LIT UPDATE & COMMENTARY
SEP 12, 2024
Soliz v. PHH Mortgage Corporation
(4:22-cv-03888)
District Court, S.D. Texas
Judge Lynn Hughes Judge Drew Tipton
NOV 7, 2022 | REPUBLISHED BY LIT: NOV 11, 2022
Jun 22, SEP 6, OCT 5 24, 2023
FEB 15, APR 30,
JUL 30 SEP 12, 2024
New Judge, Ancient Ochlocracy Applies to New Access to Justice and Accountability Rules Made by Outlaws in Texas Federal Courts
PHH AND LOCKE LORD ACCOMMODATING CRIMINAL THIEF TIME AND TIME AGAIN: ARE Y’ALL SURE HE’S NOT REPRESENTED BY KEN PAXTON?
Rogue lawyer Erick Delarue knew that David Soliz stole $200k from two rent to buy victims he signed a sales contract with on residential property. DeLaRue knew Soliz has a delinquent mortgage on the property and clearly knew PHH Ocwen were foreclosing, as he is the lawyer in the case below, defending Soliz in an lawsuit commenced by the scammed tenants/buyers and their counsel.
Has Soliz disclosed his criminal convictions on any loan modification or loan applications since the purchase of these homes?
Briefing complete: Order Up Next...
Scroll down and read David Soliz COA1 appeal…no lawyer…no appellant brief filed (late) and refresh yourselves on his recent and past criminal acts.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-03888
| Soliz v. PHH Mortgage Corporation et al Assigned to: Judge Drew B Tipton
Cause: 28:1331 Fed. Question |
Date Filed: 11/07/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Federal Question |
| Date Filed | # | Docket Text |
|---|---|---|
| 10/12/2023 | 16 | MOTION for Erick DeLaRue to Withdraw as Attorney by David Soliz, filed. Motion Docket Date 11/2/2023. (Attachments: # 1 Proposed Order)(DeLaRue, Erick) (Entered: 10/12/2023) |
| 10/17/2023 | 17 | NOTICE of Setting re: 16 MOTION for Erick DeLaRue to Withdraw as Attorney. Parties notified. Motion Hearing set for 10/23/2023 at 01:45 PM in Courtroom 8C before Judge Drew B Tipton, filed. Plaintiff David Soliz is instructed to attend the hearing with counsel in person. Counsel for Defendants may appear via Zoom: https://www.zoomgov.com/j/1610690763?pwd=Y1ZydDU3TWxIUDNla0FrSjVxN1FvUT09 Meeting ID: 161 069 0763 Passcode: 307095 Dial by your location +1 669 254 5252 US (San Jose) +1 646 828 7666 US (New York) +52 815 351 6659 (Mexico) Per L.R. 83.7 Except by leave of the presiding judge, no photo- or electro-mechanical means of recordation or transmission of court proceedings is permitted. (KelliePapaioannou, 2) (Entered: 10/17/2023) |
| 10/26/2023 | 18 | Joint MOTION for Continuance of Trial and to Amend the Scheduling Order by PHH Mortgage Corporation, filed. Motion Docket Date 11/16/2023. (Attachments: # 1 Proposed Order Granting Joint Motion for Trial Continuance and to Amend the Scheduling Order)(Turner, Helen) (Entered: 10/26/2023) |
| 11/03/2023 | 19 | ORDER granting 18 Joint MOTION for Continuance of Trial and to Amend the Scheduling Order. ( Mediation due by 3/1/2024., Pretrial Motions due by 2/16/2024., Joint Pretrial Order and Motion in Limine due by 4/25/2024., Docket Call set for 5/9/2024 at 02:00 PM in Courtroom 8B before Judge Drew B Tipton)(Signed by Judge Drew B Tipton) Parties notified.(JacquelineMata, 4) (Entered: 11/06/2023) |
| 02/15/2024 | 20 | Joint MOTION for Continuance of Trial and to Amend the Scheduling Order by PHH Mortgage Corporation, filed. Motion Docket Date 3/7/2024. (Attachments: # 1 Proposed Order Granting Second Joint Motion for Trial Continuance and to Amend the Scheduling Order)(Turner, Helen) (Entered: 02/15/2024) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 02/15/2024 15:55:55 |
Erick Delarue files to withdraw, Judge Drew Tipton orders both foreclosure defense lawyer Delarue and plaintiff Soliz attendance in person at hearing (Oct 23). No hearing notes on pacer, followed by a joint notice for continuance on Oct. 26.
