LIT UPDATE AND CORRECTION
DEC 11, 2024
Rod’s main residence is at 2221 Wentworth, with a $224k original mortgage serviced by NewRez. In July of 2023 they sent a payoff figure of over $474k due to his default on this 2005 loan.
After litigation in state court to stop foreclosure in 2023 was removed to Judge Hanks Jr’s court, the case would be rapidly dismissed without prejudice in Sept. 2023, claiming parties have settled, as we’ve highlighted herein.
That stated, we believe his homestead is still in default and facing foreclosure as he’s been litigating for nearly two decades and there’s plenty of orders from federal court and the Fifth Circuit stating ‘res judicata’ applies to his claims.
Add to this the fact he’s recently filed for bankruptcy protection.
—+++—
Then there’s the investment properties;
LIT incorrectly asserted the next stop foreclosure proceeding in Harris County District Court was against his main residence, when in actual fact it is by Community Loan Servicing LLC against his investment “Homeless Project” properties.
It appears these are being marketed as low-income rental properties (section 8) by Underwood.
We now correct that mistake here, by providing full details of his properties and current status.
In Sept. 2023, Rod filed suit pro se in Harris County District Court against Community to stop the scheduled nonjudicial foreclosure. It would be assigned to Judge Cory Sepolio and he obtained a cash bond to stop foreclosure.
The original note is for $525k (2008), which names the borrower as UPLIFT HOUSE, A TEXAS NON-PROFIT CORPORATION
This case would, as usual, be snap removed to federal court, assigned to Judge Keith Ellison. He dismissed the case on May 10, 2024. Rod appealed, but failed to file a transcript form, thus the appeal was dismissed in July of 2024.
The investment properties were subsequently scheduled for nonjudicial foreclosure in late 2024. See; Rodney Underwood, DBA UPLIFT FOR THE HOMELESS has ‘distressed’ properties listed for auction by nonjudicial foreclosure in Dec. 2024. Note: The Texas non-profit corporation is not active and he’s now using the assumed name above (since 2022).
However, as stated, he has filed for Bankruptcy protection once more in November 2024
Rodney E Underwood
(24-35213)
United States Bankruptcy Court, S.D. Texas, Judge Jeffrey P. Norman
NOV 4, 2024
Your case isn’t dismissed sua sponte when there’s a friend of the court (lawyer) before Judge Jeff Norman.
The hearing will take place at 9:30 am on January 29, 2025 at 515 Rusk Ave, Houston, TX 77002, on the 4th Floor of the U.S. Courthouse, in Courtroom 403.
PlnDue, DUPFILER, DEF22c, DEFb7, DEFsch |
Southern District of Texas (Houston)
Bankruptcy Petition #: 24-35213
Assigned to: Bankruptcy Judge Jeffrey P Norman Chapter 13 Voluntary Asset
|
|
Debtor Rodney E Underwood 2221 Wentworth Houston, TX 77004 HARRIS-TX SSN / ITIN: xxx-xx-5342 |
represented by | Aaron W. McCardell, Sr. The McCardell Law Firm, PLLC 440 Louisiana Suite 1575 Houston, TX 77002 713-236-8736 Fax : 713-236-8990 Email: amccardell@mccardelllaw.com |
Trustee Tiffany D Castro 1220 Augusta Drive Ste 500 Houston, TX 77057 713-722-1200 |
||
U.S. Trustee US Trustee Office of the US Trustee 515 Rusk Ave Ste 3516 Houston, TX 77002 713-718-4650 |
Filing Date | # | Docket Text | |
---|---|---|---|
11/04/2024 | 1 (12 pgs) |
Chapter 13 Voluntary Petition Individual . Fee Amount $313 Filed by Rodney E Underwood. (McCardell, Aaron) (Entered: 11/04/2024) | |
11/04/2024 | 2 (1 pg) |
Certificate of Credit Counseling (Filed By Rodney E Underwood ). (McCardell, Aaron) (Entered: 11/04/2024) | |
11/06/2024 | 3 (6 pgs) |
Order: Possible Future Dismissal of Case. Court advises that 11 U.S.C. Section 521(i) requires automatic dismissal if information required by Section 521(a)(1) is not filed. Signed on 11/6/2024 (sat4) (Entered: 11/06/2024) | |
11/06/2024 | 4 (4 pgs) |
Initial Case Management Order, Initial Order on Debtor’s Responsibilities, and Order Authorizing Use of Vehicles Pursuant to 363 and Providing Adequate Protection. Signed on 11/6/2024 (sat4) (Entered: 11/06/2024) | |
11/06/2024 | 5 | No Creditor Mailing List (sat4) (Entered: 11/06/2024) | |
11/08/2024 | 6 (5 pgs) |
BNC Certificate of Mailing. (Related document(s):4 Initial Order for Chapter 13 Case) No. of Notices: 1. Notice Date 11/08/2024. (Admin.) (Entered: 11/08/2024) | |
11/08/2024 | 7 (7 pgs) |
BNC Certificate of Mailing. (Related document(s):3 Order: Possible Future Dismissal of Case) No. of Notices: 1. Notice Date 11/08/2024. (Admin.) (Entered: 11/08/2024) | |
11/11/2024 | 8 (2 pgs) |
Notice of Appearance and Request for Notice Filed by Kathryn Nichole Dahlin Filed by on behalf of U.S. Bank Trust Company, National Association, as trustee, as successor-in-interest to U.S. Bank National Association, as Trustee for Residential Asset Mortgage Products, Inc., Mortgage Asset-Backed (Dahlin, Kathryn) (Entered: 11/11/2024) | |
