Hofrock v. Freedom Mortgage Corporation
(1:22-cv-00900)
District Court, W.D. Texas, Judge Robert Pitman
SEP 8, 2022 | REPUBLISHED BY LIT: OCT 13, 2022
COMES NOW Plaintiff, Jerry Hofrock, and files his Notice of Dismissal without Prejudice, and would respectfully show the Court as follows:
1. This matter came before the Court as a result of Defendant Freedom Mortgage Corporation’s removal of the case from the Williamson County District Court where it was originally filed.
2. Defendant Freedom Mortgage did not file an answer to Plaintiff’s Original Petition in Williamson County District Court and has not yet filed an answer in this Court.
3. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), Plaintiff Jerry Hofrock hereby dismisses without prejudice his claims against Defendant Freedom Mortgage Corporation.
U.S. District Court [LIVE]
Western District of Texas (Austin)
CIVIL DOCKET FOR CASE #: 1:22-cv-00900-RP
| Hofrock v. Freedom Mortgage Corporation Assigned to: Judge Robert Pitman
Cause: 28:1441 Petition for Removal – Foreclosure |
Date Filed: 09/08/2022 Jury Demand: Defendant Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 10/21/2022 | 8 | Minute Entry for proceedings held before Judge Robert Pitman: Motion Hearing held on 10/21/2022 re 6 Unopposed MOTION to Withdraw as Attorney filed by Jerry Hofrock. (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(cc3) (Entered: 10/24/2022) |
| 12/02/2022 | 9 | NOTICE of Attorney Appearance by William B. Gammon on behalf of Jerry Hofrock. Attorney William B. Gammon added to party Jerry Hofrock(pty:pla) (Gammon, William) (Entered: 12/02/2022) |
| 12/02/2022 | 10 | NOTICE of Voluntary Dismissal by Jerry Hofrock (Gammon, William) (Entered: 12/02/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 12/04/2022 20:35:20 |
No movement since Nov. 15.
Order on Motion to Withdraw as Attorney
NOV 10, 2022
No movement since minute entry of hearing on Oct. 21, which doesn’t determine how long Hofrock was allowed to find new counsel or if he’s proceeding IFP/Pro se. Another obfuscation by Judge Pitman – he’s quite happy to rack ’em up when LIT’s trackin’, must be a fan of that former Chief Judge Konzinski’s statement about the best part of being a judge is NEVER having to say you are sorry.
AUSTIN LAWYER WILLIAM GAMMON: HERE'S WHAT YOU NEED TO KNOW....
STEPHEN CASEY IS A FORMER CLERK, TEXAS SUPREME COURT
Minute Entry for proceedings held before Judge Robert Pitman:
Motion Hearing held on 10/21/2022 re 6 Unopposed MOTION to Withdraw as Attorney filed by Jerry Hofrock.
(Minute entry documents are not available electronically.).
(Court Reporter Lily Reznik.)(cc3) (Entered: 10/24/2022)
U.S. District Court [LIVE]
Western District of Texas (Austin)
CIVIL DOCKET FOR CASE #: 1:22-cv-00900-RP
| Hofrock v. Freedom Mortgage Corporation Assigned to: Judge Robert Pitman
Cause: 28:1441 Petition for Removal – Foreclosure |
Date Filed: 09/08/2022 Jury Demand: Defendant Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 10/11/2022 | 7 | ORDER SETTING TELEPHONE CONFERENCE BY PHONE for 10/21/2022 at 09:30 AM before Judge Robert Pitman. Signed by Judge Robert Pitman. (cc3) (Entered: 10/11/2022) |
| 10/21/2022 | 8 | Minute Entry for proceedings held before Judge Robert Pitman: Motion Hearing held on 10/21/2022 re 6 Unopposed MOTION to Withdraw as Attorney filed by Jerry Hofrock. (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(cc3) (Entered: 10/24/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 10/24/2022 18:46:46 |
PASS THIS ALONG TO OUTLAW RAVI SANDILL:
Ohio Supreme Court Rejects Sealing of Court Documents as to Politician Josh Mandel’s Divorce – Laws In Texas https://t.co/MhPxKPcKiu@MikeEngelhart @emilymiskel @JudgeFergusonTX@uscourts @GovAbbott @BrettBusby @JohnCornyn @HuntonAK
— lawsinusa (@lawsinusa) October 24, 2022
Elder Abuse is a Crime in Texas
Just sayin’
LIT Downloaded the State Complaint/Exhibits for a Reason
Jerry Hofrock is a Thief and a Criminal
Overview
Two real scumbags workin’ together – one a lawyer – the other a civilian who should be wearin’ orange in a jail cell as a prisoner. LIT will be writing an update of this investigation shortly, but it’s basically another con man ‘investor’ and ‘private banker’, who needs to file dubious IFP applications for appeals in State courts, preyin’ on distressed homeowners and bein’ joined by a vexatious, cash-strapped lawyer.
