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) |
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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) |
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11/21/2022 | 151 | Civil | Foreclosure – Other | |
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| 202226238- 7 Ready Docket |
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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) |
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| 202151458- 7 Disposed (Final) |
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| 202131033- 7 Disposed (Final) |
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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 | |||
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| 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
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