Debt Collector

Snap! Hirsch Westheimer is Repeatedly Removing Cases to Federal Court

Pro se Plaintiff failed to state a claim upon which relief may be granted and therefore each of Plaintiff’s claims should be dismissed.

Duhon v. US Bank Trust National Association, not in its individual capacity, but solely as trustee of Citigroup Mortgage Loan Trust 2020-RP2 as improperly named

(4:22-cv-01161)

District Court, S.D. Texas

APR 11, 2022 | REPUBLISHED BY LIT: APR 12, 2022

No movement since Apr 25.

DUHON’s ORIGINAL STATE COMPLAINT

DEFENDANTS’ NOTICE OF FILING REMOVAL

On April 11, 2022, Defendants, US Bank Trust National Association, not in its individual capacity, but solely as trustee of Citigroup Mortgage Loan Trust 2020-RP2 as improperly named (“Trustee”) and Select Portfolio Servicing, Inc. (“SPS”) (collectively, “Defendants”) filed the attached Notice of Removal (without exhibits – documents previously filed in the above-styled case) in the Office of the Clerk of the United States District Court for the Southern District of Texas, Houston Division.

See attached Exhibit “A”.

Respectfully submitted,

HIRSCH & WESTHEIMER, P.C.

By: /s/ Michael F. Hord Jr.

Michael F. Hord Jr.
State Bar No. 00784294

Eric C. Mettenbrink
State Bar No. 24043819

1415 Louisiana,
36th Floor Houston,
Texas 77002-2772
713-220-9182 Telephone
713-223-9319 Facsimile
E-mail: mhord@hirschwest.com
Email: emettenbrink@hirschwest.com

ATTORNEYS FOR DEFENDANTS

CERTIFICATE OF SERVICE

I hereby certify that on this 11th day of April, 2022 a true and correct copy of the foregoing document was served as follows:

Gerald Duhon Pro Se
11322 Stoney Falls Drive
Houston, Texas 77095
Jerry1duhon@yahoo.com

Via E-Service,
U.S. Regular Mail,
CM RRR 9414 7266 9904 2180 6014 09

/s/ Michael F. Hord Jr. Michael F. Hord Jr.

DEFENDANTS’ ORIGINAL ANSWER

Defendants, US Bank Trust National Association, not in its individual capacity, but solely as trustee of Citigroup Mortgage Loan Trust 2020-RP2 as improperly named (“Trustee”) and Select Portfolio Servicing, Inc. (“SPS”) (collectively, “Defendants”) file this Original Answer to Gerald Duhon’s (“Plaintiff”) Original Petition, and would respectfully show unto the Court as follows:

GENERAL DENIAL

Defendants, pursuant to Rule 92 of the Texas Rules of Civil Procedure, generally deny all of the claims as alleged by Plaintiff and respectfully pray that Plaintiff be required to prove its claims as alleged by a preponderance of the evidence or such higher standard as may be applicable.

AFFIRMATIVE DEFENSES

1. Plaintiff failed to state a claim upon which relief may be granted and therefore each of Plaintiff’s claims should be dismissed.

2. Defendants plead that Plaintiff has failed to plead and prove conditions precedent to recovery herein.

3. Defendants plead the statute of frauds.

4. Defendants plead waiver, estoppel and ratification.

5. Defendants plead a failure of consideration for any breach of contract claim, if any.

6. Defendants plead that Plaintiff lacks standing.

7. Defendants plead the statute of limitations.

8. Defendants plead res judicata and collateral estoppel.

9. Defendants plead judicial estoppel and all forms of estoppel.

10. Defendants plead that the “economic loss rule” precludes all tort claims by Plaintiff.

11. Plaintiff’s claims are precluded, in whole or part, because any alleged acts and/or omissions of Defendants were not the cause of Plaintiff’s alleged damages.

Rather, Plaintiff’s damages, if any, were proximately caused by the act, omissions or breaches of other persons and/or entities, including Plaintiff, and the acts, omissions or breaches were intervening and superseding causes of Plaintiff’s damages, if any.