11/13/2024 | 9 (2 pgs) |
Notice of Chapter 13 Bankruptcy Case, Meeting of Creditors & Notice of Appointment of Trustee.. 341(a) meeting to be held on 12/11/2024 at 02:30 PM, via Zoom – Castro: Meeting ID 223 248 9512, Passcode 1291903731, Phone 1 346 205 0870. Financial Management Course due:1/27/2025. Last day to object to dischargeability under section 523 is 2/10/2025. Proofs of Claims due by 1/13/2025. Government Proof of Claim due by 5/5/2025. Confirmation Hearing to be held on 1/29/2025 at 09:30 AM at Houston, Courtroom 403 (JPN). Clerk to send Notice on Financial Management Requirement 1/27/2025. (Castro, Tiffany) (Entered: 11/13/2024) | |
11/16/2024 | 10 (4 pgs) |
BNC Certificate of Mailing – Meeting of Creditors. (Related document(s):9 Chapter 13 Meeting of Creditors (batch)) No. of Notices: 5. Notice Date 11/16/2024. (Admin.) (Entered: 11/16/2024) | |
11/20/2024 | 11 | Statement of Social Security Number Filed. Does this document change the social security number for one or more debtors? No. Has the Meeting of Creditors been set in this case? Yes. (pns4) (Entered: 11/20/2024) | |
11/20/2024 | 12 | Declaration for Electronic Filing and Statement of Social Security Number Filed. Does this document change the social security number for one or more debtors? No. Has the Meeting of Creditors been set in this case? Yes. (pns4) (Entered: 11/20/2024) | |
11/27/2024 | 13 (2 pgs) |
Notice of Appearance and Request for Notice Filed by Kathryn Nichole Dahlin Filed by on behalf of PNC Bank, National Association (Dahlin, Kathryn) (Entered: 11/27/2024) | |
12/06/2024 | 14 (2 pgs) |
Chapter 13 Trustee’s Notice of Confirmation Hearing and Plan Summary. (Castro, Tiffany) (Entered: 12/06/2024) | |
12/09/2024 | 15 (2 pgs) |
Notice of Appearance and Request for Notice Filed by Elizabeth Frances Hayes Filed by on behalf of Community Loan Servicing, LLC (Hayes, Elizabeth) (Entered: 12/09/2024) | |
12/09/2024 | 16 (2 pgs) |
Notice of Appearance and Request for Notice Filed by Marc Daniel Cabrera Filed by on behalf of Community Loan Servicing, LLC (Cabrera, Marc) (Entered: 12/09/2024) |
PACER Service Center | |||
---|---|---|---|
Transaction Receipt | |||
12/11/2024 12:34:26 |
Objection to Confirmation of Plan – Debtor’s plan is not feasible. https://t.co/DKOq0r4pT5
— lawsinusa (@lawsinusa) December 10, 2024
RODNEY UNDERWOOD’S MAIN RESIDENCE LITIGATION HISTORY
Underwood v. PHH Mortgage Corporation (4:23-cv-02752)
District Court, S.D. Texas, Judge George Hanks, Jr.
Jul 26, 2023 – Sep 13, 2023
Dismissed WITHOUT PREJUDICE despite Judge Hughes summary as to res judicata.
Underwood v. Ocwen Loan Service (4:18-cv-04593)
District Court, S.D. Texas, Judge Lynn Hughes
Dec 3, 2018 – Apr 4, 2020
Underwood represented by sanctioned Texas lawyer Nickolas Anthony Spencer of Spencer & Assoc PLLC
Final DISMISSAL.
READ THE SCATHING OPINION : This case is dismissed with prejudice as res judicata 26, 29 .
Case terminated on 4/4/2020.
(Signed by Judge Lynn N Hughes)
Parties notified. (ghassan, 4)
(Entered: 04/04/2020)
Underwood v. Bayview Loan Servicing (4:16-cv-03563)
District Court, S.D. Texas
Dec 2, 2016 – Jun 25, 2018
Agreed MOTION to Dismiss With Prejudice by Bayview Loan Servicing, filed. Motion Docket Date 7/13/2018. (Attachments: # 1 Proposed Order)
(Manning, Matt) (Entered: 06/22/2018)
ORDER granting 54 Motion to Dismiss (with prejudice).
(Signed by Judge Nancy F Atlas)
Parties notified.(sashabranner, 4)
(Entered: 06/25/2018)
On Vacation since April 2023 @LockeLord https://t.co/zHHcMFnR1u
— lawsinusa (@lawsinusa) December 10, 2024
RODNEY UNDERWOOD’S HARRIS COUNTY LITIGATION AND ASSUMED NAMES
File Number | Term | Name and Address | Status Type Date |
Pgs | Film Code | |||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|
T171204 | 10 |
|
Unincorporated 03/19/2015 |
1 | 243854188 | |||||||
B424887 | 10 |
|
Expired Unknown 08/30/2007 |
1 | 238872894 | |||||||
B424474 | 10 |
|
Expired Unknown 08/22/2007 |
1 | 238871520 | |||||||
954882 | 10 |
|
Expired Unknown 05/28/1999 |
1 | 227002495 | |||||||
936312 | 10 |
|
Expired Unknown 01/15/1998 |
1 | 226881388 | |||||||
880723 | 10 |
|
Expired Unknown 05/18/1994 |
1 | 221981602 | |||||||
759641 | 10 |
|
Expired Unknown 07/18/1988 |
1 | 214870144 | |||||||
604284 | 10 |
|
Expired Unknown 12/29/1983 |
1 | 209810235 | |||||||
548213 | 10 |
|
Expired Unknown 09/21/1982 |
1 | 207911754 | |||||||
502326 | 10 |
|
Expired Unknown 09/11/1981 |
1 | 206910289 | |||||||
481289 | 10 |
|
Expired Unknown 03/24/1981 |
1 | 206820615 | |||||||
385709 | 10 |
|
Expired Unknown 12/01/1978 |
1 | 204820131 | |||||||
1232670 | 10 |
|
Unincorporated 03/25/2022 |
