TEXAS COURTS ARE NOT APPLYING THE LAW EQUALLY
“The equal protection clause of the Texas Constitution requires that
“all persons similarly situated should be treated alike.”
The Texas Constitution does not require that all classes of persons be treated the same.
Rather, it requires that the law “operate equally and uniformly upon all persons in similar circumstances.”
A plaintiff asserting an equal protection claim must establish that she “was treated differently than other similarly-situated parties.””
– Kohout v. City of Fort Worth, 292 S.W.3d 703, 711 (Tex. App. 2009)
See; Mosely v. Newrez Mortg., Civil Action 4:21-CV-396 (S.D. Tex. May 4, 2022); a total of 118 days.
In Mosely’s state foreclosure case, removal was initiated by Newrez (Shellpoint Mortgage Servicing) on Feb. 2, 2022 and it would be remanded on May 31, 2022.
Critically, at no time was injunctive relief present or requested during the months it was on the new federal case docket.
Upon remand, and despite an amended petition seeking injunctive relief as filed on August 8, 2022, no hearing has ever been held and no injunction issued. Furthermore, there is no joint agreement between counsel or their clients on the docket at the state court level in these proceedings.
Indeed, no TRO or injunction has ever been issued since inception of this state court case, which was filed on Jan. 20, 2021.
See; 202103881 – MOSELY, CHARLES vs. NEWREZ MORTGAGE LLC (D/B/A SHELLPOINT MORTGAGE SERVICING) (Court 215, Judge Elaine H. Palmer presiding).
In short, in the absence of a Temporary Injunction no foreclosure has occurred as at the date of this filing, and the last docket entry affirms a trial date of May 6, 2024 or thereabouts.
This is not all. The prior stop foreclosure proceedings commenced by pro se Charles Ray Mosely in Harris County District Court on December 28, 2016 mimics’ his current case; there was never a TRO or injunction in this proceeding either.
See; 201688212 – MOSELY, CHARLES vs. SHELLPOINT MORTGAGE SERVICING (Court 125, Judge Kyle Carter presiding).
That case ended after Mosely non-suited (without prejudice) on Jan. 24, 2018, notably just after the trial docket was set in those proceedings.
These facts completely contradict Appellees arguments in Texas that they can perform a non-judicial foreclosure in the absence of a temporary restraining order or injunction,
202103881 –
MOSELY, CHARLES vs. NEWREZ MORTGAGE LLC (D/B/A SHELLPOINT MORTGAGE SERVICING)
(Court 215, JUDGE ELAINE PALMER)
JAN 20, 2021 | REPUBLISHED BY LIT: MAR 19, 2024
MAR 19, APR 23 29, MAY 18, 2024
MAY 6 TRIAL NEVER HAPPENED, “RESET”.
JUN 28, GRAVELY DELAYED TRIAL RESET ORDER ISSUED
AUG 19, 2024 UPDATE:
AKERMAN WOKE UP AND SO DID THE COURT
Above is the date LIT Last updated this article.
Amended Affidavit in Support of Plaintiff’s Motion to Vacate Motion for Summary Judgment
07/15/2024
ORDER SIGNED GRANTING ENTRY OF JUDGMENT
07/15/2024
PLAINTIFF COSTS
Defendant Newrez LLC d/b/a Shellpoint Mortgage Servicing (Shellpoint) requests the court enter a final judgment in the above-captioned matter.
BACKGROUND
1. Charles Mosely initiated this lawsuit pro se on January 20, 2021.
He asserted, in his most recent petition, one count for declaratory relief against Shellpoint and co-defendant Selene Finance.
Shellpoint appeared in this lawsuit effective February 5, 2021, but Selene did not, and Mr. Mosely did not apparently make any concerted effort to serve the latter.
2. Shellpoint moved for summary judgment against Mr. Mosely on all claims he asserted against it on January 27, 2023. [2 YEARS LATER]
The court set the motion for hearing by submission on February 20, 2023.
When Mr. Mosely failed to file a response by the hearing date, the court granted Shellpoint summary judgment, leaving Selene as the only active defendant.
3. After the court granted summary judgment, Mr. Mosely filed motions to “strike defendant’s summary – judgment evidence” and “motion for leave to file amended pleading[.]”
However, he did not apparently set either for hearing.
Nor did he serve Selene Finance, who remained an active defendant but with no obligation to answer or appear.
4. The case reached trial on March 27, 2023, January 3, 2024, and May 6, 2024, but with no service on Selene, summary judgment for Shellpoint, and no request by Mr. Mosely for the court to hear his pending motions, the court could only reset the trial date each time. [No. Shellpoint could have stepped up or the court].