Lawyer Stephen Casey Seeks to Withdraw (Oct. 6)
Having read the motion, it is not legally sufficient to offer such a curt reason to seek to leave the litigation.
See Judge Charles Eskridge’s recent denial.
Relevant to this lawsuit
“Hornsby sued Hofrock for fraud, breach of fiduciary duty, unjust enrichment, and trespass to try title.”
“Texas Business and Commerce Code section 27.01(a) defines fraud as follows:
Fraud in a transaction involving real estate or stock in a corporation or joint stock company consists of a
(1) false representation of a past or existing material fact, when the false representation is
(A) made to a person for the purpose of inducing that person to enter into a contract; and
(B) relied on by that person in entering into that contract; or
(2) false promise to do an act, when the false promise is
(A) material;
(B) made with the intention of not fulfilling it;
(C) made to a person for the purpose of inducing that person to enter into a contract; and
(D) relied on by that person in entering into that contract.
The statute provides that “[a]ny person who violates the provisions of this section shall be liable to the person defrauded for reasonable and necessary attorney’s fees, expert witness fees, costs for copies of depositions, and costs of court.” Id. § 27.01(e).”
Hofrock v. Hornsby, No. 03-14-00505-CV, at *3, 6-7 (Tex. App. June 3, 2016)
U.S. District Court [LIVE]
Western District of Texas (Austin)
CIVIL DOCKET FOR CASE #: 1:22-cv-00900-RP
| Hofrock v. Freedom Mortgage Corporation Assigned to: Judge Robert Pitman
Cause: 28:1441 Petition for Removal – Foreclosure |
Date Filed: 09/08/2022 Jury Demand: Defendant Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Jerry Hofrock | represented by | Stephen Casey Casey Law Office, P.C. P.O. Box 2451 Round Rock, TX 78680 512-257-1324 Fax: 512-853-4098 Email: info@caseylawoffice.us LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Freedom Mortgage Corporation | represented by | Dustin C. George Miller, George & Suggs, PLLC 5601 Democracy Drive, Suite 265 Plano, TX 75024 469-514-9179 Fax: 214-291-5507 Email: dgeorge@mgs-legal.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDBradley James Conway Miller, George & Suggs, PLLC 5601 Democracy Drive, Suite 265 Plano, TX 75024 972-532-0128 Fax: 214-291-5507 Email: bconway@mgs-legal.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 09/08/2022 | 1 |
NOTICE OF REMOVAL by Freedom Mortgage Corporation (Filing fee $402 receipt number ATXWDC-16499423), filed by Freedom Mortgage Corporation. (Attachments: # 1 Exhibit A – State Court Docket, # 2 Exhibit B – State Court Pleadings, # 3 Exhibit C – Declaration of BC, # 4 Civil Cover Sheet, # 5 Civil Cover Sheet Supplemental)(Conway, Bradley) (Entered: 09/08/2022) |
| 09/08/2022 | 2 | ORDERED, that the removing party, if it has not already done so, shall within ten (10) days from the date of this order supplement the record with state court pleadings. Signed by Judge Robert Pitman. (dm) (Entered: 09/08/2022) |
| 09/15/2022 | 3 | Motion to Dismiss for Failure to State a Claim by Freedom Mortgage Corporation. (Attachments: # 1 Proposed Order Granting Defendant’s Motion to Dismiss)(George, Dustin) (Entered: 09/15/2022) |
| 09/30/2022 | 4 | Unopposed MOTION for Extension of Time to File Response/Reply as to 3 Motion to Dismiss for Failure to State a Claim by Jerry Hofrock. (Attachments: # 1 Proposed Order)(Casey, Stephen) (Entered: 09/30/2022) |