1 | ASN-2022-13576 | |||||||
1123310 | 10 |
|
Expired Unincorporated 08/30/2013 |
1 | 242860572 | |||||||
1120661 | 10 |
|
Expired Unincorporated 06/06/2013 |
1 | 242831037 | |||||||
1120660 | 10 |
|
Expired Unincorporated 06/06/2013 |
1 | 242831036 | |||||||
1024346 | 10 |
|
Case (Cause) Number | Style | File Date | Court | Case Region | Type Of Action / Offense | |
---|---|---|---|---|---|---|
202367516- 7 Disposed (Final) |
UNDERWOOD, RODNEY vs. COMMUNITY LOAN SERVICING LLC | 9/29/2023 | 269 | Civil | OTHER CIVIL | |
202340971- 7 Disposed (Final) |
UNDERWOOD, RODNEY vs. PHH MORTGAGE CORPORATION (D/B/A NEW REZ) |
7/3/2023 | 151 | Civil | Other Property | |
202310765- 7 Abated |
THOMPSON, NORMA vs. NRG ENERGY INC | 2/17/2023 | 281 | Civil | MDL – WINTER STORM URI | |
202310404- 7 Active – Civil |
THOMPSON, NORMA vs. ATMOS ENERGY CORPORATION |
2/16/2023 | 281 | Civil | MDL – WINTER STORM URI | |
201912397- 7 Disposed (Final) |
UNDERWOOD, RODNEY vs. EXETER FINANCE | 2/19/2019 | 269 | Civil | OTHER CIVIL | |
201912397A- 7 Disposed (Final) |
UNDERWOOD, RODNEY vs. EXETER FINANCE |
2/19/2019 | 269 | Civil | SEVERANCE | |
201885885- 7 Disposed (Final) |
UNDERWOOD, RODNEY vs. OCWEN LOAN SERVICING LLC | 12/3/2018 | 061 | Civil | Other Property | |
201349626- 7 Disposed (Final) |
UNDERWOOD, RODNEY vs. BAYVIEW LOAN SERVICING |
8/22/2013 | 189 | Civil | Foreclosure – Other | |
201247388- 7 Disposed (Final) |
UNDERWOOD, R E vs. A H M S I | 8/17/2012 | 011 | Civil | CONTRACT | |
201024593- 7 Disposed (Final) |
U S BANK NATIONAL ASSOCIATION AS TRUSTEE (ITS SUCC vs. UNDERWOOD, RODNEY EDWARD (AKA RODNEY UNDERWOOD |
4/19/2010 | 129 | Civil | Foreclosure – Home Equity-Expedited | |
000921960- 7 Disposed (Final) |
UNDERWOOD, RODNEY L vs. UNDERWOOD, RITA J | 1/1/0001 | 311 | Family | UNKNOWN |
Case (Cause) Number | Style | File Date | Court | Case Region | Type Of Action / Offense | |
---|---|---|---|---|---|---|
202367516- 7 Disposed (Final) |
UNDERWOOD, RODNEY vs. COMMUNITY LOAN SERVICING LLC | 9/29/2023 | 269 | Civil | OTHER CIVIL | |
201942926- 7 Disposed (Final) |
HARRIS COUNTY vs. UNDERWOOD, RODNEY E. |
6/24/2019 | 133 | Civil | Tax Delinquency | |
201811599- 7 Disposed (Final) |
OCWEN LOAN SERVICING LLC AS SERVICING AGENT FOR US vs. RODNEY EDWARD UNDERWOOD (A/K/ RODNEY UNDERWOOD) | 2/22/2018 | 113 | Civil | Foreclosure – Home Equity-Expedited | |
201625210- 7 Disposed (Final) |
HARRIS COUNTY vs. UNDERWOOD, RODNEY EDWARD (AKA R E UNDERW |
4/21/2016 | 295 | Civil | Tax Delinquency | |
201342794- 7 Disposed (Final) |
HARRIS COUNTY, ET AL vs. UNDERWOOD, RODNEY E (AKA UNDERWOOD, RODN | 7/29/2013 | 295 | Civil | Tax Delinquency | |
201231327- 7 Disposed (Final) |
HARRIS COUNTY, ET AL vs. UNDERWOOD, R E (AKA UNDERWOOD, RODNEY EDWARD) |
5/31/2012 | 190 | Civil | Tax Delinquency | |
201209128- 7 Disposed (Final) |
HARRIS COUNTY, ET AL vs. CORDOVA, HIRLINDA (AKA CORDOVA, HERLINDA CASAS AKA | 2/20/2012 | 281 | Civil | Tax Delinquency | |
201136800- 7 Disposed (Final) |
HARRIS COUNTY, ET AL vs. UNDERWOOD, RODNEY EDWARD |
6/27/2011 | 152 | Civil | Tax Delinquency | |
201068546- 7 Disposed (Final) |
MATA, JOSE LUIS vs. CORDOVA, HERLINDA | 10/15/2010 | 151 | Civil | DEBT | |
201068546A- 7 Disposed (Final) |
MATA, JOSE LUIS vs. CORDOVA, HERLINDA |
10/15/2010 | 151 | Civil | SEVERANCE | |
201024593- 7 Disposed (Final) |
U S BANK NATIONAL ASSOCIATION AS TRUSTEE (ITS SUCC vs. UNDERWOOD, RODNEY EDWARD (AKA RODNEY UNDERWOOD | 4/19/2010 | 129 | Civil | Foreclosure – Home Equity-Expedited | |
201013543- 7 Disposed (Final) |
HARRIS COUNTY, ET AL vs. UNDERWOOD, RODNEY E |
3/5/2010 | 269 | Civil | Tax Delinquency | |
200868735- 7 Disposed (Final) |
HARRIS COUNTY, ET AL vs. UPLIFT FOR THE HOMELESS (AKA UPLIFT PRESIDENT OF R | 11/21/2008 | 270 | Civil | Tax Delinquency | |
198161226- 7 Purged |
MAGNUSON, JOHN vs. UNDERWOOD, RODNEY |
12/22/1981 | 011 | Civil | PERSONAL INJURY – AUTO | |
198123251- 7 Purged |
WEISKOPF, DOUGLAS LEE vs. AAA TRUCKING COMPANY | 5/13/1981 | 269 | Civil | PERSONAL INJURY – AUTO |
Case Conditionally Dismissed where PHH (ONITY) a Party and @Baker_Donelson are Counsel (Jun 11, 2024) – As we explained in our Aug. 22, 2024 update, this case should have been reinstated. It still hasn’t been reinstated. https://t.co/tfvNsAXoN5
— lawsinusa (@lawsinusa) December 10, 2024
RODNEY UNDERWOOD’S COMMUNITY LOAN (UPLIFT) HISTORY
Underwood v. Community Loan Servicing, LLC (4:23-cv-04405)
District Court, S.D. Texas
Underwood v. Bayview Loan Servicing (4:16-cv-03563)
District Court, S.D. Texas
Dec 2, 2016 – Jun 25, 2018
Agreed MOTION to Dismiss With Prejudice by Bayview Loan Servicing, filed. Motion Docket Date 7/13/2018. (Attachments: # 1 Proposed Order)
(Manning, Matt) (Entered: 06/22/2018)
ORDER granting 54 Motion to Dismiss (with prejudice).