Finally, on May 1, 2024, Mr. Mosely non-suited defendant Selene Finance, leaving no further defendants.
A few weeks later, Mr. Mosely sued Selene Finance and another defendant in a separate action before this court.
See Charles Mosely v. RCF 2 Acq. Tr., No. 202433605 (165th Dist. Ct., Harris County, Tex. May 28, 2024).
ARGUMENTS & AUTHORITIES
5. Any party may prepare and submit a proposed judgment to the court for signature. R. 305.
“The judgment shall conform to the pleadings, the nature of the case proved, and the verdict, if any, and shall be so framed as to give the party all the relief to which he may be entitled either in law or equity.” R. 301.
6. In this case, the court issued summary judgment in favor of Shellpoint on all claims, ordering Mr. Mosely take nothing and taxing costs against him.
Mr. Mosely since nonsuited his remaining claims, concluding this action.
However, the court must enter a judgment to trigger any deadline to appeal and finally end this matter.
Tex. R. App. P. 26.1.
7. Shellpoint understands Mr. Mosely filed additional motions seeking relief over a year ago, but has not secured rulings on them.
Without securing a ruling, those motions do not prevent appeal or entry of the court’s judgment.
In re T.D.N., No. 14-07-00387-CV, 2008 WL 2574055, at *1 (Tex. App.—Houston [14th Dist.] June 26, 2008, no pet.); In re Guillory, No. 9- 14-00141-CR, 2014 WL 1514328, at *1 (Tex. App.—Beaumont April 16, 2014, no pet.); In re Banks, No. 9-20-00157-CR, 2020 WL 4006121, at *1 (Tex. App.—Beaumont July 15, 2020).
The case is ripe for the court to enter a final judgment.
PRAYER
8. Shellpoint requests the court enter the attached proposed judgment and award it such other relief as it is justly entitled.
Dated: June 24, 2024 Respectfully submitted,
/s/ Melanie Morgan
Melanie Morgan,
SBN: 24039096
Attorney in Charge
R. Martin Dungan,
SBN: 24099021
AKERMAN LLP
2001 Ross Avenue, Suite 3600
Dallas, Texas 75201
Telephone: 214.720.4300
Facsimile: 214.981.9339
melanie.morgan@akerman.com
martin.dungan@akerman.com
ATTORNEYS FOR DEFENDANT
CERTIFICATE OF SERVICE
A true and correct copy of this document was served on June 24, 2024 as follows:
Via Regular U.S. Mail And Certified Mail / RRR
NO. 9414 7266 9904 2186 4887 45
Charles Mosely
3005 Nita Street
Houston, Texas 77051
Pro Se
/s/ Melanie Morgan
Melanie Morgan
ORDER SIGNED RESETTING TRIAL to JANUARY 13, 2025
This second case enters it’s eighth year in Harris County District Court without a non-judicial foreclosure occurring nor any injunctions to prevent foreclosure.
ORDER SIGNED RESETTING TRIAL 02/01/2024
DCA Generic Letter 03/20/2024
Update Apr. 30, 2024
The docket call hearing set for Apr. 29 has now been reset to May 6, 2024.
Still no injunctive relief on the record. A review of May foreclosures does not yield any results for Mosely.
Mosely v. NewRez Mortgage LLCCase remanded to the 215th District Court of Harris County, Texas.
(4:21-cv-00396)
District Court, S.D. Texas, Judge Charles Eskridge
FEB 5, 2021 | REPUBLISHED BY LIT: MAR 18, 2024
MAR 19, 2024
Above is the date LIT Last updated this article.
