 7
Disposed (Final)
GICHUHI, MICHAEL vs.
WILMINGTON SAVINGS FUND SOCIETY FSB (D/B/A CHRISTIANA TRUST) (NOT
6/3/2019 164 Civil Foreclosure – Other
201937025- 7
Disposed (Final)
ELBATAINEH, SEREN vs. CITIBANK NA 5/30/2019 011 Civil OTHER CIVIL
201937050- 7
Disposed (Final)
GARCIA, MANUEL vs.
HSBC BANK USA N A
5/30/2019 133 Civil OTHER CIVIL
201931417- 7
Disposed (Final)
EVAN, WILLIAMS vs. SELECT PORTFOLIO SERVICING INC 5/6/2019 281 Civil Foreclosure – Other
201931118- 7
Disposed (Final)
MONTESINOS, MARLENE vs.
WILMINGTON SAVINGS FUND SOCIETY FSB (D/B/A CHRISTI
5/3/2019 334 Civil Foreclosure – Other
201930243- 7
Disposed (Final)
ELBATAINEH, SEREN vs. CITIBANK N A 4/30/2019 334 Civil Foreclosure – Other
201929457- 7
Disposed (Final)
MIDSOUTH VI LLC vs.
REHMANIA CLEANERS L L C
4/26/2019 127 Civil Debt / Contract – Debt / Contract
201921881- 7
Disposed (Final)
GARCIA, MANUEL vs. HSBC BANK N A 3/26/2019 133 Civil Foreclosure – Other
201915299- 7
Disposed (Final)
GARZA, ENRIQUE E (JR) vs.
WILMINGTON FSB/CHRISTIANA TRUST
3/1/2019 189 Civil Foreclosure – Other
201914662- 7
Disposed (Final)
CAO, ANGELA vs. SELENE FINANCE LP 2/25/2019 127 Civil Quiet Title
201910729- 7
Case On Appeal – Civil
WELLS FARGO BANK N A (ON BEHALF OF REGISTERED HOLDERS OF BEAR STEARNS vs.
GALLOWAY, GLENN E
2/12/2019 011 Civil Other Property
201908391- 7
Disposed (Final)
SANTAROSE, FRANCIS vs. DEUTSCHE BANK NATIONAL TRUST COMPANY 2/1/2019 234 Civil Foreclosure – Other
201907844- 7
Disposed (Final)
COLEMAN, CALVIN vs.
U S BANK N A (SUCCESSOR TRUSTEE TO LASALLE BANK NA
1/31/2019 281 Civil Quiet Title
201903101- 7
Disposed (Final)
THE BANK OF NEW YORK MELLON (F/K/A THE BANK OF NEW YORK) (AS TRUSTEE vs. BEALE, WANDA (DECEASED) 1/14/2019 113 Civil Quiet Title
201901298- 7
Disposed (Final)
CHEARAVANONT, TIPAPORN vs.
WORLD SAVINGS BANK N A
1/7/2019 190 Civil Debt / Contract – Other
201891481- 7
Disposed (Final)
GARZA, ENRIQUE E (JR) vs. WILMINGTON SASVINGS FSB CHRISTIAN TRUST BACT 2015-14ATT 12/31/2018 215 Civil Foreclosure – Other
201891168- 7
Disposed (Final)
DELANEY, DAMETRA vs.
DEUTSCHE BANK NATIONAL TRUST COMPANY (AS TRUSTEE IN TRUST FOR
12/28/2018 157 Civil Foreclosure – Other
201891306- 7
Disposed (Final)
HUNTER, KATHRYN vs. MORTGAGE SERVICER SELECT PORTFOLIO SERVICING INC 12/28/2018 270 Civil OTHER CIVIL
201889012- 7
Disposed (Final)
EDWARDS, ONEAL vs.
U S BANK NATIONAL ASSOCIATION
12/14/2018 190 Civil Debt / Contract – Fraud / Misrepresentation
201888008- 7
Disposed (Final)
REYES, JOSE OSCAR vs. WILMINGTON SAVINGS FUND SOCIETY FSB 12/11/2018 152 Civil Foreclosure – Other
201887510- 7
Disposed (Final)
JACKSON, ERNEST vs.
DEUTSCHE BANK NATIONAL TRUST COMPANY (AS TRUSTEE I
12/10/2018 061 Civil Foreclosure – Other
201885833- 7
Disposed (Final)
BORNASCHELLA, ALBERT vs. U S BANK NATIONAL ASSOCIATION (AS INDENTURE TRUSTE 12/3/2018 129 Civil Debt / Contract – Debt / Contract
201886055- 7
Disposed (Final)
SILVER GRYPHON L L C vs.
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201807344 –