(Signed by Judge Nancy F Atlas)
Parties notified.(sashabranner, 4)
(Entered: 06/25/2018)
The court is concerned that this highly redacted document has not been provided in good faith or to substantiate the contention that the law firm has actually be engaged to represent Ocwen Loan Servicing, LLC. https://t.co/BV74JeJYu3
— lawsinusa (@lawsinusa) December 9, 2024
RODNEY UNDERWOOD’S BANKRUPTCY HISTORY
Rodney E Underwood (24-35213)
United States Bankruptcy Court, S.D. Texas
Rodney Edward Underwood (16-36154)
United States Bankruptcy Court, S.D. Texas
Dec 5, 2016 – Feb 24, 2017
Rodney Underwood (16-34487)
United States Bankruptcy Court, S.D. Texas
Sep 6, 2016 – Dec 11, 2016
Rodney E. Underwood (14-33547)
United States Bankruptcy Court, S.D. Texas
Jun 27, 2014 – Aug 20, 2014
Rodney Underwood (14-31723)
United States Bankruptcy Court, S.D. Texas
March 28, 2014 – Jun 16, 2014
Cordova, Jr. v. Underwood (13-03132)
United States Bankruptcy Court, S.D. Texas
Underwood’s fraud per bankruptcy judge Marvin Isgur.
This is later brought into question as the agreed judgment says the Cordova’s take nothing from Underwood or his entity.
Property in dispute ownership history per HCAD: 808 Ammons On HAR.
Rodney Underwood (11-40353)
United States Bankruptcy Court, S.D. Texas
Mnuchin Bankrolls Third Wife’s Movie on the Funds from Millions of Illegally Evicted Homeowners During His IndyMac Reign. https://t.co/i8L0mJkP6F
— lawsinusa (@lawsinusa) December 9, 2024
LIT UPDATE AND COMMENTARY
MAR 22, MAY 14,
AUG 3 21, SEP 16, 2024
No foreclosure is listed for September 2024 for Underwood’s property.
A review of HCAD and real property records also indicate that no trustee sale has been executed after the latest May 2024 judgment. The last records show the appt of substitute trustees in 2011 and the related lis pendens filed by Underwood in 2013 related to the 2012 litigation in Harris County.
Rodney Underwood’s ‘free livin” is now in its 18th year, and importantly, he has been a “tenant-in-sufferance” for all those years…
Underwood has 3 properties per HCAD.
No foreclosure is listed for August 6, 2024 for Underwood’s property.
A review of HCAD and real property records also indicate that no trustee sale has been executed after the latest May 2024 judgment. The last records show the appt of substitute trustees in 2011 and the related lis pendens filed by Underwood in 2013 related to the 2012 litigation in Harris County.
Rodney Underwood’s ‘free livin” is now in its 18th year, and importantly, he has been a “tenant-in-sufferance” for all those years…
MOTION TO WITHDRAW AS ATTORNEY
COMES NOW, Aaron W. McCardell Sr., who is currently the attorney of record for RODNEY UNDERWOOD., and files this his motion to withdraw as attorney of record and in support of this motion shows the court the following:
1. I am Movant and legal counsel representing the Plaintiff in the in the above entitled and numbered cause.
2. I am seeking permission to withdraw as counsel for the Plaintiff and wish to be relieved of any future professional obligation, responsibility, or duty to the Plaintiff.;
3. The Plaintiff and I have a fundamental disagreement regarding the pursuit of an objective which counsel may consider to be imprudent.
4. Movant has informed RODNEY UNDERWOOD that he will withdraw from the case, and Plaintiff agrees with the filing of this motion.
4. Considering this, counsel is not able to continue representing Mr. Underwood and asks this court to grant this Motion to Withdraw.
Wherefore, premises considered, Aaron W. McCardell Sr. asks this court to grant his motion to withdraw as attorney for RODNEY UNDERWOOD.
Approved: Respectfully Submitted,
/s/Rodney Underwood /s/ Aaron W. McCardell Sr.
RODNEY UNDERWOOD
Aaron W. McCardell Sr.
