Wendell v. Mortgage Assets Management, LLC c/o PHH Mortgage Corporation
(5:22-cv-00628)
District Court, W.D. Texas
JUN 16, 2022 | REPUBLISHED BY LIT: JUN 18, 2022
Property: 4718 Lyceum Dr, San Antonio, TX 78229
Wendell’s lawyers will need to see if the 5th Circuits published opinion in the Deutsche Bank case this week applies, as rogue foreclosure mills say that the home value can be used rather than the amount sued or owed.
What can you buy in Texas for less than $75k apart from a tiny home or a container home?
This absurd removal law needs updated, quickly by Congress.
Case dismissed with prejudice as to never being allowed to be removed to federal court ever again.
U.S. District Court [LIVE]
Western District of Texas (San Antonio)
CIVIL DOCKET FOR CASE #: 5:22-cv-00628-XR
| Wendell et al v. Mortgage Assets Management, LLC c/o PHH Mortgage Corporation, Assigned to: Judge Xavier Rodriguez
Cause: 28:1441 Petition for Removal – Foreclosure |
Date Filed: 06/16/2022 Date Terminated: 10/18/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 10/04/2022 | 13 | ADR Report Filed – (Joint), by Mortgage Assets Management, LLC c/o PHH Mortgage Corporation,(Frame, Nicholas) (Entered: 10/04/2022) |
| 10/18/2022 | 14 | STIPULATION of Dismissal (Joint), by Mortgage Assets Management, LLC c/o PHH Mortgage Corporation,. (Attachments: # 1 Proposed Order)(Frame, Nicholas) (Entered: 10/18/2022) |
| 10/19/2022 | 15 | ORDER OF DISMISSAL WITH PREJUDICE re 14 Stipulation of Dismissal filed by Mortgage Assets Management, LLC c/o PHH Mortgage Corporation,. Signed by Judge Xavier Rodriguez. (wg) (Entered: 10/19/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 10/20/2022 04:54:12 |
ADR Report -Other
ORDER SETTING STATUS CONFERENCE AND HEARING ON ALL PENDING MOTIONS, ( Status Conference set for 10/20/2022 10:30 AM before Judge Xavier Rodriguez,). Signed by Judge Xavier Rodriguez. (wg) (Entered: 09/08/2022)
U.S. District Court [LIVE]
Western District of Texas (San Antonio)
CIVIL DOCKET FOR CASE #: 5:22-cv-00628-XR
Create an Alert for This Case on RECAP
| Wendell et al v. Mortgage Assets Management, LLC c/o PHH Mortgage Corporation, Assigned to: Judge Xavier Rodriguez
Cause: 28:1441 Petition for Removal – Foreclosure |
Date Filed: 06/16/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Louis Wendell | represented by | Ramon S. Rodriguez , Jr. Rodriguez & Garza, PLLC 247 W. Olmos Dr., Suite 200 San Antonio, TX 78212 (210) 281-0248 Fax: 210-549-2556 Email: rsrjr04@hotmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| Melvin Wendell | represented by | Ramon S. Rodriguez , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Mortgage Assets Management, LLC c/o PHH Mortgage Corporation, | represented by | Nicholas Michael Frame Mackie Wolf Zientz & Mann P.C. 14160 N. Dallas Parkway, Suite 900 Dallas, TX 75254 (214) 635-2650 Fax: (214) 635-2686 Email: nframe@mwzmlaw.com ATTORNEY TO BE NOTICEDMark Douglas Cronenwett Mackie Wolf Zientz & Mann, P.C. 14160 N. Dallas Parkway, Suite 900 Dallas, TX 75254 214-635-2650 Fax: 214-635-2686 Email: mcronenwett@mwzmlaw.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 08/01/2022 | 5 |
ORDER TO SHOW CAUSE as to Mortgage Assets Management, LLC c/o PHH Mortgage Corporation, Show Cause Response due by 8/15/2022, Defendants are hereby ORDERED to file a certified copy of all state court pleadings, including any answer or response to Plaintiffs petition, no later than August 15, 2022. Signed by Judge Xavier Rodriguez. (rg) (Entered: 08/01/2022) |
| 08/02/2022 | 6 | SUPPLEMENT to 1 Notice of Removal, (Supplement Exhibits to Notice of Removal), by Mortgage Assets Management, LLC c/o PHH Mortgage Corporation,. (Frame, Nicholas) (Entered: 08/02/2022) |
| 08/02/2022 | 7 | ORDER AND ADVISORY–So that this Court may more efficiently manage its docket, the parties are hereby ORDERED to notify the Court whether or not they consent, under 28 U.S.C. § 636(c), to 2 Magistrate Judge jurisdiction. Therefore, no later than September 2, 2022, each party shall signthe appropriate election form, indicating whether or not they consent to Magistrate Judge jurisdiction, to be filed with the Clerk’s Office (see attached).. Signed by Judge Xavier Rodriguez. (mgr) (Entered: 08/03/2022) |
