Bounty Hunters

Rodney Underwood Locates Houston Attorney Aaron McCardell for Year 19 Litigation Against PHH

In 2006, Underwood’s home was sold for $17k at foreclosure auction. He’s been litigating for a total of 19 years. Now he’s back.

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

 

U.S. Bankruptcy Court
Southern District of Texas (Houston)
Bankruptcy Petition #: 24-35213

Assigned to: Bankruptcy Judge Jeffrey P Norman
Chapter 13
Voluntary
Asset

 

 

Date filed:   11/04/2024
341 meeting:   12/11/2024
Deadline for filing claims:   01/13/2025
Deadline for filing claims (govt.):   05/05/2025

 

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

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, 2023Sep 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)

RODNEY UNDERWOOD’S HARRIS COUNTY LITIGATION AND ASSUMED NAMES

File Number Term Name and Address Status
Type
Date
Pgs Film Code
T171204 10
Business:  AN UPLIFTING HEALTCHARE & NUTITION AGENCY
P.O. BOX 8241 HOUSTON TX 77288
Owner:     UNDERWOOD RODNEY EDWARD
2221 WENTWORTH HOUSTON TX 77004
Unincorporated
03/19/2015
1 243854188
B424887 10
Business:  UPLIFTING IT TAKES A VILLAGE
Po Box 8241 Houston TX 77288
Owner:     Underwood Rodney Edward
22221 Wentworth Houston TX 77004
Expired
Unknown
08/30/2007
1 238872894
B424474 10
Business:  UPLIFT HOUSE IT TAKES A VILLAGE
Po Box 8241 Houston TX 77288
Owner:     Underwood Rodney Edward
2221 Wentworth Houston TX 77004
Expired
Unknown
08/22/2007
1 238871520
954882 10
Business:  UPLIFT HOUSE
P.O. Box 8241 Houston TX 77004
Owner:     Underwood Rodney E
2221 Underworth Houston TX 77004
Expired
Unknown
05/28/1999
1 227002495
936312 10
Business:  R.E.U. DEVELOPMENT
P O Box 8241 Houston TX 77004
Owner:     Underwood Rodney
2221 Wentworth Houston TX 77004
Expired
Unknown
01/15/1998
1 226881388
880723 10
Business:  UPLIFT DEVELOPEMENT
P O Box 8241 Houston TX 77004
Owner:     Underwood Rodney E
2221 Wentworth Houston TX 77004
Expired
Unknown
05/18/1994
1 221981602
759641 10
Business:  UPLIFT HOUSE FOR THE HOMELESS
6619 Cresthill Houston TX 77004
Owner:     Underwood Rodney E
2221 Wentworth Houston TX 77004
Expired
Unknown
07/18/1988
1 214870144
604284 10
Business:  UPLIFT DEVELOPEMENT
2221 Wentworth Houston TX
Owner:     Underwood Rodney E
Expired
Unknown
12/29/1983
1 209810235
548213 10
Business:  DELUXE CAFETERIA
1402 Savlinier Houston TX
Owner:     Underwood Rodney E
Expired
Unknown
09/21/1982
1 207911754
502326 10
Business:  DELUXE CATERING CO
2221 Wentworth Houston TX 77004
Owner:     Lee Laurence G Etal
Owner:     Underwood Rodney E Etal
Expired
Unknown
09/11/1981
1 206910289
481289 10
Business:  A-1 TRANSPORTATION
2221 Wentworth Houston TX 77004
Owner:     Underwood Rodney E
Expired
Unknown
03/24/1981
1 206820615
385709 10
Business:  UNDERWOOD CONSTRUCTION
2221 Wentworth Houston TX 77004
Owner:     Underwood Rodney E
Expired
Unknown
12/01/1978
1 204820131
1232670 10
Business:  UPLIFT HOUSE FOR THE HOMELESS
6636 BELFORT HOUSTON TX 77087
Owner:     UNDERWOOD RODNEY EDWARD
2221 WENTWORTH ST HOUSTON TX 77004
Unincorporated
03/25/2022
1 ASN-2022-13576
1123310 10
Business:  A UPLIFTING HEALTH CARE AND NUTRITION AGENCY
PO 8241 HOUSTON TX 77288
Owner:     UNDERWOOD RODNEY EDWARD
2221 WENTWORTH HOUSTON TX 77004
Expired
Unincorporated
08/30/2013
1 242860572
1120661 10
Business:  UPLIFT CARE
P.O. BOX 8241 HOUSTON TX 77288
Owner:     UNDERWOOD RODNEY EDWARD
2221 WENTWORTH HOUSTON TX 77004
Expired
Unincorporated
06/06/2013
1 242831037
1120660 10
Business:  UPLIFT DEVELOPMENT
P.O. BOX 8241 HOUSTON TX 77288
Owner:     UNDERWOOD RODNEY EDWARD
2221 WENTWORTH HOUSTON TX 77004
Expired
Unincorporated
06/06/2013
1 242831036
1024346 10
Business:  UPLIFT DEVELOPMENT
P.O. Box 8241 Houston TX 77288
Owner:     Underwood Rodney Edward
2221 Wentworth Houston TX 77004
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

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)

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, 2016Dec 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

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

Case in other court:  269th Judicial District Court, Harris County, TX, 23-67516

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

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

Case in other court:  269th Judicial District Court, Harris County, TX, 23-67516

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

Case in other court:  269th Judicial District Court, Harris County, TX, 23-67516

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

Case in other court:  269th Judicial District Court, Harris County, TX, 23-67516

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

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
SEP 30, OCT 13, NOV 13, 2023
JAN 29, 2024

Above is the date LIT Last updated this article:

Last Case (see below) Dismissed without Prejudice Earlier this Month

“ORDERED that the Courts caption will be revised to reflect PHH Mortgage Corporation as the proper defendant in this case.” – Judge Hanks

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.

Underwood v. PHH Mortgage Corporation

(4:23-cv-02752)

District Court, S.D. Texas

JUL 26, 2023 | REPUBLISHED BY LIT: SEP 9, 2023
SEP 9 13, 2023

Above is the date LIT Last updated this article:

Dismissed without Prejudice

“ORDERED that the Courts caption will be revised to reflect PHH Mortgage Corporation as the proper defendant in this case.” – Judge Hanks

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

Case in other court:  151st Judicial District Court, Harris County, TX, 23-40971

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

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

Wild West Hired Guns Misfire: PHH ONITY’s Cooked-Up n’ Cockamamie Arguments Implode

Judge Werlein recused in July and hence ONITY’s argument is frivolous, and their motion for summary judgment violates court procedures.

Southern District Court in Houston: Addressing the Missing USPS Express Mail with Specificity

All non-attorney pro se litigants must deliver or mail filings to the Clerk’s Office, as per SD TX Guidelines for Litigants Without Lawyers.

It’s Bags to Riches Doug Aguilar Representing the Estate of Willie Brown to Stop Foreclosure

Doug Aguilar was the broker for the Estate using the moniker Property Solutions of Texas c/o a known virtual office Woodlands address.

Rodney Underwood Locates Houston Attorney Aaron McCardell for Year 19 Litigation Against PHH
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