DEUTSCHE BANK NATIONAL TRUST COMPANY vs. IZEN, AFTON JANE 

(Court 333, JUDGE BRITTANYE MORRIS)

FEB 2, 2018 | REPUBLISHED BY LIT: DEC 30, 2024
DEC 30, 2024

A parting corrupt order by Outlaw in a Dirty Black Robe.

Comes now Plaintiff, Deutsche Bank National Trust Company, As Trustee, In Trust For Registered Holders of Long Beach Mortgage Loan Trust 2003-2, Asset Asset-backed Certificates, Series 2003 2003-2 (“Trustee”), by and through its loan servicer, Select Portfolio Servicing, Inc. (“Plaintiff”) files this Reply Brief in Support of Motion for Summary Judgment on all claims of

Plaintiff and on Defendant and Intervenor’s claims and defenses based on the statute of limitations in this now consolidated action and would respectfully show as follows:

INTRODUCTION

1.                  As the Court is now aware, it has already denied Defendant Joe Izen’s Motion for Summary Judgment based on the statute of limitations applicable to foreclosure, effectively finding that the lien securing the loan is not precluded by the applicable statute of limitations.

The issue before the Court with respect to Plaintiff’s Motion for Summary Judgment is now whether Plaintiff has a right to judgment authorizing foreclosure of the subject lien.

2.                  As the Court is now also aware, the mortgage in question is a Texas Home Equity Loan in default that was provided to Afton Jane Izen and Paul Butler (“Borrowers”) that is past due for the August 1, 2010 payment and all subsequent payments. This is undisputed.

There is also no dispute that Plaintiff is the mortgagee for the Loan, that Notice of Default was provided, or that that payment obligations were legally accelerated. Plaintiff has therefore established its right to a judgment authorizing foreclosure.

3.                  Neither Mr. Izen, nor Mr. Grose were or are borrowers under the subject mortgage and neither have or can truthfully dispute the subject mortgage defaults. Instead, these parties have contested Plaintiff’s right to foreclosure solely based on the statute of limitations applicable to foreclosure.

As stated, Mr. Izen has already put forth his statute of limitations claims and defenses before the Court via his Motion for Summary Judgment.

The statute of limitations theories espoused by Mr. Izen have already been rejected by this Court when his Motion for Summary Judgment was denied by written order signed on September 18, 2024.

4.                  There are no fact issues presented and no issues for determination at any potential trial of this matter.

Either Defendants are correct and foreclosure is precluded by the statute of limitations, a point that has been rejected by this Court, or Plaintiff is entitled to a judgment authorizing foreclosure.

Plaintiff has established its right to judgment authorizing foreclosure, has negated Defendant’s and Intervenor’s statute of limitations defenses and claims, and Plaintiff entitled to summary judgment on all issues before the Court, including judgment authorizing foreclosure.

ARGUMENT AND AUTHORITIES

5.                  In response to Plaintiff’s pending Motion seeking judgment authorizing foreclosure, Mr. Izen does nothing more than re-urge his same statute of limitations arguments that were already rejected by this Court, with one exception.