Motion Hearing
Notice of Setting/Resetting (FORM, noticing) – Civil
Withdraw as Attorney
NOTICE of Appearance by Matthew K Hansen of Locke Lord on behalf of Ocwen Loan Servicing, LLC, PHH Mortgage Corporation, filed.
(Hansen, Matthew) (Entered: 07/19/2023)
Judge Hughes steps into Snr status and Tipton takes over his caseload (100%, which is unusual to say the least).
Discovery ORDER. By 9/1/2023, discovery must be completed. By 9/29/2023, the parties may move dispositively. By 10/12/2023, the parties must jointly report as ordered. Internal review set for 10/16/2023. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) (Entered: 12/28/2022)
Can't Locate the Docket Since Appearance (Jul. 19, 2023)
Judge Hughes Recently Had Bandit DeLaRogue In His Chambers...
DAVID SOLIZ vs. JGANNON HELSTOWSKI LAWFIRM
JP02-23-SC00024193
SEP 25, 2023 | REPUBLISHED BY LIT: APR 30, 2024
I paid for the docs, downloaded the zip, open the zip up, the pdf is 0 bytes so its empty and returns an erro.
——————
Submitted from: https://research.txcourts.gov/
Attachment(s)
B1029780.zip
Hello Mark,
Thank you for contacting Tyler Technologies re:Search Technical Support! I’m going to refresh the case and trouble shoot the documents.
I’ll let you know what I find.
Regards,
Jack
re:Search Technical Support
Jack, any update on this?
Hey Mark,
I couldn’t repair the documents. I can refund the purchase for you or submit a ticket to have the Dev team investigate the issue.
Let me know how you’d like to proceed.
Regards,
Jack
re:Search Technical Support
Hi Jack,
Ticket please.
Cheers
Mark
It’s been 2 weeks Jack. What’s going on?
Good Afternoon Mark,
The Product team informed us that we would have to issue a refund for the purchase. The case has no data for the files, so while they are displayed the link is essentially an empty bookmark.
Please let us know if you have any further questions or concerns.
Regards,
Jack
re:Search Technical Support
That makes no sense Jack. There’s a motion by a pro se and you’re telling me it’s empty? Try and reword that in a logical statement.
Hey Mark,
The document is not available through our site. You will need to contact the court directly for the files.
I will notify you when the refund has been processed.
202266023
SOLIZ, DAVID vs. J AND B HICKS INC. ET AL
(Court 080, JUDGE JERALYNN MANOR)
OCT 7, 2022 | REPUBLISHED BY LIT: OCT 10, 2022
Memorandum opinion issued – dismissed Aug. 8, 2024, rehearing not filed.
