Breaking: Live Updates on St. Patrick’s Day:
Unveiling Texas Corruption: Exposing the Ongoing Home Theft Crisis Since 2008
Witness the day unfold as we shine a spotlight on the shocking truth behind the ongoing home theft crisis in Texas, plaguing citizens since the Great Recession of 2008. No holds barred, just unfiltered facts.
Stay informed, stay empowered: Follow our X (Twitter) account for real-time bombshells.
MAR 17, 2024
America. #Hitler https://t.co/v1BwWZOtFP pic.twitter.com/q9zf9MWPoR
— lawsinusa (@lawsinusa) March 16, 2024
WHAT LIT DISCOVERED AND DETERMINED FROM FFGGP (KINGMAN) CASES IN TEXAS COURTS
MAR 16, 2024
THIS CASE CITES TO BURKE BUT THE PANEL SPECIFICALLY DID NOT ADDRESS BURKE, BUT THEIR OPINION SUPPORTS THE BURKE’S AND NOT THE FIFTH CIRCUIT
Appellees cite three cases in support of their argument: Deutsche Bank Nat’l Tr. Co. v. Burke , 655 Fed. Appx. 251, 253–54 (5th Cir. 2016), Wicks , 442 S.W.3d at 680 ; and Crowell v. Bexar Cnty. , 351 S.W.3d 114, 117–19 (Tex. App.—San Antonio 2011, no pet.).
“In this case, MTGLQ and U.S. Bank sought to create a new right in the Property by reviving the Second Lien after it was already extinguished by the default judgment. The backdating of the agreement did not transfer an existing right held by MTGLQ; it purported to revive a lien extinguished by the default judgment.”
FFGGP, Inc. v. MTGLQ Inv’rs, 646 S.W.3d 30, 39 (Tex. App. 2022)
SEE PAGE 11 OF SMITH'S OPINION ON REMAND
THE FEDERAL ERIE GUESS IS DISPUTED BY TEXAS APPELLATE COURT
Gaber v. U.S. Bank , No. 02-19-00243-CV, at *16 n.14 (Tex. App. Sep. 3, 2020)
“We assume without deciding that Property Code Section 51.002 authorizes an independent cause of action.
But see Anderson v. CitiMortgage, Inc., No. 4:13CV369, 2014 WL 2983366, at *5 (E.D. Tex. July 2, 2014) (“Under Texas law, there is no independent cause of action for breach of section 51.002. . . . A violation of this section might allow a claim for wrongful foreclosure, but there is no allegation that a foreclosure sale of the Property has occurred.” (citations omitted)).”
SUMMARIZING THE GRABNER’S FRAUD ON/BY THE COURT(S)
The property in question is not the Grabner’s main residence, as evidenced in the deed of trust above the signature line on page 10.
2023: BRETT GRABNER; PROPERTY AT RISK; 1918 LAURELL HILL DR, HUMBLE, TX.
202358369 –GRABNER, BRETT vs. FREEDOM MORTGAGE CORP (Court 334)
Grabner v. Freedom Mortgage Corporation (4:23-cv-03360) District Court, S.D. Texas, Judge E Werlein Jr.
Legal Representation
For Grabner: Robert Clarence Newark (Sanctioned Texas “Foreclosure Defense” Attorney)
For Freedom: Brad Conway and Dustin George of MGS
Federal Court Assigned: SDTX Judge Ewing Werlein, Jr
Judge Werlein addressed Breach of Contract and Sec. 51 as follows:
Breach of Contract: Failure to perform defeats claim (tender payment of mortgage).
Sec. 51: Claim is deviod of argument, e.g. no statutes, provisions, facts or evidence.
Final Judgment rendered Oct. 12, 2023 – dismissed with prejudice to refiling.
In the Grabners’ cases, the first case would be filed by Bandit Robbin’ Rob Newark and lists Brett Grabner as the Plaintiff to stop foreclosure in Harris County District Court.
The TRO is always granted to a lawyer in such cases. In this case it was modified from $100 requested by Newark to $500, as signed by ancillary judge Fredericka Phillips.
At the time of this posting, Newark has never requested release of the $500 bond, indicating the sum is too small to be of concern as he continues his criminal real estate fraud as a (sanctioned) officer of the court.
It should be recognized that Newark restricted the proposed TRO when he filed it, and the court approved the restricted document, effectively sealed without a court order by publishing it on the docket in Judge Dawn Rogers court.