6.                  He now references the Powell case in support of his argument that Plaintiff is not entitled to tolling of the statute of limitations as a result of the Borrower’s prior litigation.

See Powell v. CIT Bank, N.A., No. 14-15-00949-CV, 2017 WL 4228893, at *5 (Tex. App.—Houston [14th Dist.] June 8, 2017, no pet.).

However, a review of Powell reveals that it does not support the proposition for which Mr. Izen has cited it and is entirely irrelevant to the case at hand.

In fact, the case contains no discussion of tolling of the statute of limitation and involves a reverse mortgage loan that has entirely different contractual provisions from the loan at issue. Id.

7.                  In Powell, the First Court of Appeals held that a reverse mortgage lien was precluded by the statute of limitations because the reverse mortgage lien matured by contract upon the Borrower’s death and therefore the four-year statute of limitations expired thereafter.

In the present case, which does not involve a reverse mortgage lien, there is no provision providing for maturity of the Note upon death and unlike the Powell case, here there is definitive evidence of tolling in the form of a prior lawsuit filed by the Borrowers challenging Plaintiff’s right to foreclose.

See Exhibits 1-H though 1-I attached to Plaintiff’s MSJ showing the period of tolling of the statute of limitations applicable to filing a suit seeking judgment authorizing foreclosure.

8.                  In Powell the lender tried to argue that it abandoned acceleration and therefore avoided the effect of the statute of limitations because it filed a prior lawsuit during the limitations period, but non-suited its suit for judicial foreclosure prior to judgment.

9.                  The court in Powell held that the lender could not successfully assert abandonment of acceleration to avoid the statute of limitations because the payment obligations had matured, rather than being accelerated by written notice and therefore maturity could not be abandoned.

The present case does not involve an allegation of contractual maturity, but instead involves Mr. Izen’s allegations that the payment obligations were legally accelerated in 2013.

Plaintiff has previously established tolling of the statute of limitations based on the following timeline as supported by its summary judgment evidence.

August 27, 2013 –  First date that Mr. Izen claims the statute of limitations accrued.

February 26, 2014- Trustee filed an expedited foreclosure proceeding pursuant to Rule 736 of the Texas Rules of Civil Procedures. Plaintiff Ex. 1-G

April 24, 2015  Borrower files suit in state court and that action was removed to Federal Court.

The filing of that collateral lawsuit abated the Rule 736 Proceeding or any Rule 736 Proceeding by operation of law and prevented filing of a new expedited foreclosure action while the action by Borrower was on file. Plaintiff Ex.1-H

February 12, 2016 294 days after Borrower’s law suit was filed, Borrower’s lawsuit was dismissed by Final Judgment.

(294 days of tolling).

Plaintiff Ex. 1-I

LIT: Counterclaim filed in federal court on May 13, 2015 and the Order of Dismissal on Feb 12, 2016 = 276 days or 9 months. However, the 9 months of tolling do not apply when Deutsche Bank agreed to Dismissal WITHOUT prejudice, the 4-year statute of limitations clock was still running….

SEE POWELL

The dismissal without prejudice of these claims returned the parties to the positions they occupied before any suit was filed, as if the first suit had never existed.

See Cunningham v. Fox, 879 S.W.2d 210, 212 (Tex. App.—Houston [14th Dist.] 1994, writ denied).

The “without prejudice” denomination means that the dismissal of the claims does not prevent the re-filing of the claims; it does not mean that the pendency of the first suit tolled the statute of limitations as to a later suit or that any other party in the case waived any defenses to the voluntarily dismissed claims.

See id.; Hammonds v. Texas Dept. of Criminal Justice, No. 04-11-00009-CV, 2011 WL 3610406, at *1–2 (Tex. App.—San Antonio Aug. 17, 2011, no pet.) (mem. op.).

Because the four-year limitations period expired before Powell filed this lawsuit in July 2013, the real-property lien and the power of sale to enforce the lienbecame unenforceable.