The Harris County District Court case was successfully remanded by the pro se litigant from SDTX federal court upon removal by the foreclosure mill.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:21-cv-00396
| Mosely v. NewRez Mortgage LLCCase remanded to the 215th District Court of Harris County, Texas. Assigned to: Judge Charles Eskridge Referred to: Magistrate Judge Sam S Sheldon
Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 02/05/2021 Date Terminated: 05/31/2022 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Charles Mosely | represented by | Charles Mosely 3005 Nita Street Houston, TX 77051 830-522-5836 PRO SE |
| V. | ||
| Defendant | ||
| NewRez Mortgage LLC doing business as Shellpoint Mortgage Servicing |
represented by | Alfredo Ramos Hinshaw & Culbertson LLP 5151 San Felipe, Suite 1380 Houston, TX 77056 346-553-4512 Fax: 346-202-0186 Email: framos@hinshawlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDC Charles Townsend Hinshaw & Culbertson LLP 1717 Main St Ste 3625 Dallas, TX 75201 945-229-6370 Fax: 312-704-3001 Email: ctownsend@hinshawlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDWalter Lewis Edmond McInnis Akerman LLP 2001 Ross Ave Suite 3600 Dallas, TX 75201 214-720-4300 Email: wmcinnis@hinshawlaw.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 02/05/2021 | 1 | NOTICE OF REMOVAL from 215 District Court; Harris County, case number 202103881 (Filing fee $ 402 receipt number 0541-25928062) filed by NewRez Mortgage LLC. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1 – Plaintiff’s petition, # 3 Exhibit 2 – Shellpoint’s answer, # 4 Exhibit 3 – State court docket sheet, # 5 Exhibit 4 – Civil cover sheet, # 6 Exhibit 5 – List of attorneys, # 7 Exhibit 6 – Declaration of Walter McInnis)(McInnis, Walter) (Entered: 02/05/2021) |
| 02/08/2021 | 2 | CORPORATE DISCLOSURE STATEMENT by NewRez Mortgage LLC, filed.(McInnis, Walter) (Entered: 02/08/2021) |
| 02/24/2021 | 3 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 3/31/2021 at 10:00 AM in by video before Magistrate Judge Sam S Sheldon. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalezadi, 4) (Entered: 02/24/2021) |
| 02/25/2021 | 4 | SCHEDULING and DOCKET CONTROL ORDER. Amended Pleadings due by 06/02/2021. Joinder of Parties due by 04/30/2021. Plaintiff Expert Report due by 11/30/2021. Deft Expert Report due by 01/05/2021. Discovery due by 03/23/2022. Mediation due by 05/10/2022. Dispositive Motion Filing due by 03/25/2022. Non-Dispositive Motion Filing due by 03/25/2022. Joint Pretrial Order due by 06/09/2022. Docket Call set for 07/18/2022 at 9:30 AM before Judge Charles Eskridge. (Signed by Judge Charles Eskridge) Parties notified. (jengonzalezadi) (Entered: 2/25/2021) (Entered: 02/25/2021) |
| 02/25/2021 | 5 | ORDER REFERRING CASE to Magistrate Judge Sam S Sheldon. The parties are ordered to advise within twenty days of the entry of this order whether they will consent to the jurisdiction of Magistrate Judge Sheldon for all purposes in this case pursuant to 28 USC 636(c).(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 02/25/2021) |
| 02/26/2021 | 6 | CERTIFICATE OF SERVICE IN A REMOVED ACTION by NewRez Mortgage LLC, filed.(McInnis, Walter) (Entered: 02/26/2021) |
| 03/03/2021 | 7 | MOTION to Dismiss Motions referred to Sam S Sheldon. by NewRez Mortgage LLC, filed. Motion Docket Date 3/24/2021. (Attachments: # 1 Proposed Order)(McInnis, Walter) (Entered: 03/03/2021) |
| 03/10/2021 | 8 | Opposed JOINT DISCOVERY/CASE MANAGEMENT PLAN by NewRez Mortgage LLC, filed.(McInnis, Walter) (Entered: 03/10/2021) |
| 03/30/2021 | 9 | MOTION and Notice for Leave to file Amended ComplaintMotions referred to Sam S Sheldon. by Charles Mosely, filed. Motion Docket Date 4/20/2021. (rcastro, 4) (Entered: 03/30/2021) |
| 04/02/2021 | 10 | MINUTE ENTRY ORDER: The Court held the Initial Conference on March 31, 2021. The Court GRANTED 9 Plaintiffs motion to amend and ORDERED Plaintiff to file his amended complaint by April 9, 2021. The Court, sua sponte, STAYED the case until it rules on Defendants new motion to dismiss. Defendant will file a motion to withdraw as moot 7 its current motion to dismiss and will refile a new motion after Plaintiff files his amended complaint. Appearances: Charles Mosley, pro se, Walter Lewis Edmond McInnis. Ct Reporter: Kathy Miller. Digital Number: 10:09-10:13AM.(Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4) (Entered: 04/02/2021) |