| 10/06/2022 | 5 | Unopposed MOTION to Stay Case re 3 Motion to Dismiss for Failure to State a Claim , Unopposed MOTION for Extension of Time to File Response/Reply as to 3 Motion to Dismiss for Failure to State a Claim by Jerry Hofrock. (Attachments: # 1 Proposed Order)(Casey, Stephen) (Entered: 10/06/2022) |
| 10/06/2022 | 6 | Unopposed MOTION to Withdraw as Attorney by Jerry Hofrock. (Attachments: # 1 Proposed Order)(Casey, Stephen) (Entered: 10/06/2022) |
| 10/11/2022 | 7 | ORDER SETTING TELEPHONE CONFERENCE BY PHONE for 10/21/2022 at 09:30 AM before Judge Robert Pitman. Signed by Judge Robert Pitman. (cc3) (Entered: 10/11/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 10/13/2022 06:58:43 |
I currently buy distressed real estate in the Central Texas area from Lenders and individuals who wish to sell fast. I hold or sell to individuals who may prefer to use our private capital method of financing.
I work with individuals who either have a Roth IRA (or I help them get one) or extra capital that they wish to grow safely, predictably and with a yield many times higher than they can earn in a CD.
Proven successful marketing methods and models which I refined over the last few decades.
New secure methods of taking advantage of the huge changes in the current marketplace.
I’ve worked in this niche for a couple of decades. My prior life experiences include being the National Director of Marketing for a couple of large companies.
I was one of the original Green Builders in the city of Austin, and have built one of the most advanced passive solar homes in the country. 30 years of experience in that area.
I have also built 4 retail businesses over the years in my spare time.
Ready to employ specialized knowledge in today’s short sales strategies, wholesaling, HUD purchasing, note structuring, creative and intelligent private funding, probates, stop foreclosures, litigation enhancement against lender violations and a number of other important niches.
I seek to work with others who have integrity and wish to capitalize in today’s opportunities by joining forces or complimenting efforts.
Experience
Director and Floor Sweeper
CAPITAL CAPITOL
Jan 1994 – Present · 28 yrs 10 mos
4013 Hwy 620 N Austin, TX 78734
Utilize private lending knowledge acquired while Natl. Dir. of Marketing for one of the first and largest Note Buyer training organizations in the U.S..
Combined with knowledge of advanced energy conserving and longevity producing construction techniques, to determine the quality and condition of preexisting bargain priced homes in the Central Texas marketplace.
To acquire good ones.
40 years in the Austin marketplace help me to determine some of the best areas for future appreciation and current quality of life. I make these properties available to deserving families through creative financing by generally utilizing private financing.
Sellers–WIN, Buyers–WIN, Private Lenders–WIN
Advertised on Linkedin
Bargain priced home in Bastrop. Psbl OWNER FINANCING. Very nice, well built, no houses on any side of it. Nice subdivision-relaxed restrictions. Trees. Fenced back yard. 3 large bedrooms. 2 large bathrooms. Nice tile and carpet. Extra bonus items. Gate for parking RV, boat or other.
Youtube Channel for Jerry Hofrock has 2 homes from a decade ago listed.
Totally remodeled, nearly everything in this home is brand new, high end brand new. Cute. Great floor plan. 3 bedroom (large). 1 bath (large). Huge tree shaded yards. Fenced back yard. Patio. Laundry room bonus room. Many many extras.
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