And, because CIT Bank’s power to enforce the lien is unenforceable, the trial court erred in granting CIT Bank declaratory relief.

August 27, 2017-        Date on which limitations expired according to Mr. Izen, absent tolling or abandonment of acceleration.

February 2, 2018-      Date Plaintiff filed this Action seeking judgment authorizing foreclosure. See Court’s file.

June 17, 2018-          294 days after August 27, 2017 which is the date SOL would expire with tolling under Mr. Izen’s accrual date analysis

10.              The Borrowers had a lawsuit against Plaintiff pending from April 24, 2015 to February 12, 2016 which tolled the applicable statute of limitations for foreclosure for 294 days, therefore the present lawsuit seeking judgment authorizing foreclosure was timely filed on February 2, 2018 even under Mr. Izen’s theories regarding the statute of limitations.

See Reddick v. Deutsche Bank Nat’l Tr. Co., No. 3:16-CV-1997-D, 2017 WL 6343542, at *4 (N.D. Tex. Dec. 12, 2017)

(quoting Hughes v. Mahaney & Higgins, 821 S.W.2d 154, 157 (Tex. 1991);

However, ROF contends the statute of limitations was equitably tolled from January 2012 (when Morlock filed its first suit to quiet title) until September 2013 because “Metlife was effectively prevented from selling the property at a non-judicial sale during the 618 day ‘pendency of legal proceedings’ the sole purpose of which was to determine  whether Metlife’s legal remedy was or was not available.”

According to ROF, “[u]ntil the Fifth Circuit affirmed judgment in its favor, Metlife was prevented from exercising the legal remedy of a superior lien holder by the pendency of Morlock’s suit challenging that status.”

To support its argument, ROF heavily relies on Hughes v. Mahaney & Higgins, 821 S.W.2d 154 (Tex. 1991) and Pioneer Bldg. & Loan Ass’n v. Johnston, 117 S.W.2d 556 (Tex. App.—Waco 1938, writ dism’d).

ROF particularly points to the following language in Hughes and Pioneer: “‘a person is prevented from exercising his legal remedy by the pendency of legal proceedings, the time during which he is thus prevented should not be counted against him in determining whether limitations have barred his right.’”

Hughes, 821 S.W.2d at 157 (quoting Walker v. Hanes, 570 S.W.2d 534, 540 (Tex. Civ. App.—Corpus Christi 1978, writ ref’d n.r.e.)); Pioneer, 117 S.W.2d at 559.

However, we find both cases inapplicable.

Deutsch [sic] Bank Nat’l Trust Co. v. Castrellon, 852 Fed. App. 841 (5th Cir., July 12, 2021, no pet.)

LIT: UNPUBLISHED – THEFT OF HOME

(holding that the lender is entitled to tolling during the pendency of a collateral lawsuit that precluded foreclosure of a home equity lien under Rule 736);

Cloward v. U.S. Bank Trust, N.A. as Trustee for LSF9 Master Participation Trust, No. 05-18-01397-CV, 2020 WL 4435306, at *4-6 (Tex. App. – Dallas Aug. 3, 2020, pet. denied)

(finding tolling in favor of the lender because the borrower should not be permitted to destroy or impair the lender’s contractual right to foreclosure under the power of sale by the simple expedient of instituting a suit thereby compelling the lender to abandon the extra-judicial foreclosure which lender had the right to elect).

Accordingly, Defendant and Intervenors statute of limitations have been negated.

HORD’S ARGUMENT CONFLICTS WITH THE $1 MILLION DOLLAR SETTLEMENT BY DEUTSCHE BANK WHO RESCINDED MORTGAGE FOR THE FOLLOWING REASON BY FEDERAL COURT OPINION IN Deutsche Bank National Trust Company v. Ketmayura (1:14-cv-00931) District Court, W.D. Texas

“If a lender’s application for foreclosure is automatically dismissed because the borrower filed an independent lawsuit, the lender may elect to pursue judicial foreclosure as a counterclaim or separate suit, but is not deprived of the right to simply re-apply for nonjudicial foreclosure after the borrower’s suit is dismissed.”