Defendants
Texas Bar No. 24120996
Email: amccardell@mccardelllaw.com
440 Louisiana Street, Suite 1575
Houston, Texas 77002
(713) 236-8736
(713) 236-8990 Fax
amccardell@mccardelllaw.com
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:23-cv-04405
Underwood v. Community Loan Servicing, LLC Assigned to: Judge Keith P Ellison
Cause: 28:1331(a) Fed. Question: Real Property |
Date Filed: 11/21/2023 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Federal Question |
Date Filed | # | Docket Text |
---|---|---|
03/08/2024 | 20 | Unopposed MOTION for Extension of Time to Answer or Otherwise Respond to Amended Complaint (Doc. No. 18) by Community Loan Servicing, LLC, filed. Motion Docket Date 3/29/2024. (Attachments: # 1 Proposed Order)(Hayes, Elizabeth) (Entered: 03/08/2024) |
03/08/2024 | 21 | ORDER granting 20 Motion for Extension of Time; Motion-related deadline set re: 20 Unopposed MOTION for Extension of Time to Answer or Otherwise Respond to Amended Complaint (Doc. No. 18).; Answer due for Community Loan Servicing, LLC 3/25/2024.(Signed by Judge Keith P Ellison) Parties notified.(ArturoRivera, 4) (Entered: 03/08/2024) |
03/21/2024 | 22 | MOTION for Aaron W. McCardell Sr. to Withdraw as Attorney by Rodney Underwood, filed. Motion Docket Date 4/11/2024. (Attachments: # 1 Proposed Order Order on Motion to Withdraw as Counsel fin) (McCardell, Aaron) (Entered: 03/21/2024) |
PACER Service Center | |||
---|---|---|---|
Transaction Receipt | |||
03/22/2024 13:29:06 |
Foreclosure Mill Lawyers Gamesmanship Evident in Deutsche Bank Lawsuits Before Judge Al Bennett
– Laws In Texas https://t.co/UzPKvf2Qpe— lawsinusa (@lawsinusa) May 13, 2024
Underwood v. Community Loan Servicing, LLC
(4:23-cv-04405)
District Court, S.D. Texas, Judge Ellison
NOV 21, 2023
On Dec. 15, 2023, the bank’s counsel noticed the court that Underwood failed to timely respond to their premature motion to dismiss.
After attempting a late pro se response on Dec. 29, 2024 labeled “motion to reinstate”, Underwood retained counsel who appeared on Jan. 23, 2024. He withdrew Underwood’s pro se response on Feb. 8.
After the initial conference, on Feb 13; SCHEDULING/DOCKETING CONTROL ORDER. Amended Pleadings due by 3/27/2024.
Thereafter, he filed an amended complaint on February 25, 2024.
Despite the notice of non-responsiveness, the very next day, Feb. 26, 2024, Judge Ellison entered an order denying the bank’s motion to dismiss as moot due to the amended complaint, which wasn’t filed with leave of the court; see U.S. Commodity Futures Trading Comm’n v. Fin. Robotics, Inc., CIVIL ACTION No. H-11-2446, at *3 (S.D. Tex. June 27, 2013) (“On April 1, 2013, within the deadline set in the amended scheduling and docket control order, the CFTC moved for leave to amend its complaint.”).
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:23-cv-04405
Underwood v. Community Loan Servicing, LLC Assigned to: Judge Keith P Ellison
Cause: 28:1331(a) Fed. Question: Real Property |
Date Filed: 11/21/2023 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Federal Question |
Date Filed | # | Docket Text |
---|---|---|
02/25/2024 | 18 | AMENDED COMPLAINT with Jury Demand against Community Loan Servicing, LLC filed by Rodney Underwood.(McCardell, Aaron) (Entered: 02/25/2024) |
02/26/2024 | 19 | ORDER denying as moot 4 Motion to Dismiss for Failure to State a Claim.(Signed by Judge Keith P Ellison) Parties notified.(ArturoRivera, 4) (Entered: 02/26/2024) |
PACER Service Center | |||
---|---|---|---|
Transaction Receipt | |||
02/27/2024 10:59:36 |
After a few pro se filings….
NOTICE of Appearance by Aaron W. McCardell Sr. on behalf of Rodney Underwood, filed. (McCardell, Aaron) (Entered: 01/23/2024)
… foreclosure defense lawyer McCardell Sr feels satisfied he’s got a winning case for Underwood and returns to the table.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:23-cv-04405
Underwood v. Community Loan Servicing, LLC Assigned to: Judge Keith P Ellison
Cause: 28:1331(a) Fed. Question: Real Property |
Date Filed: 11/21/2023 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Federal Question |
Plaintiff | ||
Rodney Underwood | represented by | Aaron Wayne McCardell , Sr. The McCardell Law Firm, PLLC 440 Louisiana Ste 1575 Houston, TX 77002 713-236-8736 Fax: 713-236-8990 Email: amccardell@mccardelllaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
V. | ||
Defendant | ||
Community Loan Servicing, LLC | represented by | Marc Daniel Cabrera Polsinelli PC 2950 N. Harwood Suite 2100 Dallas, TX 75201 214-397-0030 Fax: 214-397-0033 Email: mcabrera@polsinelli.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDElizabeth Frances Hayes Polsinelli PC 2950 Harwood Street Suite 2100 Dallas, TX 75201 214-661-5511 Email: ehayes@polsinelli.com ATTORNEY TO BE NOTICED |
Date Filed | # | Docket Text |
---|---|---|
11/21/2023 | 1 | NOTICE OF REMOVAL from 269th Judicial District Court, Harris Co. Texas, case number 2023-67516 (Filing fee $ 402 receipt number ATXSDC-30838382) filed by Community Loan Servicing, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit D-1, # 6 Exhibit D-2, # 7 Exhibit D-3, # 8 Exhibit D-4, # 9 Exhibit D-5, # 10 Exhibit D-6, # 11 Exhibit D-7, # 12 Exhibit D-8, # 13 Exhibit E)(Hayes, Elizabeth) (Entered: 11/21/2023) |