Then, the foreclosure mill, this time Miller George & Suggs PLLC, (“MGS”) remove it to federal court, another standard practice which should be outlawed, however, congress refuses to act as there is too much money on the table.
Once it arrives at federal court, Newark will abandon his “client” – as the true identity of which is unknown, despite the declarations/affidavits stating it is Brett Grabner
– and Judge Werlein writes up an opinion which dismisses the case with prejudice for failure to state a claim.
This process started in HCDC on Aug 31, 2023, removed to federal court on Sept. 8, 2023 and without process of service being even issued to Freedom Mortgage Court, let alone served.
The federal case would be dismissed with prejudice on Oct 12, 2023. This expedited dismissal is very new as normally removal to federal court allows for 4 months before the initial conference, as witnessed on the federal court docket, which set the initial conference for Jan. 12, 2024.
However, the court reacted to the premature motion to dismiss filed by MGS 7 short days after removal. That documented, we’ll return to this point at a later time.
2024: JULIE GRABNER; PROPERTY AT RISK; 1918 LAURELL HILL DR, HUMBLE, TX.
202413925 – GRABNER, JULIE vs. FREEDOM MORTGAGE CORP (Court 152, JUDGE ROBERT SCHAFFER)
Causes of Action: Violation of Sec. 51 and Breach of Contract
Legal Representation
For Grabner: Robert Clarence Newark (Sanctioned Texas “Foreclosure Defense” Attorney)
For Freedom: Brad Conway and Dustin George of MGS
Federal Court Assigned: SDTX Judge Andrew Hanen assisted by Magistrate Judge Peter Bray
In the recently removed and active 2024 case by “Plaintiff Julie Grabner”, it should be deemed as a “shotgun pleading” by the court.
Despite attempting to present this case as a separate lawsuit by the spouse, Julie Grabner, the filing by the same legal Bandit, Robbin’ Rob Newark, is a duplicate filing, verbatim. It makes the same claims as Brett’s case and the legal petition is laid out with the same information, just the dates and the Plaintiff’s name has changed.
The state court filing has some concerns.
First, the case should have been returned to Judge Dawn Rogers, Court 334 as it involved the same parties and property from the 2023 lawsuit.
Second, ancillary judge, Lauren Reeder granted the $100 bond, yet in the first case Judge Phillips modified it to $500.
After removal and review of the docket, the Initial Conference set for 6/7/2024 at 10:15 AM by video before Magistrate Judge Peter Bray.
THE NOTICE OF SALE/SUBSTITUTE TRUSTEE
In the first case by Brett Grabner, Newark filed Exhibit A, which provided the notice and detailed the notice was signed on June 21, 2023, set for auction on Sep 5, 2023 as issued by Nestor Solutions LLC, from Santa Ana, CA.
The notice identified BRETT GRABNER and JULIE GRABNER as husband and wife. In short, Newark’s second case splitting the Plaintiffs’ into individual cases, is still a “shotgun pleading”.
Notably, it also provided the sum of the promissory note executed: $174,775.
No such exhibit was filed in the 2024 case by Julie Grabner. What we do know is the first case was dismissed on Oct 12, 2023 and the next auction was set for March 5, 2024.
DISCLAIMER
LIT refers to the homeowners as Brett and Julie Grabner. Their status as current occupants and homeowners is unknown, based on the title deed fraud and foreclosure relief scams Robbin’ Rob Newark is currently involved in. A recent example is the Tim Cox case in Dallas.
THE DISCLAIMER IS MOOT: LIT HAS POSTED ON X THE FACT THE SAME FORECLOSURE SCAM IS APPLICABLE IN THE GRABNER CASES
Let’s summarize just a few of the violations here;
Newarks’ obligations to the court, as an officer of the court
Non-disclosure of facts:
In the first case, he failed to disclose:
Related cases, e.g. HOA Case re Laurel property in HCDC and judgment as filed in real property records
Not clearly identifying this was a non exempt homestead, e.g. an investment property.
Newark cites to the Deed of Trust to make arguments in his frivolous, baseless, fraudulent and deceitful petitions, but fails to apply the terms of the deed regarding the fact the lender has to authorize any agreements which affect the property, including the purported Joint Venture (“JV”) and contract between Kagy, My Fresh Start LLC, and Grabner(s).