Steptoe, 2015 Tex. Ap.. LEXIS 2588, *10-12 (citing Kaspar v. Keller, 466 S.W.2d 326, 329 (Tex. Civ. App.—Waco 1971, writ ref’d n.r.e.))….

“In fact, Texas courts have expressly held that the automatic dismissal provision applicable to Rule 736 applications for expedited foreclosure “should not be permitted to destroy or impair the mortgagee’s contractual right to foreclosure under the power of sale . . ..”

Kaspar v. Keller, 466 S.W.2d 326, 328-29 (Tex. Civ. App.—Waco 1971, writ ref’d n.r.e.).

“Because the Rule 736 dismissal of the lender’s Application for Nonjudicial Foreclosure did not operate as an abandonment of the 2007 acceleration, and the Ketmayura’s 2009 suit challenging the nonjudicial foreclosure did not preclude the lender from suing for judicial foreclosure, the statute of limitations on foreclosure was not tolled by the state law suit.”

11.              Plaintiff has also established its right to foreclose on the Property since Borrowers defaulted on their contractual payment obligations, remain in default, and Plaintiff has complied with all prerequisites to foreclosure. The summary judgment evidence establishes that:

(a)               a debt exists (see Exhibits 1, 1-A and 1-B);

(b)               the debt is secured by a lien created under Tex. Const. art. XVI, §50a(6) for a home equity loan (Exhibits 1-A, 1-B);

(c)               a default under the Deed of Trust exists (Exhibit 1);

(d)               the requisite notices to cure the default under the Deed of Trust, Tex. Prop. Code §51.002 and other applicable law have been provided and the payment obligations have been accelerated (Exhibits 1 and 1-F); and

(e)               Borrowers are deceased and therefore are not members of the National Guard or United States Military and have not applied for relief under the provisions of the Soldier’s and Sailor’s Relief Act of 1940

CONCLUSION

12.              Trustee as Plaintiff has established herein its right to a judgment declaring and authorizing its right to conduct a nonjudicial foreclosure sale on the Property in accordance with the terms of the applicable security instrument and the Texas Property Code.

Defendant’s statute of limitations defense fails for the reasons stated herein as already heard and ruled upon following Defendant’s Motion for Summary Judgment.

WHEREFORE, Plaintiff pray that the Court grant summary judgment to Plaintiff and award Plaintiff judgment including a declaration of its right to foreclose, and for such other relief to which Plaintiff may show itself to be entitled.

Respectfully submitted,

HIRSCH & WESTHEIMER, P.C.

By:  /s/ Michael F. Hord Jr.

Michael F. Hord Jr.
State Bar No. 00784294

Eric C. Mettenbrink
State Bar No. 24043819

1415 Louisiana, 36th Floor
Houston, Texas 77002-2772
Tel 713-220-9182 / Fax 713-223-9319

Email: mhord@hirschwest.com
Email: emettenbrink@hirschwest.com

ATTORNEY FOR PLAINTIFF

Izen v. Deutsche Bank National Trust Company

Do not docket in this case. Case remanded to the 333rd Judicial District Court of Harris County, TX.

(4:23-cv-02028)

District Court, S.D. Texas, Judge Lee Rosenthal

OCT 2, 2023 | REPUBLISHED BY LIT: NOV 30, 2024
NOV 30, 2024

Above is the date LIT Last updated this article.

201807344 –

DEUTSCHE BANK NATIONAL TRUST COMPANY vs. IZEN, AFTON JANE 

(Court 333, JUDGE BRITTANYE MORRIS)

FEB 2, 2018 | REPUBLISHED BY LIT: NOV 30, 2024
NOV 30, 2024

Above is the date LIT Last updated this article.

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