Court of Appeals for the First District of Texas at Houston
Notice of Intent to Dismiss for Want of Jurisdiction
Appellate case name: David Soliz v. J and B Hicks et al, Jerry Hicks, Delores Hicks and Dustin Dietert
Appellate case number: 01-23-00604-CV Trial court case number: 2022-66023
Trial court: 80th District Court of Harris County
07/29/2024: Response due regarding jurisdiction – No answer as at 07/30/2024
Court of Appeals for the First District of Texas at Houston
Notice of Intent to Dismiss for Want of Jurisdiction
Appellate case name: David Soliz v. J and B Hicks et al, Jerry Hicks, Delores Hicks and Dustin Dietert
Appellate case number: 01-23-00604-CV Trial court case number: 2022-66023
Trial court: 80th District Court of Harris County
The Court’s records indicate that this appeal is subject to dismissal for lack of jurisdiction. Appellant’s August 16, 2023 notice of appeal seeks to appeal the trial court’s July 17, 2023 order denying a motion for new trial. But “[a]n order denying a motion for new trial is not independently appealable.” Fletcher v. Ahrabi, No. 01-12-00794-CV, 2012 WL 6082915, at *1 (Tex. App.—Houston [1st Dist.] Dec. 6, 2012, no pet.) (mem. op.) (citing Overka v. Bauri, No. 14-06-00083, 2006 WL 2074688, at *1 & n.1 (Tex. App.— Houston [14th Dist.] July 27, 2006, no pet.) (mem. op.)); see also Wilson v. Avendano, No. 01-21-00631-CV, 2021 WL 5903920, at *1 (Tex. App.—Houston [1st Dist.] Dec. 14,
2021, no pet.) (mem. op.) (“[A]n order denying a post-judgment motion does not exist separate from the underlying, appealable judgment, and is not independently appealable.”).
The record indicates that the appealable judgment in the underlying case was the final judgment signed on April 28, 2023. The time for filing a notice of appeal runs from the signing of the final judgment, not the subsequent denial of a motion for new trial. See TEX. R. APP. P. 26.1(a)(1).
Even if the Court were to construe appellant’s August 16, 2023 notice of appeal as an attempt to appeal the final judgment signed on April 28, 2023, the notice of appeal was untimely filed 110 days after the judgment.
See TEX. R. APP. P. 26.1 (requiring notice of appeal to be filed within 30 days after judgment is signed or within 90 days after judgment is signed if party timely files motion for new trial).
Absent a timely filed notice of appeal, an appellate court lacks jurisdiction over the appeal. See TEX. R. APP. P. 25.1.
Accordingly, the Court has directed me to notify you that, unless you file a written response to this notice, providing a detailed explanation, citing relevant portions of the record, statutes, rules, and case law demonstrating that this Court has jurisdiction over the appeal, the Court may dismiss this appeal for want of jurisdiction without further notice. See TEX. R. APP. P. 42.3(a). Any response must be filed within 10 days of the date of this notice.
Clerk’s signature: /s/ Deborah M. Young
Date: July 18, 2024
David Soliz brief was due at COA1 on Feb. 5, 2024. It’s 10 days past due.
Court of Appeals Fee Due
So after we stated that the brief was well past due, nearly a month later on Mar. 11, 2024 Soliz appears and asks for an extension which would be granted.
His brief is due today, Apr. 30, 2024.
Motion to compel Soliz to answer discovery etc set for hearing on March 6, 2023, in person.
Nov 3: Defendants’ Original Answer (no removal filed on the state court docket as at Nov. 11)
Waitin’ for service to be completed n’ returned.
Ex wife takes business, Apple Maids upon divorce.
Rogue Lawyer Erick DeLaRue is Representing Thief and Convicted Felon David Soliz in Two Conflicting Court Cases and now there’s the $200k theft intervention and Soliz has filed a pro se lawsuit. Is DeLaRogue still on the case? If so, he’s not filin’ https://t.co/noRdA1utoe
— lawsinusa (@lawsinusa) October 14, 2022
202258560
SOLIZ, DAVID vs. PHH MORTGAGE CORPORATION
SEP 14, 2022 | REPUBLISHED BY LIT: SEP 15, 2022
Rogue lawyer Erick Delarue knew that David Soliz stole $200k from two rent to buy victims he signed a sales contract with on this residential property. DeLaRue knew Soliz has a delinquent mortgage on the property and clearly knew PHH Ocwen were foreclosing, as he is the lawyer in the case below, defending Soliz in an lawsuit commenced by the scammed tenants/buyers and their counsel.
Is PHH aware of this?
Did Soliz disclose on the original loan this was a rental home and again in the loan modification applications?
Both the Fort Bend main residence and the Harris County residential property were purchased/inherited in 2005.