Filing a frivolous and sanctionable case on behalf of Julie Grabner when the loan and notice of foreclosure in the first case clearly lists both Brett and Julie Grabner.
Additionally, the lack of due diligence by the state court and ancillary judge; who never questioned the shotgun pleading for the same property and before granting the second case TRO for 5 times less than the first TRO amount is shocking.
Our suspicions have been confirmed. Introducing ZP-1 Investments LLC, aka Roderick Kagy, aka My Fresh Start, LLC (currently a tax forfeited company) and his legal Bandit as counsel, Robbin’ Rob Newark, a sanctioned @statebaroftexas attorney. Their attempts at a “JV” is laughable. pic.twitter.com/PXN7usdm6h
— lawsinusa (@lawsinusa) March 17, 2024
Texas State Law Controls Property Law, Not Federal Erie Guesses. https://t.co/typ9jIPPVb https://t.co/V03OFlK7P6 pic.twitter.com/OTdvRdZ56H
— lawsinusa (@lawsinusa) March 16, 2024
LIT ON X DISCUSSING THIS CASE AND OTHERS IMPACTED BY ERIE
MAR 16, 2024
Doesn’t time fly @LockeLord when talkin’ about cases in NDTX involving the mafia last Friday and today, we’re noticin’ another kind of mafia you’re involved with: The Erie Mafia. See, we’re readin’ CA5’s opinion in FFGGP again, incl. Chief Owen, spouse of @SupremeCourt_TX Chief. pic.twitter.com/BLqxYHxbS5
— lawsinusa (@lawsinusa) March 15, 2024
You see, we couldn’t help but notice your comments in the joint status report in your returning @DeutscheBank case with singin’ Kenny Harter. How many times y’all been in and out of court over this, 4 you say, without mentioning CA5… We’ll refresh everyone’s memory shortly. pic.twitter.com/WAlI4FbQWa
— lawsinusa (@lawsinusa) March 15, 2024
And while we’re on the topic of Erie, there’s another one that appears in every removal by a Bandit foreclosure defense lawyer that irritates y’all, inc. Shelley “PPP Fraud” Hopkins of BDF…
— lawsinusa (@lawsinusa) March 15, 2024
Hopkins writes: “Though the Texas Supreme Court has not spoken to this issue, a majority of the federal Courts to consider the issue have concluded that §51.002 of the Texas Property Code provides no private cause of action.”
She’s not alone as y’all mills cite same in MSJ/MTD. pic.twitter.com/rBbNAnGOYe— lawsinusa (@lawsinusa) March 15, 2024
Maybe, now y’all are on notice can arrange to expedite more Certified Questions for some weekend “pillow talk”. @uscourts It could go together with “random assignments” – another hot topic – who gets who, another weekend game per say. pic.twitter.com/QmPOGB4Hkr
— lawsinusa (@lawsinusa) March 15, 2024
Anyway, enough of the chit-chat, it’s Friday and we’re on a data drive for some very important discussions. LIT’s so glad y’all prematurely filed this report: https://t.co/DZ3WoNwk2q
— lawsinusa (@lawsinusa) March 15, 2024
FFGGP Inc v. Deutsche Bank National Trust Company
(3:24-cv-00470)
District Court, N.D. Texas
MAR 1, 2024 | REPUBLISHED BY LIT: MAR 15, 2024
FEB 5, APR 24, 2024
Above is the date LIT Last updated this article.
WHATCHA GONNA MEDIATE, LAWYER KICKBACKS OR…?
04/17/2024
Designation of Mediator by Deutsche Bank National Trust Company. (Turner, Helen) (Entered: 04/17/2024)
04/22/2024
MEDIATION ORDER.
The court appoints (DEUTSCHE BANK’S CHOICE OF MEDIATOR) King Fifer as mediator. Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate.
Deadline for mediation is on or before 12/13/2024.
(Ordered by Judge Jane J Boyle on 4/22/2024) (cfk) (Entered: 04/22/2024)
Hon. King Fifer
Dallas, Texas
Former Judge King Fifer presided over Dallas County Court at Law No. 2 from January 2007 until January 2018.
He oversaw more than 300 jury trials, some resulting in multi-million dollar verdicts, and more than a thousand bench trials.
He was named Trial Judge of the Year by the Dallas chapter of the American Board of Trial Advocates in 2009 and consistently received high ratings from attorneys appearing in his court.