| 04/09/2021 | 11 | PLAINTIFF’S 1ST AMENDED MOTION. Motions referred to Sam S Sheldon by Charles Mosely, filed. Motion Docket Date 4/30/2021. (scastillo, 1) (Entered: 04/09/2021) |
| 04/20/2021 | 12 | MOTION to Dismiss Motions referred to Sam S Sheldon. by NewRez Mortgage LLC, filed. Motion Docket Date 5/11/2021. (Attachments: # 1 Proposed Order)(McInnis, Walter) (Entered: 04/20/2021) |
| 04/22/2021 | 13 | MOTION to Withdraw 7 MOTION to Dismiss Motions referred to Sam S Sheldon. by NewRez Mortgage LLC, filed. Motion Docket Date 5/13/2021. (Attachments: # 1 Proposed Order)(McInnis, Walter) (Entered: 04/22/2021) |
| 04/26/2021 | 14 | ORDER: Defendant, 13 NewRezs Motion to Withdraw Dkt No. 7 is GRANTED. (Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4) (Entered: 04/26/2021) |
| 09/15/2021 | 15 | ORDER: On April 20, 2021, Defendant filed a motion to dismiss the amended complaint (Dkt. No. 12). Plaintiff has failed to file a response. Plaintiff is ORDERED to respond to the motion by no later than October 1, 2021. (Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4) (Entered: 09/15/2021) |
| 10/01/2021 | 16 | RESPONSE in Opposition to 12 MOTION to Dismiss , filed by Charles Mosely. (RachelSalazar, 4) (Entered: 10/01/2021) |
| 11/11/2021 | 17 | Unopposed MOTION for Christina House to Withdraw as AttorneyMotions referred to Sam S Sheldon. by Shellpoint Partners LLC, filed. Motion Docket Date 12/2/2021. (Attachments: # 1 Proposed Order Order)(McInnis, Walter) (Entered: 11/11/2021) |
| 11/15/2021 | 18 | ORDER granting 17 Motion to Withdraw as Attorney.(Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4) (Entered: 11/15/2021) |
| 11/29/2021 | 19 | MOTION to Strike Motions referred to Sam S Sheldon. by Charles Mosely, filed. Motion Docket Date 12/20/2021. (BrandisIsom, 4) (Entered: 11/29/2021) |
| 12/29/2021 | 20 | ORDER: The Court DENIES WITHOUT PREJUDICE Defendants Motion to Dismiss and Plaintiffs Motion to Strike (Dkt. Nos. 12, 19) and ORDERS the parties to submit supplemental briefing on jurisdiction as outlined above..(Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4) (Entered: 12/29/2021) |
| 01/14/2022 | 21 | Supplemental BRIEF Supplemental Regarding the Amount in Controversy re: 20 Order on Motion to Dismiss,, Order on Motion to Strike, by Shellpoint Partners LLC, filed.(Ramos, Alfredo) (Entered: 01/14/2022) |
| 01/28/2022 | 22 | MOTION to RemandMotions referred to Sam S Sheldon. by Charles Mosely, filed. Motion Docket Date 2/18/2022. (Attachments: # 1 Proposed Order)(ShoshanaArnow, 4) (Entered: 01/28/2022) |
| 02/01/2022 | 23 | MEMORANDUM in Support re: 22 MOTION to Remand by Charles Mosely, filed.(ShoshanaArnow, 4) (Entered: 02/02/2022) |
| 02/04/2022 | 24 | First Amended MEMORANDUM re: 23 Memorandum by Charles Mosely, filed.(ckrus, 4) (Entered: 02/07/2022) |
| 02/10/2022 | 25 | REPLY Supporting its Supplemental Brief, filed by NewRez Mortgage LLC. (McInnis, Walter) (Entered: 02/10/2022) |
| 03/04/2022 | 26 | MOTION to Strike and objections to evidence submitted in support of defendant Shellpoint’s removal notice Motions referred to Sam S Sheldon. by Charles Mosely, filed. Motion Docket Date 3/25/2022. (ckrus, 4) (Entered: 03/04/2022) |
| 03/17/2022 | 27 | RESPONSE to Shellpoint’s Reply supporting its Supplemental 21 Brief, filed by Charles Mosely. (jdav, 4) (Entered: 03/17/2022) |
| 05/04/2022 | 28 | MEMORANDUM AND RECOMMENDATION re 26 MOTION to Strike, 22 MOTION to Remand Objections to M&R due by 5/18/2022(Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4) (Entered: 05/04/2022) |
| 05/31/2022 | 29 |
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 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) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 03/18/2024 01:40:03 |
201688212 –
MOSELY, CHARLES vs. SHELLPOINT MORTGAGE SERVICING
(Court 125, JUDGE KYLE CARTER)
DEC 28, 2016 | REPUBLISHED BY LIT: MAR 19, 2024
MAR 19, 2024
Above is the date LIT Last updated this article.
Coming up on LIT: Shocking facts and case studies on the current criminal activity endorsed by the US Gov for implementation by Federal Judges and Wall Street’s Creditor Rights lawyers. Truth that will shake American homeowners to the core. Stay tuned. #TruthRevealed #USJustice pic.twitter.com/3TBxGtLIgm
— lawsinusa (@lawsinusa) February 9, 2024
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