11/21/2023 | 2 | CERTIFICATE OF INTERESTED PARTIES by Community Loan Servicing, LLC, filed.(Hayes, Elizabeth) (Entered: 11/21/2023) |
11/21/2023 | 3 | CORPORATE DISCLOSURE STATEMENT by Community Loan Servicing, LLC, filed.(Hayes, Elizabeth) (Entered: 11/21/2023) |
11/21/2023 | 4 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND BRIEF IN SUPPORT by Community Loan Servicing, LLC, filed. Motion Docket Date 12/12/2023. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Hayes, Elizabeth) (Entered: 11/21/2023) |
11/22/2023 | 5 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 2/16/2024 at 02:00 PM in Courtroom 3A Houston before Judge Keith P Ellison. (Signed by Judge Keith P Ellison) Parties notified.(HeatherCarr, 4) (Entered: 11/22/2023) |
12/15/2023 | 6 | NOTICE OF NON-FILING re: 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND BRIEF IN SUPPORT by Community Loan Servicing, LLC, filed. (Hayes, Elizabeth) (Entered: 12/15/2023) |
12/29/2023 | 7 | MOTION to Reinstate Case on Docket and Notice of Hearing by Rodney Underwood, filed. Motion Docket Date 1/19/2024. (DMcKinnieRichardson, 4) (Additional attachment(s) added on 12/29/2023: # 1 Proposed Order) (DMcKinnieRichardson, 4). (Entered: 12/29/2023) |
12/29/2023 | 8 | Counter-Defendant’s Original Answer by Rodney Underwood, filed.(DMcKinnieRichardson, 4) (Entered: 12/29/2023) |
01/04/2024 | 9 | NOTICE of Setting. Parties notified. Status Conference set for 1/8/2024 at 02:00 PM in by telephone before Judge Keith P Ellison, filed. (ArturoRivera, 4) (Entered: 01/04/2024) |
01/16/2024 | 10 | NOTICE of Setting. Parties notified. Status Conference set for 1/25/2024 at 03:30 PM in by telephone before Judge Keith P Ellison, filed. (GabrielleLyons, 4) (Entered: 01/16/2024) |
01/18/2024 | 11 | RESPONSE in Opposition to 7 MOTION Motion to Reinstate Case on Docket and Notice of Hearing, filed by Community Loan Servicing, LLC. (Attachments: # 1 Proposed Order)(Hayes, Elizabeth) (Entered: 01/18/2024) |
01/23/2024 | 12 | NOTICE of Appearance by Aaron W. McCardell Sr. on behalf of Rodney Underwood, filed. (McCardell, Aaron) (Entered: 01/23/2024) |
01/24/2024 | 13 | NOTICE of Appearance by Marc D. Cabrera on behalf of Community Loan Servicing, LLC, filed. (Cabrera, Marc) (Entered: 01/24/2024) |
PACER Service Center | |||
---|---|---|---|
Transaction Receipt | |||
01/29/2024 03:20:07 |
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:23-cv-04405
Underwood v. Community Loan Servicing, LLC Assigned to: Judge Keith P Ellison
Cause: 28:1331(a) Fed. Question: Real Property |
Date Filed: 11/21/2023 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Federal Question |
Date Filed | # | Docket Text |
---|---|---|
02/08/2024 | 14 | NOTICE of Withdrawal re: 7 MOTION Motion to Reinstate Case on Docket and Notice of Hearing by Rodney Underwood, filed. (McCardell, Aaron) (Entered: 02/08/2024) |
02/08/2024 | 15 | ORDER Withdrawing Document re: 7 Motion for Miscellaneous Relief filed by Rodney Underwood, (Signed by Judge Keith P Ellison) Parties notified.(ArturoRivera, 4) (Entered: 02/08/2024) |
02/08/2024 | 16 | Notice Regarding Initial Conference(Signed by Judge Keith P Ellison) Parties notified.(ArturoRivera, 4) (Entered: 02/08/2024) |
02/13/2024 | 17 | SCHEDULING/DOCKETING CONTROL ORDER. ETT: 1-2 Days. Bench trial. Joinder of Parties due by 3/27/2024. Amended Pleadings due by 3/27/2024. Pltf Expert Witness List due by 4/29/2024. Deft Expert Witness List due by 5/29/2024. Discovery due by 11/15/2024. Dispositive and Non-Disppositive Motion Filing due by 1/21/2025. Joint Pretrial Order and Motions in Limine due by 4/14/2025. Bench Trial set for 4/21/2025 at 09:00 AM in Courtroom 3A Houston before Judge Keith P Ellison(Signed by Judge Keith P Ellison) Parties notified.(MayraMarquez, 4) (Entered: 02/13/2024) |
PACER Service Center | |||
---|---|---|---|
Transaction Receipt | |||
02/19/2024 06:18:06 |
Bandit foreclosure defense lawyer James Minerve always obtains a TRO to stop foreclosure auctions on a fake purchase contract – it doesn’t exist – this case below the homeowner listed the home on HAR for $445k 69 days ago and now it is listed at $390k.https://t.co/dMOqjsSa27
— lawsinusa (@lawsinusa) May 14, 2024
202367516 –
UNDERWOOD, RODNEY vs. COMMUNITY LOAN SERVICING LLC
(Court 269, JUDGE CORY SEPOLIO – MAYBE DAD CAN ARBITRATE?)
SEP 29, 2023 | REPUBLISHED BY LIT: SEP 30, 2023
Motion to Reinstate Case on Docket and Notice of Hearing
– LIT Comment; No order required to remove to fed. court.
ORDER SIGNED SETTING HEARING | 10/02/2023 | |
ORDER SIGNED GRANTING TEMPORARY RESTRAINING ORDER |
No bond fee payable. Hearing Monday, 16 October 2023.
We will leave this LAWYER’s FRAUD right here for y’all. https://t.co/557HpQIPzV@CenlarFSB @LoanCareLLC @federalreserve @USTreasury @SBAgov @IRSnews @DeloitteUS @KPMG_US @USGovernment20 @SECGov @USMarshalsHQ @FBIMostWanted @PNCBank @RocketMortgage @whitehouse #TWO #NMA #txlege pic.twitter.com/VCTvzL4AIB
— lawsinusa (@lawsinusa) September 29, 2023
Underwood v. PHH Mortgage Corporation
(4:23-cv-02752)
District Court, S.D. Texas
JUL 26, 2023 | REPUBLISHED BY LIT: SEP 9, 2023
PHH MORTGAGE: GET THIS OFF THE DOCKET, QUICK!
STAY IN YOUR HOME.
DISMISSED WITHOUT PREJUDICE.