As judge, King supervised the resolution of disputes arising in the real estate, manufacturing, oil and gas, healthcare, computer technology, construction, retail sales, and insurance industries.
He presided over many trials involving complex business litigation matters, including breach of contract, professional malpractice, fraud, partnership dissolution, violations of fiduciary duties, breach of non-compete covenants, theft of trade secrets, and employment-related issues.
U.S. District Court
Northern District of Texas (Dallas)
CIVIL DOCKET FOR CASE #: 3:24-cv-00470-B
| FFGGP Inc v. Deutsche Bank National Trust Company Assigned to: Judge Jane J Boyle
Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 02/28/2024 Jury Demand: None Nature of Suit: 290 Real Property: All Other Real Property Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 03/18/2024 | 6 | SCHEDULING ORDER: This case is set for trial beginning Monday 5/12/2025 before Judge Jane J Boyle. Joinder of Parties due by 6/7/2024. Amended Pleadings due by 6/7/2024. Motions due by 1/24/2025. Discovery due by 12/13/2024. Deadline for mediation is on or before 12/13/2024. Pretrial Order due by 4/28/2024. Pretrial Materials due by 4/28/2024. Pretrial Conference set for 5/9/2025 10:00 AM before Judge Jane J Boyle. (Ordered by Judge Jane J Boyle on 3/18/2024) (ndt) (Entered: 03/18/2024) |
| 04/10/2024 | 7 | Unopposed MOTION for Leave to File Amended Complaint filed by FFGGP Inc (Attachments: # 1 Proposed Amendment proposed amended complaint, # 2 Proposed Order order granting motion) (Harter, Kenneth) Modified event text on 4/12/2024 (kcr). (Entered: 04/10/2024) |
| 04/11/2024 | 8 | ELECTRONIC ORDER granting 7 Unopposed Motion for Leave to File Amended Complaint. (Unless the document has already been filed, clerk to enter Document 7-1 as of the date of this order.) (Ordered by Judge Jane J Boyle on 4/11/2024) (chmb) (Entered: 04/11/2024) |
| 04/11/2024 | 9 | AMENDED COMPLAINT against Deutsche Bank National Trust Company filed by FFGGP Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information – Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (kcr) (Entered: 04/12/2024) |
| 04/17/2024 | 10 | Designation of Mediator by Deutsche Bank National Trust Company. (Turner, Helen) (Entered: 04/17/2024) |
| 04/22/2024 | 11 | MEDIATION ORDER. The court appoints King Fifer as mediator. Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. Deadline for mediation is on or before 12/13/2024. (Ordered by Judge Jane J Boyle on 4/22/2024) (cfk) (Entered: 04/22/2024) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 04/23/2024 17:56:53 |
U.S. District Court
Northern District of Texas (Dallas)
CIVIL DOCKET FOR CASE #: 3:24-cv-00470-B
| FFGGP Inc v. Deutsche Bank National Trust Company Assigned to: Judge Jane J Boyle
Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 02/28/2024 Jury Demand: None Nature of Suit: 290 Real Property: All Other Real Property Jurisdiction: Diversity |
| Plaintiff | ||
| FFGGP Inc as Trustee |
represented by | Kenneth Stuart Harter Law Offices of Kenneth S Harter 6160 Warren Drive Suite 100 Frisco, TX 75034 972-752-1928 Fax: 214-206-1491 Email: ken@kenharter.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Deutsche Bank National Trust Company as Trustee for Soundview Home Loan Trust 2008-1, Asset-Backed Certificates, Series 2008-1 |