Has Soliz disclosed his criminal convictions on any loan modification or loan applications since the purchase of these homes?
Defendant’s Notice to State Court of Removal – see above.
Service completed and returned for PHH and Ocwen (Oct 28).
No movement on docket since intervention.
There’s no update, remember, the case is before Judge Ursula Hall.…
The Soliz Residence; 16 Fosters Ct Sugar Land TX 77479
202235692
GONZALEZ, MARIO vs. SOLIZ, DAVID S
(Court 011, JUDGE KRISTEN HAWKINS)
JUN 14, 2022 | REPUBLISHED BY LIT: SEP 15, 2022
Mario Gonzalez and Teresa Uyoa signed a sales contract to purchase the property at 530 W Bertrand St Houston TX 77037 for $238K. They gave Soliz $196K down-payment and have paid more than $200k before realizing the home is in foreclosure and Soliz scammed them out of their ‘life savings’.
DeLaRue is representing Soliz in the defense of this case.
Attorney Sonya Chandler Anderson Notice of Appearance
ORDER RESETTING TRIAL
ORDER GRANTING WITHDRAWAL OF ATTORNEY SIGNED
The case should have been DWOP’d – no movement in nearly a year.
No movement since docket control order on Nov. 16
No movement since docket control order on Nov. 16
There’s no movement on the docket, maybe they’re all mediatin’…off the record.
The Soliz Rent to Buy Property (in foreclosure) ; 530 W Bertrand St Houston TX 77037
David Salinas Soliz and Leticia Soliz
(18-32725)
United States Bankruptcy Court, S.D. Texas, Judge Jeffrey Norman
MAY 25, 2018 | REPUBLISHED BY LIT: SEP 15, 2022
Soliz v. State
No. 01-20-00192-CR
(Tex. App. Aug. 17, 2021)
AUG 17, 2021 | REPUBLISHED BY LIT: SEP 15, 2022
After appellant, David S. Soliz, without agreed punishment recommendations from the State, pleaded guilty to the felony offenses of insurance fraud and forgery of a commercial instrument, the trial court assessed appellant’s punishment at confinement for two years for each offense, suspended the sentences, placed appellant on community supervision for five years for each offense, and ordered that appellant pay $2,200 in restitution related to the insurance fraud offense.
In three issues, appellant contends that the trial court erred in denying his motion to withdraw his guilty pleas, his trial counsel provided him with ineffective assistance of counsel, and the record does not support the trial court’s restitution order.
We modify the portion of trial court’s judgment in trial court cause number 1560682, titled, “Terms of Plea Bargain,” to delete “2 YEARS STJ PROBATED 5 YEARS AND RESTITUTION FEE,” and we modify the portion of the trial court’s judgment in trial court cause number 1560683 titled, “Terms of Plea Bargain,” to delete 2 YEARS STJ PROBATED FOR 5 YEARS.” See TEX. R. APP. P.
We affirm the judgments of the trial court as modified.
201562923
SUNTRUST BANK vs. SOLIZ, DAVID S
OCT 21, 2015 | REPUBLISHED BY LIT: SEP 15, 2022
This is how David S. Soliz mind works, like a fraudster and criminal that he is.
Soliz v. State,
No. 14-99-01095-CR
(Tex. App. Oct. 28, 2003)
OCT 28, 2003 | REPUBLISHED BY LIT: SEP 15, 2022
David Salinas Soliz found guilty of PERJURY. $500 fine and one year suspended jail sentence.
Mortgage Debt Buyer and Servicer CMG Mortgage Inc. Fires Rogue Foreclosure Mill BDF Hopkins
Maybe BDF Hopkins are only retained when there’s a bandit foreclosure defense lawyer like Erick Joseph Delarue in the Higa foreclosure.
A Death Leads to a Notice to Vacate By a Feuding Family According to Erick Delarue
10627 Eagle Glen Dr Houston TX 77041
The Browns Go To Bandit Lawyer Erick DeLaRue
Jason and Christy Brown face eviction from rental property.
