Acceleration

Statute of Limitations: Onity and The Catholic Bandit Pursue an Expired Debt before Judge Hittner

Rosas response: Statute of limitations. More than four years has passed since an acceleration of the subject loan without foreclosure

LIT COMMENTARY

JAN 13, 2025

There has been no movement on this property since dismissal – without prejudice – in August of 2024.

Same on HCAD and HC RPR, no movement.

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.

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.

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)

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Statute of Limitations: Onity and The Catholic Bandit Pursue an Expired Debt before Judge Hittner
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