represented by | Helen Onome Turner Locke Lord LLP 600 Travis Street Suite 2800 Houston, TX 77002 713-226-1280 Fax: 713-229-2501 Email: helen.turner@lockelord.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDCynthia K Timms Locke Lord LLP 2200 Ross Ave Suite 2800 Dallas, TX 75201 214-740-8635 Fax: 214-740-8800 Email: ctimms@lockelord.com ATTORNEY TO BE NOTICEDMatthew K Hansen Locke Lord LLP 2200 Ross Avenue, Suite 2800 Dallas, TX 75201 214-740-8496 Fax: 214-756-8496 Email: mkhansen@lockelord.com ATTORNEY TO BE NOTICEDRobert T Mowrey Locke Lord LLP 2200 Ross Avenue, Suite 2800 Dallas, TX 75201-6776 214-740-8000 Fax: 214-740-8800 Email: rmowrey@lockelord.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 02/28/2024 | 1 | NOTICE OF REMOVAL filed by Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2008-1, Asset-Backed Certificates, Series 2008-1. (Filing fee $405; receipt number ATXNDC-14424730) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information – Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G, # 8 Exhibit(s) H, # 9 Exhibit(s) I, # 10 Exhibit(s) J, # 11 Exhibit(s) K, # 12 Exhibit(s) L, # 13 Exhibit(s) M, # 14 Exhibit(s) N, # 15 Exhibit(s) O, # 16 Exhibit(s) P, # 17 Exhibit(s) Q, # 18 Exhibit(s) R, # 19 Exhibit(s) S, # 20 Exhibit(s) T, # 21 Exhibit(s) U) (Turner, Helen) (Entered: 02/28/2024) |
| 02/28/2024 | 2 | CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2008-1, Asset-Backed Certificates, Series 2008-1. (Clerk QC note: No affiliate entered in ECF). (Turner, Helen) (Entered: 02/28/2024) |
| 02/28/2024 | 3 | New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (kcr) (Entered: 02/29/2024) |
| 03/01/2024 | 4 | STATUS REPORT ORDER: Joint Status Report due by 3/22/2024. (Ordered by Judge Jane J Boyle on 3/1/2024) (cfk) (Entered: 03/01/2024) |
| 03/14/2024 | 5 | Joint STATUS REPORT filed by Deutsche Bank National Trust Company. (Turner, Helen) (Entered: 03/14/2024) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 03/15/2024 09:51:33 |
MTGLQ Inv’rs Rehearing Denied.
I am text block. Click edit button to change this text. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.
Before Chief Justice Contreras, Justices Benavides n’ Silva: The opinion on mandamus appeal for Kingman Holdings LLC mirrors the facts in Burke’s case, wherein Deutsche Bank and PHH Mortgage failed to prosecute for 5 years. She is entitled to Quiet Title. https://t.co/bEi2tKoEcP pic.twitter.com/uImhMjzbKC
— lawsinusa (@lawsinusa) March 17, 2024
APPEALS INVOLVING FFGGP
FEB 5, 2024 | REPUBLISHED BY LIT: FEB 5, 2024
Bank of N.Y. Mellon v. FFGGP, Inc., No. 05-20-00384-CV (Tex. App. Mar. 11, 2022)
FFGGP, Inc. v. MTGLQ Inv’rs, 646 S.W.3d 30 (Tex. App. 2022)
Stand Up American Citizens and Reclaim Your Land From the One Percenters and Wall St Banks Who Stole Your Residential Housing Stock and Rent It Back to You at Extortionate Rates #SaturdayMotivation #WeThePeople pic.twitter.com/qrJbcZ87xZ
— lawsinusa (@lawsinusa) March 16, 2024
APPEALS INVOLVING KINGMAN
FEB 5, 2024 | REPUBLISHED BY LIT: FEB 5, 2024
In re Kingman Holdings, LLC, No. 13-21-00217-CV, at *12 (Tex. App. Sep. 22, 2021)
“Kingman should not have to endure the time and expense of continuing to litigate a four-year-old case that is not being diligently prosecuted when the property interests that are the subject matter of the case suffer damage and devaluation through delay.”
Operation Elder Abuse: 22 Years Later It’s Time for Peaceful Possession and Quiet Title to Her Homestead
HSBC Bank U.S. v. Kingman Holdings LLC, No. 02-21-00087-CV (Tex. App. Mar. 24, 2022)
HSBC Wins: Default Judgment set aside.
Kingman Holdings, LLC v. Nationstar Mortg., No. 05-21-00075-CV (Tex. App. June 23, 2022)
Nationstar judgment affirmed on appeal.
U.S. Bank Tr. v. Kingman Holdings, LLC, Civil Action 4:23-cv-597-ALM-KPJ (E.D. Tex. Jan. 18, 2024)
Kingman’s motion to dismiss denied.
“U.S. Bank alleges that DiSanti, the sole member of Kingman Holdings, “utilizes an ethically challenged business plan” to purchase homes at “homeowners’ association foreclosure sales” at a steep discount by purchasing properties subject to a superior lien.
See id. at 3-4.