12. Plaintiff’s damages, if any, were proximately caused by the acts, omissions, or breaches of other persons and entities, including Plaintiff, and the acts, omissions, or breaches were intervening and superseding causes of Plaintiff’s damages, if any.

Defendants plead the doctrine of comparative responsibility as provided in Chapter 33 of the TEX. CIV. PRAC. & REM. CODE, and its application to any tort claim (intentional or otherwise) of the Plaintiff that may be alleged against Defendants.

13. Plaintiff has failed to mitigate its damages, if any.

14. Defendants are not liable for the act, omissions, or conduct of other persons or entities not authorized to act on behalf of them and Defendants are not liable for the act, omissions of its agents, if any, who exceeded the scope of their authority.

15. Any claim for punitive or exemplary damages is subject to the limitations and constraints of Due Process found in the Fifth and Fourteenth Amendments to the United States Constitution.

16. Defendants plead bankruptcy tolling, common law tolling, equitable tolling, abandonment of any alleged acceleration of the subject loan obligations, and all tolling of the statute of limitations available at law or in equity, including but not limited to tolling under §16.063 of the Texas Civil Practice and Remedies Code.

WHEREFORE, PREMISES CONSIDERED, Defendants respectfully pray that Plaintiff takes nothing by reason of the claims alleged against it, that Defendants recover its taxable court costs, and that Defendants recover such other and further relief to which this Court deems it to be justly entitled.

Respectfully submitted,

Automated Certificate of eService

This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Envelope ID: 63453541

Status as of 4/11/2022 2:45 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status
Gerald Duhon Jerry1duhon@yahoo.com 4/11/2022 1:56:11 PM SENT
Michael F.Hord mhord@hirschwest.com 4/11/2022 1:56:11 PM SENT
Eric Mettenbrink emettenbrink@hirschwest.com 4/11/2022 1:56:11 PM SENT

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U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01161

Create an Alert for This Case on RECAP

Duhon v. US Bank Trust National Association, not in its individual capacity, but solely as trustee of Citigroup Mortgage Loan Trust 2020-RP2 as improperly named et al
Assigned to:

Case in other court:  269th District Harris County, 202218944

Cause: 28:1331 Fed. Question

Date Filed: 04/11/2022
Jury Demand: None
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Federal Question
Plaintiff
Gerald Duhon represented by Gerald Duhon
11322 Stoney Falls Drive
Houston, TX 77095
Email: Jerry1duhon@yahoo.com
PRO SE
V.
Defendant
US Bank Trust National Association, not in its individual capacity, but solely as trustee of Citigroup Mortgage Loan Trust 2020-RP2 as improperly named represented by Eric Craig Mettenbrink
Hirsch and Westheimer
1415 Louisiana
36th Floor
Houston, TX 77002
713-223-5181
Fax: 713-223-9319
Email: emettenbrink@hirschwest.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDMichael F Hord , Jr
Hirsch Westheimer PC
1415 Louisiana
36th Floor
Houston, TX 77002-2772
713-220-9182
Fax: 713-223-9319
Email: mhord@hirschwest.com
ATTORNEY TO BE NOTICED
Defendant
Select Portfolio Servicing, Inc. represented by Eric Craig Mettenbrink
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDMichael F Hord , Jr
(See above for address)
ATTORNEY TO BE NOTICED

 

Date Filed # Docket Text
04/11/2022 1 NOTICE OF REMOVAL (Filing fee $ 402 receipt number ATXSDC-28012398) filed by Select Portfolio Servicing, Inc., US Bank Trust National Association, not in its individual capacity, but solely as trustee of Citigroup Mortgage Loan Trust 2020-RP2 as improperly named. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit C-1, # 5 Exhibit C-2, # 6 Civil Cover Sheet)(Hord, Michael) (Entered: 04/11/2022)
04/12/2022 2 CERTIFICATE OF INTERESTED PARTIES by Select Portfolio Servicing, Inc., US Bank Trust National Association, not in its individual capacity, but solely as trustee of Citigroup Mortgage Loan Trust 2020-RP2 as improperly named, filed.(Hord, Michael) (Entered: 04/12/2022)
Snap! Hirsch Westheimer is Repeatedly Removing Cases to Federal Court
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