Akerman

Pro Se Charles Mosely Has Never Been Foreclosed and Never Had a TRO or Injunction in Harris County

Do you require a TRO or injunction to prevent foreclosure in Texas? No. LIT has hundreds if not thousands of cases where no injunction needed

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, 2024

Above is the date LIT Last updated this article.

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.

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

Case in other court:  215th District Court; Harris County, 202103881

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.

Operation Elder Abuse: PHH Mortgage Corporation and Deutsche Bank Judge Shopping Continues

Forum Shopping aka Judge Shopping is a disease in Texas courts says Congress, demanding this form of case assignment be outlawed.

The Greatest Housing Theft: PHH Ocwen Seek Shareholder Approval to Ditch Nazi Persona

As Ocwen Financial rebrands, it faces heavy criticism for its role in the most egregious abuses of home ownership rights in American history.

Meet Bankrupt Lori Kimbro of Houston, Texas: A Senior Mortgage Loan Originator in Foreclosure

5417 Navarro St Houston TX 77056: Lori’s been represented by Lane Law Firm, Jeff Jackson and the latest case by Jason Lebeouf.

Pro Se Charles Mosely Has Never Been Foreclosed and Never Had a TRO or Injunction in Harris County
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

To Top