LIT COMMENTARY
JAN 13, 2025
There has been no movement on this property since dismissal in August of 2024.
The home has not been listed for nonjudicial foreclosure right up to January 2025.
It’s time-barred, but Texas and the Union will not wish to admit as much in any recordings, so it will just languish.
However, LIT will keep highlighting these cases to the citizens and homeowners who face theft by illegal takings.
ORDER OF DISMISSAL.
The Joint Stipulation of Dismissal is granted. It is further ORDERED, ADJUDGED, and DECREED that all of Plaintiff’s claims asserted in this cause are dismissed without prejudice.
It is further, ORDERED, ADJUDGED, and DECREED that all of Defendant’s counterclaims asserted in this cause are dismissed without prejudice. It is further, ORDERED, ADJUDGED, and DECREED all relief not granted herein is denied.
Costs and attorney’s fees are taxed against the party incurring same.
This Order constitutes a final judgment in that it finally disposes of all parties and all claims in this cause.
Case terminated on 08/13/2024.
(Signed by Judge David Hittner) Parties notified. (jww4) (Entered: 08/13/2024)
LIT COMMENTARY
AUG 14, 2024
LIT’s currently reporting on the number of times foreclosure mill attorney’s and their firms are knowingly and maliciously pursuing time-barred foreclosures for greed. Here’s another one by PHH and their despicable counsel.
Time Barred: The Catholic Bandit n’ Elder Abuser Mark Cronenwett Costs Deutsche Bank $1,000,000.
The defaulting homeowners settle with Deutsche Bank @deutschebank obtaining a free and clear home, with the $1M mortgage time barred from collection.https://t.co/fT0rPUS6tJ
— lawsinusa (@lawsinusa) August 13, 2024
PHH Mortgage Corporation v. Rosas
(4:24-cv-00229)
District Court, S.D. Texas, Judge David Hittner
JAN 22, 2024 | REPUBLISHED BY LIT: AUG 14, 2024
AUG 14, 2024
Above is the date LIT Last updated this article.
ORDER OF DISMISSAL.
The Joint Stipulation of Dismissal is granted. It is further ORDERED, ADJUDGED, and DECREED that all of Plaintiff’s claims asserted in this cause are dismissed without prejudice.
It is further, ORDERED, ADJUDGED, and DECREED that all of Defendant’s counterclaims asserted in this cause are dismissed without prejudice. It is further, ORDERED, ADJUDGED, and DECREED all relief not granted herein is denied.
Costs and attorney’s fees are taxed against the party incurring same.
This Order constitutes a final judgment in that it finally disposes of all parties and all claims in this cause.
Case terminated on 08/13/2024.
(Signed by Judge David Hittner) Parties notified. (jww4) (Entered: 08/13/2024)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:24-cv-00229
| PHH Mortgage Corporation v. Rosas Assigned to: Judge David Hittner Cause: 28:1332 Diversity-Declaratory Judgment |
Date Filed: 01/22/2024 Date Terminated: 08/13/2024 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 04/03/2024 | 11 | NOTICE of service of Initial Disclosures by PHH Mortgage Corporation, filed. (Frame, Nicholas) (Entered: 04/03/2024) |
| 04/10/2024 | 12 | NOTICE of Appearance by Breayne J. Bennett on behalf of Irene M. Rosas, filed. (Bennett, Breayne) (Entered: 04/10/2024) |
| 04/10/2024 | 13 | Agreed JOINT DISCOVERY/CASE MANAGEMENT PLAN by Irene M. Rosas, filed. (Bennett, Breayne) (Entered: 04/10/2024) |
| 04/11/2024 | 14 | SCHEDULING ORDER. Trial Term: March/April 2024. ETT: 1 day. Bench trial. Amended Pleadings due by 5/31/2024. Joinder of Parties due by 5/31/2024 Pltf Expert Witness List due by 5/31/2024. Deft Expert Witness List due by 6/28/2024. Discovery due by 9/30/2024. Dispositive Motion Filing due by 10/31/2024. Non-Dispositive Motion Filing due by 10/31/2024. Joint Pretrial Order due by 2/28/2025.(Signed by Magistrate Judge Peter Bray) Parties notified. (jmm4) (Entered: 04/12/2024) |
| 05/31/2024 | 15 | DESIGNATION OF EXPERT WITNESS LIST by PHH Mortgage Corporation, filed. (Attachments: # 1 Exhibit) (Frame, Nicholas) (Entered: 05/31/2024) |
| 08/12/2024 | 16 | STIPULATION of Dismissal (Joint), by PHH Mortgage Corporation, filed. (Attachments: # 1 Proposed Order) (Frame, Nicholas) (Entered: 08/12/2024) |
| 08/13/2024 | 17 | ORDER OF DISMISSAL. The Joint Stipulation of Dismissal is granted. It is further ORDERED, ADJUDGED, and DECREED that all of Plaintiff’s claims asserted in this cause are dismissed without prejudice. It is further, ORDERED, ADJUDGED, and DECREED that all of Defendant’s counterclaims asserted in this cause are dismissed without prejudice. It is further, ORDERED, ADJUDGED, and DECREED all relief not granted herein is denied. Costs and attorney’s fees are taxed against the party incurring same. This Order constitutes a final judgment in that it finally disposes of all parties and all claims in this cause. Case terminated on 08/13/2024. (Signed by Judge David Hittner) Parties notified. (jww4) (Entered: 08/13/2024) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 08/14/2024 05:20:09 |
Agreed JOINT DISCOVERY/CASE MANAGEMENT PLAN by Irene M. Rosas, filed.