| 09/06/2022 | 8 | Rule 26(f) Discovery Report/Case Management Plan by Mortgage Assets Management, LLC c/o PHH Mortgage Corporation,. (Frame, Nicholas) (Entered: 09/06/2022) |
| 09/06/2022 | 9 | Scheduling Recommendations (Agreed), by Mortgage Assets Management, LLC c/o PHH Mortgage Corporation,. (Frame, Nicholas) (Entered: 09/06/2022) |
| 09/06/2022 | 10 | NON-CONSENT to Trial by US Magistrate Judge by Mortgage Assets Management, LLC c/o PHH Mortgage Corporation,. (Frame, Nicholas) (Entered: 09/06/2022) |
| 09/07/2022 | 11 | SCHEDULING ORDER, ( Amended Pleadings due by 10/3/2022,, Discovery due by 1/30/2023,, Joinder of Parties due by 10/3/2022,, Dispositive Motions due by 2/28/2023,, Bench Trial set for 9/25/2023 10:30 AM before Judge Xavier Rodriguez,, Pretrial Conference set for 9/7/2023 10:30 AM before Judge Xavier Rodriguez,). Signed by Judge Xavier Rodriguez. (wg) (Entered: 09/08/2022) |
| 09/07/2022 | 12 | ORDER SETTING STATUS CONFERENCE AND HEARING ON ALL PENDING MOTIONS, ( Status Conference set for 10/20/2022 10:30 AM before Judge Xavier Rodriguez,). Signed by Judge Xavier Rodriguez. (wg) (Entered: 09/08/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 09/10/2022 13:14:58 |
ORDER TO SHOW CAUSE
On this date, the Court considered the status of this case. On June 6, 2022, Plaintiffs initiated this action by filing a petition in state court.
ECF No. 1 ¶ 1.
On June 16, 2022, Defendants removed the action to this court.
ECF No. 1.
In its notice of removal, Defendant stated it had “requested a copy of all the pleadings” from state court and would “supplement this Notice of Removal when received.”
Id. ¶ 14 n.2.
To date, however, no supplement has been received. It is therefore unclear whether Defendant has answered or otherwise responded to Plaintiffs’ petition.
Accordingly, Defendants are hereby ORDERED to file a certified copy of all state court pleadings, including any answer or response to Plaintiffs’ petition, no later than August 15, 2022.
SIGNED this August 1, 2022.
No movement on docket since standing order issued on Jun 21.
U.S. District Court [LIVE]
Western District of Texas (San Antonio)
CIVIL DOCKET FOR CASE #: 5:22-cv-00628-XR
Create an Alert for This Case on RECAP
| Wendell et al v. Mortgage Assets Management, LLC c/o PHH Mortgage Corporation, Assigned to: Judge Xavier Rodriguez |
| Case in other court: | 288th Judicial District Court, Bexar County, Texas, 2022-CI-10232 |
Cause: 28:1332 Diversity-Breach of ContractDate Filed: 06/16/2022
Jury Demand: None
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity
| Plaintiff | ||
| Louis Wendell | represented by | Ramon S. Rodriguez , Jr. Rodriguez & Garza, PLLC 247 W. Olmos Dr., Suite 200 San Antonio, TX 78212 (210) 281-0248 Fax: 210-549-2556 Email: rsrjr04@hotmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| Melvin Wendell | represented by | Ramon S. Rodriguez , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Mortgage Assets Management, LLC c/o PHH Mortgage Corporation, | represented by | Nicholas Michael Frame Mackie Wolf Zientz & Mann P.C. 14160 N. Dallas Parkway, Suite 900 Dallas, TX 75254 (214) 635-2650 Fax: (214) 635-2686 Email: nframe@mwzmlaw.com ATTORNEY TO BE NOTICEDMark Douglas Cronenwett Mackie Wolf Zientz & Mann, P.C. 14160 N. Dallas Parkway, Suite 900 Dallas, TX 75254 214-635-2650 Fax: 214-635-2686 Email: mcronenwett@mwzmlaw.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/16/2022 | 1 | NOTICE OF REMOVAL by Mortgage Assets Management, LLC c/o PHH Mortgage Corporation, (Filing fee $402 receipt number 0542-16152980), filed by Mortgage Assets Management, LLC c/o PHH Mortgage Corporation,. (Attachments: # 1 Exhibit A, # 2 Exhibit C-C1, # 3 Civil Cover Sheet)(Cronenwett, Mark) (Entered: 06/16/2022) |
| 06/16/2022 | 2 | Certificate of Interested Parties by Mortgage Assets Management, LLC c/o PHH Mortgage Corporation,. (Frame, Nicholas) (Entered: 06/16/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 06/18/2022 08:19:55 |
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