Once purchased, U.S. Bank alleges that DiSanti sues the superior lienholder “in the name of a trust or corporate entity he controls,” like Kingman Holdings, and executes defective service on the lienholder “to obtain a default judgment discharging [the] superior mortgage lien.”
Id. at 5.
With the superior lien ostensibly discharged, “DiSanti . . . proceeds to sell the property to unwitting individuals for fair market value.”
Id.
Eventually, the lienholder “becomes aware of the defective default judgment and files a lawsuit seeking to unwind DiSanti’s deceitful conduct.” Id.
U.S. Bank further alleges that “DiSanti has been engaging in this scheme . . . since 2009” and, as a result, “title companies refused to insure title to the properties DiSanti was associated with.”
Id.
“To conceal his association from these transactions, DiSanti started purchasing properties in the name of various corporate entities he would set up,” such as Kingman Holdings. Id. at 5-6. U.S. Bank alleges that the title companies discovered this scheme, too, forcing DiSanti to use land trusts to “obscure his ownership.”
Id. at 6.
In addition, DiSanti allegedly uses “strawmen,” such as Blanchard, “to further conceal the nature of his scheme.”
Id.
According to U.S. Bank, Blanchard “is aware of DiSanti’s business scheme(s) and frequently assists DiSanti in flipping title to property through various entities, and also assists DiSanti in marketing property for sale to unwitting third parties.”
Id.
In the present case, U.S. Bank alleges that Kingman Holdings, operating under the control of DiSanti, “purchased the Property at [a homeowners association] sale on behalf of a purported land trust.”
Id.
Recognizing that the senior lienholder, U.S. Bank, was an Ohio company, DiSanti replaced the Property’s trustee, Kingman Holdings, with Ohio Gravy Biscuit (“Gravy Biscuit”), an Ohio company, thereby “destroying diversity of citizenship and preventing [U.S. Bank] from litigating over the Property in federal court.”
See id.
U.S. Bank further alleges that DiSanti, “acting through . . . Gravy Biscuit as his alter ego,” filed suit in state court and obtained a default judgment purportedly discharging the first and second position liens on the Property.
See id. at 7.
The lawsuit named U.S. Bank as the holder of the second position lien but did not name U.S. Bank as the holder of the first position lien. See Id. According to U.S. Bank, discharging its first position lien “without notice or service” is violative of “the most rudimentary demands of due process of law.”
Id. (internal quotation marks omitted).
As U.S. Bank “was not joined in the suit,” it contends that it may “collaterally attack the judgment to protect its interest in the property.”
Id. at 8 (emphasis omitted).
In addition, U.S. Bank alleges that “Blanchard assisted in the transfer of title by executing, and having recorded, title documents purportedly conveying the Property through sham entities.”
Id.
Blanchard was also “involved in the marketing and sale of the Property to [the Lal Defendants], concealing facts from [them] and the title company that Blanchard should have disclosed.””
MARK AND SHELLEY HOPKINS RAT OUT FRIENDS OF THE COURT IN US GOVERNMENT PLEA DEAL
Here’s another reason LIT picked FFGGP, aka Kingman, aka Ohio Biscuit Gravy for this live-stream on X today: LIT previously highlighted the fraud by lawyer Ken Harter’s client in published articles. pic.twitter.com/q5Sb0WaWki— lawsinusa (@lawsinusa) March 17, 2024
U.S. Bank Trust National Association v. Kingman Holdings, LLC
(4:23-cv-00597)
District Court, E.D. Texas
FEB 5, 2024 | REPUBLISHED BY LIT: FEB 5, 2024
LIT PUBLISHED THIS ARTICLE ON OCT 22, 2022
BDF Hopkins Enter Federal Court Complainin’ About More Real Scumbags, Biscuits n’ Love Birds
LIT PUBLISHED THIS ARTICLE ON JAN. 19, 2022