(Bennett, Breayne) (Entered: 04/10/2024)
Breayne J. Bennett
Associate Attorney
breayne@jjacksonpllc.com
Bre was born and raised in Houston, Texas, specifically the Alief area. She has always loved the law and saw the legal field as an area to advocate for people. Bre received her Bachelor’s Degree at Stephen F. Austin State University then went on to attend Penn State Dickinson Law where she received her Juris Doctorate. While in law school, Bre was President of the Black Law Students Association, Vice President of the American Constitution Society, and an Editor on the Law Review. Bre volunteered conducting consults for criminal record expunctions, community town halls, and various fundraisers. She also interned for the Harris County District Attorney’s Office and clerked for Rusty Hardin and Associates. When not practicing law, Bre enjoys reading, beaches, and spending time with her friends and family.
Education
Penn State Dickinson Law, J.D. (2021)
Senior Editor on Penn State Dickinson Law Review (Fall 2020, Spring 2021)
Associate Editor on Penn State Dickinson Law Review (Fall 2019, Spring 2020)
Ranked “Best Plaintiff’s Advocate” Penn State Dickinson Mock Trial (Spring 2019)
CALI Award, Highest Grade in Criminal Law (Fall 2018)
Stephen F. Austin State University, B.A. Creative Writing (2017)
Member, NAACP
Admissions
State Bar of Texas (2021)
U.S. District Court, Southern District of Texas
Professional Experience
Sb2 inc., Associate Attorney (2023-2024)
John Buchmiller & Associates, Associate Attorney (2022-2023)
The Law Office of Jasmit Dhaliwal, Associate Attorney (2022)
United States District Court for the Mid. District of Pennsylvania, Legal Intern (Spring-Fall 2020)
Rusty Hardin & Associates, LLP, Law Clerk (Summer 2020)
United States Attorney’s Office Mid. District of Pennsylvania, Legal Intern (Fall 2019)
Harris County District Attorney’s Office, Legal Intern (Summer 2019)
Texas Federal and State Judges
“In My Pocket” Series by LIT
Judge Keith P. Ellison, S.D. Tex.Ellison blindly assigned many Vilt cases before the court.
Historically, overturned Judge Eskridge’s Order in Robert Strange foreclosure case.
Ellison Believes He is Above the Law. pic.twitter.com/DHbtxv2hvy
— lawsinusa (@lawsinusa) September 14, 2023
Fifth Circuit: “Acceleration Abandoned. But We Already Foreclosed The Waldens Home in 2021”
This case is a clear example of what LIT continuously highlights. Foreclosure mill counsel are duplicating cases and fees in foreclosures.
Wild West Hired Guns Misfire: PHH ONITY’s Cooked-Up n’ Cockamamie Arguments Implode
Judge Werlein recused in July and hence ONITY’s argument is frivolous, and their motion for summary judgment violates court procedures.
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.
Texas Appellate Justice Ken Molberg: Statute of Limitations Suspended During Litigation and Appeal
That differs when you are in Federal Court on Appeal. It didn’t stop PHH and Mark Cronenwett from filing for nonjudicial foreclosure.
Justice in the Wild West: One Fearless Widow’s Battle for Truth and Honor in the Federal Courthouse
The Texas Struggle: Defying Northern Banking Giants and Their Bounty Hunting Lawyers to Protect Her Home from Rustlers and Thieves
Including the How: Addressing the Missing Piece in Quoting Fraud with Specificity
In Plaintiff’s prior response, under section F. Burke Fails to Assert a Claim for Fraud, the How element was inadvertently omitted.
Federal Bankruptcy Judge Lopez: I Don’t Read Words Into Statutes. I Read What They Say and I Follow It
Texas Supreme Court Justice Blacklock: Why should the court give the lender rights it didn’t bargain for to get paid?
A Wild West Blunder: PHH’s Hired Bounty Hunters at Hopkins Law Deliver a Cockamamie Response
Gunsmoke and Legal Misfires: PHH’s Reply Misses the Mark. Hopkins Law’s Cockamamie Response Turns Legal Logic into High Noon Nonsense.
Texas Law Professors on Bankruptcy and Civil Rights Won’t Confront Premeditated Judicial Misconduct
Three lauded Texas University law schools employ these academics. Despite their resumes centered on civil rights, they refuse to defend them.