Plaintiff Rodney Underwood (“Underwood”) and Defendant PHH Mortgage Corporation (“Defendant” or “PHH”) file this Joint Stipulation of Dismissal (“Stipulation”).
Underwood and PHH, by and through their undersigned counsel, hereby stipulate and agree that, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), all claims and causes of action asserted, or could have been asserted, by Underwood against PHH are hereby dismissed.
This Stipulation is meant to address all claims Underwood has brought in the above-captioned action against PHH.
WHEREFORE, PREMISES CONSIDERED, Underwood and PHH jointly request that the Court enter the attached Order of Dismissal dismissing all claims and causes of action asserted, or could have been asserted, by Underwood against PHH. Underwood and PHH additionally request that all taxable costs, expenses, and attorneys’ fees be borne by the party incurring same.
Date: September 12, 2023
In 2006, Underwood’s home was sold for $17k at foreclosure auction. He’s been litigating for a total of 17 years. Now he’s back.
Case (Cause) Number | Style | File Date | Court | Case Region | Type Of Action / Offense | |
202340971- 7 Disposed (Final) |
UNDERWOOD, RODNEY vs. PHH MORTGAGE CORPORATION (D/B/A NEW REZ) | 7/3/2023 | 151 | Civil | Other Property | |
202310746- 7 Disposed (Final) |
CALLIS, REDDRICK DEJUAN vs. ALFORD, DEMETRIUS DENISE |
2/17/2023 | 246 | Family | Custody or Visitation | |
202310352- 7 Disposed (Final) |
SHEPARD, ANGELA D vs. SHEPARD, STEVEN | 2/16/2023 | 311 | Family | Divorce No Children | |
202300429- 7 Disposed (Final) |
YORK, CHERYL vs. MANCORP MANAGEMENT CORPORATION LLC |
1/3/2023 | 055 | Civil | Trespass to Try Title | |
202278299- 7 Disposed (Final) |
JOHNSON, MONICA DENENE vs. JOHNSON, MARCUS EUGENE | 12/2/2022 | 245 | Family | Divorce with Children | |
202276193- 7 ReInstated |
WELLS FARGO BANK N A vs. VILLARREAL, VERONICA FLORES (AKA VERONICA FLORES) (AKA VERONICA OROS) |
11/21/2022 | 151 | Civil | Foreclosure – Other | |
202234499- 7 Disposed (Final) |
PARK LAKES PROPERTY OWNERS ASSOCIATION INC vs. WESLEY, PERRY DEE | 6/9/2022 | 334 | Civil | Foreclosure – Other | |
202226238- 7 Ready Docket |
SMITH, EMMA vs. KNOWN AND UNKNOWN HEIRS OF E G LEONARDON |
5/2/2022 | 011 | Civil | Trespass to Try Title | |
202206310- 7 Disposed (Final) |
HARRIS COUNTY vs. MILLS, JOHN (UNKNOWN ADDRESS) | 2/1/2022 | 234 | Civil | Tax Delinquency | |
202203163- 7 Disposed (Final) |
HARRIS, DANA vs. HARRIS, TOMMY LEE |
1/18/2022 | 280 | Family | PROTECTIVE ORDER | |
202166905- 7 Disposed (Final) |
VAUGHN, CHARLES LAWRENCE vs. HENRY-VAUGHN, JACQUELINE | 10/13/2021 | 308 | Family | Divorce No Children | |
202165092- 7 Disposed (Final) |
MCKELVEY, JASON LAMOND vs. MCKELVEY, JOHNNIE DARNEL |
10/5/2021 | 311 | Family | Divorce No Children | |
202151458- 7 Disposed (Final) |
CARHEE, REGINA vs. LAGWAY, MANDA | 8/18/2021 | 311 | Family | Custody or Visitation | |
202131033- 7 Disposed (Final) |
HARRIS COUNTY vs. CARTER, OLED (AKA CLAUDE OLED CARTER) (DECEASED) |
5/24/2021 | 334 | Civil | Tax Delinquency | |
202117962- 7 Disposed (Final) |
SEALS, AQUINTICE vs. COOPER, DERRICK D | 3/26/2021 | 245 | Family | PROTECTIVE ORDER | |
202110564- 7 Disposed (Final) |
STAFFORD, LEVORA vs. STAFFORD, MICHAEL E |
2/24/2021 | 247 | Family | Divorce No Children | |
202076666- 7 Disposed (Final) |
JENKINS, OLIVER vs. GUARANTY MORTGAGE LLC | 11/30/2020 | 270 | Civil | Quiet Title | |
202076666A- 7 Disposed (Final) |
OLIVER, JENKINS vs. GUARANTY MORTGAGE LLC |
11/30/2020 | 270 | Civil | SEVERANCE | |
202066880- 7 Disposed (Final) |
COLE, KINTA LAVAR vs. SMITH, CHRISTINE MARIE | 10/19/2020 | 310 | Family | Divorce No Children | |
201876525- 7 Post Judgment |
OFFICE OF THE ATTORNEY GENERAL vs. CARHEE, GREGORY DONTRELL |
10/22/2018 | 311 | Family | IV-D OAG ONLY-ESTABLISHMENT | |
201574697- 7 Disposed (Final) |
OFFICE OF THE ATTORNEY GENERAL vs. COOPER, DERRICK DEWAYNE | 12/14/2015 | 245 | Family | IV-D OAG ONLY-ESTABLISHMENT |
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:23-cv-02752
Underwood v. PHH Mortgage Corporation et al Assigned to: Judge George C Hanks, Jr
Cause: 28:1332 Diversity-Petition for Removal |
Date Filed: 07/26/2023 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
Plaintiff | ||
Rodney Underwood | represented by | Aaron Wayne McCardell , Sr. The McCardell Law Firm, PLLC 440 Louisiana Ste 1575 Houston, TX 77002 713-236-8736 Fax: 713-236-8990 Email: amccardell@mccardelllaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
V. | ||
Defendant | ||
PHH Mortgage Corporation doing business as New Rez LLC |