Here’s Some Really Unsavory Characters All Together in Texas Federal Court
U.S. District Court
Eastern District of TEXAS [LIVE] (Sherman)
CIVIL DOCKET FOR CASE #: 4:23-cv-00597-ALM-KPJ
| U.S. Bank Trust National Association v. Kingman Holdings, LLC et al Assigned to: District Judge Amos L. Mazzant, III Referred to: Magistrate Judge Kimberly C Priest Johnson Cause: 28:1332 Diversity-Fraud |
Date Filed: 06/26/2023 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Plaintiff | ||
| U. S. Bank Trust National Association as Trustee for RASC 2006-EMX5 |
represented by | Mark Daniel Hopkins Hopkins LAW, PLLC 2802 Flintrock Trace Suite B103 Austin, TX 78738 512-600-4320 Email: mark@hopkinslawtexas.com ATTORNEY TO BE NOTICEDRobert Davis Forster , II Barrett Daffin Frappier Turner & Engel, LLP – Addison 15000 Surveyor Blvd, Suite 100 Addison, TX 75001 972-340-7948 Fax: 972-341-0734 Email: robertfo@bdfgroup.com ATTORNEY TO BE NOTICEDShelley Luan Hopkins Hopkins Law, PLLC 2802 Flintrock Trace Suite B103 Austin, TX 78738 512-600-4323 Email: shelley@hopkinslawtexas.com ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Kingman Holdings, LLC individually and as Trustee for the Love Bird 218 Land Trust |
represented by | Kenneth Stuart Harter Law Office of Kenneth S. Harter – Fort Worth 5080 Spectrum Drive Suite 1000-E Addison, TX 75001 972-752-1928 Fax: 214-206-1491 Email: ken@kenharter.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| Mark DiSanti | represented by | Kenneth Stuart Harter (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| Ted Blanchard | represented by | Scott Andrew Powell Law Office of Scott A. Powell 13355 Noel Road Suite 1100 Dallas, TX 75240 214-260-3515 Fax: 214-540-1124 Email: scottpowellesq@gmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| Yasir Lal | represented by | Michael Elliot Keller The Keller Firm TX 5440 Harvest Hill Road Suite 233 Dallas, TX 75230 214-775-0817 Email: mike@kellerfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| Mahwish Lal | represented by | Michael Elliot Keller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| UIF Corporation | represented by | Michael Elliot Keller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/26/2023 | 1 | COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ATXEDC-9570434.), filed by U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE, FOR RASC 2006-EMX5. (Attachments: # 1 Civil Cover Sheet)(Hopkins, Shelley) (Entered: 06/26/2023) |
| 06/27/2023 | 2 | ORDER OF REFERRAL. Pursuant to 28 U.S.C. §636 and the Local Rules of this Court for the Assignment of Matters to Magistrate Judges, the Court hereby REFERS the above-referenced case to the Hon. Kimberly C. Priest Johnson for all pretrial proceedings. Signed by District Judge Amos L. Mazzant, III on 6/27/2023. (baf, ) (Entered: 06/27/2023) |
| 06/28/2023 | 3 | SUMMONS Issued as to Ted Blanchard. (baf, ) (Entered: 06/28/2023) |
| 06/29/2023 | 4 | SUMMONS Issued as to Mark DiSanti. (baf, ) (Entered: 06/29/2023) |
| 06/29/2023 | 5 | SUMMONS Issued as to Kingman Holdings, LLC. (baf, ) (Entered: 06/29/2023) |
| 06/29/2023 | 6 | SUMMONS Issued as to Mahwish Lal. (baf, ) (Entered: 06/29/2023) |
| 06/29/2023 | 7 | SUMMONS Issued as to Yasir Lal. (baf, ) (Entered: 06/29/2023) |
| 07/29/2023 | 8 | MOTION to Dismiss for Lack of Jurisdiction by Kingman Holdings, LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Proposed Order)(Harter, Kenneth) (Entered: 07/29/2023) |
| 08/09/2023 | 9 | MOTION for Joinder to Dismiss or Abate by Mahwish Lal, Yasir Lal. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Proposed Order)(Keller, Michael) (Attachment 6 replaced on 8/10/2023) (baf, ). (Entered: 08/09/2023) |
| 08/09/2023 | 10 | ANSWER to 1 Complaint by Mahwish Lal, Yasir Lal.(Keller, Michael) (Entered: 08/09/2023) |
| 08/11/2023 | 11 | RESPONSE in Opposition re 8 MOTION to Dismiss for Lack of Jurisdiction , 9 MOTION for Joinder to Dismiss or Abate filed by U. S. Bank Trust National Association. (Hopkins, Shelley) (Entered: 08/11/2023) |
| 08/15/2023 | 12 | REPLY to Response to Motion re 8 MOTION to Dismiss for Lack of Jurisdiction filed by Kingman Holdings, LLC. (Attachments: # 1 Exhibit)(Harter, Kenneth) (Entered: 08/15/2023) |
| 08/23/2023 | 13 | MOTION to Intervene by UIF Corporation. (Attachments: # 1 Answer in Intervention, # 2 Proposed Order)(Keller, Michael) (Entered: 08/23/2023) |
| 09/26/2023 | 14 | Fed. R. Civ. P. 7.1(a)(1) AND (2) Disclosure Statement filed by U. S. Bank Trust National Association identifying Corporate Parent U.S. Bancorp for U. S. Bank Trust National Association. (Hopkins, Shelley) (Entered: 09/26/2023) |
| 10/17/2023 | 15 | SUMMONS Returned Executed by U. S. Bank Trust National Association. Ted Blanchard served on 9/29/2023. (Hopkins, Shelley) (Entered: 10/17/2023) |
| 10/23/2023 | 16 | ANSWER to 1 Complaint by Ted Blanchard.(Powell, Scott) (Entered: 10/23/2023) |
| 11/01/2023 | 17 | MOTION to Dismiss by Mark DiSanti. (Harter, Kenneth) (Additional attachment(s) added on 11/8/2023: # 1 Proposed Order) (baf, ). (Entered: 11/01/2023) |
| 11/15/2023 | 18 | RESPONSE in Opposition re 17 MOTION to Dismiss filed by U. S. Bank Trust National Association. (Hopkins, Shelley) (Entered: 11/15/2023) |
| 01/17/2024 | 19 | ORDER. IT IS ORDERED that U.S. Bank shall file a response, if any, to the Motion to Intervene (Dkt. 13) no later than fourteen (14) days after receipt of this Order. Signed by Magistrate Judge Roy S. Payne on 1/17/2024. (baf, ) (Entered: 01/17/2024) |
| 01/18/2024 | 20 | REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. The Court recommends the Motion to Dismiss (Dkt. 8 ) be DENIED. Signed by Magistrate Judge Kimberly C Priest Johnson on 1/18/2024. (jmb, ) (Entered: 01/19/2024) |
| 01/31/2024 | 21 | RESPONSE in Opposition re 13 MOTION to Intervene filed by U. S. Bank Trust National Association. (Hopkins, Shelley) (Entered: 01/31/2024) |
| 02/05/2024 | 22 |
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. It is ORDERED that the Motion to Dismiss (Dkt # 8 ) is DENIED. Signed by District Judge Amos L. Mazzant, III on 02/05/2024. (las, ) (Entered: 02/05/2024) |
| 02/07/2024 | 23 | REPLY to Response to Motion re 13 MOTION to Intervene filed by UIF Corporation. (Keller, Michael) (Entered: 02/07/2024) |
| 02/09/2024 | 24 | SUR-REPLY to Reply to Response to Motion re 13 MOTION to Intervene filed by U. S. Bank Trust National Association. (Hopkins, Shelley) (Entered: 02/09/2024) |
| 02/22/2024 | 25 | MOTION to Dismiss for failure to state a claim by Mark DiSanti, Kingman Holdings, LLC. (Attachments: # 1 Proposed Order)(Harter, Kenneth) (Entered: 02/22/2024) |
| 02/26/2024 | 26 |
ORDER granting 13 Motion to Intervene. Signed by Magistrate Judge Kimberly C Priest Johnson on 2/26/24. (Cleland, Luke) (Entered: 02/26/2024) |
| 03/05/2024 | 27 | ANSWER to 1 Complaint by UIF Corporation.(Keller, Michael) (Entered: 03/05/2024) |
| 03/07/2024 | 28 | UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 25 MOTION to Dismiss for failure to state a claim by U. S. Bank Trust National Association. (Attachments: # 1 Proposed Order)(Hopkins, Shelley) (Attachment 1 replaced on 3/7/2024) (baf, ). (Entered: 03/07/2024) |
| 03/07/2024 | 29 | ORDER granting 28 UNOPPOSED MOTION for Extension of Time to File Response as to 25 MOTION to Dismiss for failure to state a claim . Responses due by 3/14/2024. Signed by Magistrate Judge Kimberly C Priest Johnson on 3/7/2024. (baf, ) (Entered: 03/07/2024) |
| 03/14/2024 | 30 | RESPONSE in Opposition re 25 MOTION to Dismiss for failure to state a claim filed by U. S. Bank Trust National Association. (Hopkins, Shelley) (Entered: 03/14/2024) |
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