represented by | Matthew K Hansen Locke Lord LLP 2200 Ross Ave Suite 2800 Dallas, TX 75201-6776 214-740-8496 Email: mkhansen@lockelord.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDRobert T Mowrey Locke Lord LLP 2200 Ross Ave Ste 2800 Dallas, TX 75201-6776 214-740-8000 Fax: 214-740-8800 Email: rmowrey@lockelord.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDHelen Onome Turner Locke Lord LLP 600 Travis Street Ste 2800 Houston, TX 77002 713-226-1280 Fax: 713-229-2501 Email: helen.turner@lockelord.com ATTORNEY TO BE NOTICED |
Date Filed | # | Docket Text |
---|---|---|
07/26/2023 | 1 | NOTICE OF REMOVAL from 151st Judicial District Court, Harris County, Texas, case number 2023-40971 (Filing fee $ 402 receipt number ATXSDC-30262958) filed by PHH Mortgage Corporation d/b/a New Rez, LLC. (Attachments: # 1 Exhibit Exhibits A – J [including Civil Cover Sheet])(Turner, Helen) (Entered: 07/26/2023) |
07/26/2023 | 2 | CERTIFICATE OF INTERESTED PARTIES by PHH Mortgage Corporation d/b/a New Rez, LLC, filed.(Turner, Helen) (Entered: 07/26/2023) |
07/26/2023 | 3 | CORPORATE DISCLOSURE STATEMENT by PHH Mortgage Corporation d/b/a New Rez, LLC identifying Ocwen Financial Corporation as Corporate Parent, filed.(Turner, Helen) (Entered: 07/26/2023) |
07/31/2023 | 4 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 11/29/2023 at 09:00 AM by video before Magistrate Judge Andrew M Edison. (Signed by Judge George C Hanks, Jr) Parties notified.(RebeccaBecknal, 4) (Entered: 07/31/2023) |
07/31/2023 | 5 | NOTICE of Appearance by Matthew K. Hansen on behalf of PHH Mortgage Corporation, filed. (Turner, Helen) (Entered: 07/31/2023) |
08/01/2023 | 6 | Amended CERTIFICATE OF INTERESTED PARTIES by PHH Mortgage Corporation, filed.(Turner, Helen) (Entered: 08/01/2023) |
08/01/2023 | 7 | Amended CORPORATE DISCLOSURE STATEMENT by PHH Mortgage Corporation identifying Ocwen Financial Corporation as Corporate Parent, filed.(Turner, Helen) (Entered: 08/01/2023) |
08/04/2023 | 8 | Agreed MOTION to Revise Caption on Court’s Docket Sheet by PHH Mortgage Corporation, filed. Motion Docket Date 8/25/2023. (Attachments: # 1 Proposed Order Granting Agreed Motion to Revise Caption on Court’s Docket Sheet)(Turner, Helen) (Entered: 08/04/2023) |
08/09/2023 | 9 | JOINT DISCOVERY/CASE MANAGEMENT PLAN by PHH Mortgage Corporation, filed.(Turner, Helen) (Entered: 08/09/2023) |
08/14/2023 | 10 | ORDER granting 8 Agreed Motion to Revise Caption on Courts Docket Sheet. ORDERED that the Courts caption will be revised to reflect PHH Mortgage Corporation as the proper defendant in this case. (Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4) (Entered: 08/14/2023) |
08/15/2023 | 11 | CERTIFICATE OF INTERESTED PARTIES by Rodney Underwood, filed.(McCardell, Aaron) (Entered: 08/15/2023) |
08/17/2023 | The above entitled action is assigned to United States District Judge George C. Hanks, Jr. Attorneys and Pro Se individuals are responsible for complying with this Court’s rules and procedures, specifically, under Rule 6. Motion Practice. B. Pre-Motion Conferences Required for Particular Motions. Please download and review the individual practices of the assigned District Judge, located at: https://www.txs.uscourts.gov/sites/txs/files/GCH_Court_Procedures.pdf. (Note: If clicking the link does not work, you can copy/paste the url into your web browser address bar to view the procedures.) (bthomas, 4) (Entered: 08/17/2023) |
PACER Service Center | |||
---|---|---|---|
Transaction Receipt | |||
09/09/2023 05:03:12 |
BONIAL FOR PHH, MACKIE WOLF, BDF HOPKINS ET AL
Judge Eskridge affirms the property sale as granted by Bankruptcy Judge Marvin Isgur who called PHH Mortgage Corp. and their foreclosure mill lawyers ‘despicable’ for their fraud and perjury on the court https://t.co/gcbEktjZFY pic.twitter.com/ouaPdKqDWg— lawsinusa (@lawsinusa) September 9, 2023
202340971 –
UNDERWOOD, RODNEY vs. PHH MORTGAGE CORPORATION (D/B/A NEW REZ)
(Court 151, JUDGE MIKE ENGELHART)
JUL 3, 2023 | REPUBLISHED BY LIT: SEP 9, 2023
Foreclosure Mill Lawyers Gamesmanship Evident in Deutsche Bank Lawsuits Before Judge Al Bennett
– Laws In Texas https://t.co/UzPKvf2Qpe— lawsinusa (@lawsinusa) May 13, 2024
Foreclosure Mill Lawyers Gamesmanship Evident in Deutsche Bank Lawsuits Before Judge Al Bennett
– Laws In Texas https://t.co/UzPKvf2Qpe— lawsinusa (@lawsinusa) May 13, 2024
Foreclosure Mill Lawyers Gamesmanship Evident in Deutsche Bank Lawsuits Before Judge Al Bennett
– Laws In Texas https://t.co/UzPKvf2Qpe— lawsinusa (@lawsinusa) May 13, 2024
Foreclosure Mill Lawyers Gamesmanship Evident in Deutsche Bank Lawsuits Before Judge Al Bennett
– Laws In Texas https://t.co/UzPKvf2Qpe— lawsinusa (@lawsinusa) May 13, 2024