Bankers

The Battle Begins for Alan, up Against the Chief of the Southern District, et al

Borrower is allegedly currently past due for the December 1, 2019 payment and all subsequent payments due under the Note.

Why would HSBC not pursue a foreclosure when the homeowner has not responded, which would result in a judgment of foreclosure by default?

Why is HSBC allowed to dismiss WITHOUT PREJUDICE when they’ve made a complaint and for no good reason, seek dismissal without prejudice, which means they can refile tomorrow if they want?

These are the problems created by both the federal and state judiciary when they chose banks over citizens.

In some states, a lender cannot have 2, 3, 4, 5 or indeed unlimited bites at a homeowner to steal their homestead. If they dismiss a case, the lender cannot seek to foreclose again.

In Texas, the laws have been dramatically changed in recent years to ensure that Banks can do what they want, when they want and it is now easier to collect on a debt with a secured asset, e.g. your home, than it is chasing a credit card or unsecured loan debt.

How ridiculous is that?

That’s right, for unsecured debt, there is a statute of limitations.

There was a statute of limitations for foreclosures as well, but then the judiciary made up nonsensical opinions to allow lenders to ‘accelerate’ and ‘abandon’ acceleration (of the debt/foreclosure) at any time, thus erasing any and all statute of limitations.

That’s not all.

Then there’s the new ‘equitable subrogation’ laws, which means ‘pass the parcel’ is fine, any rogue debt collector can be assigned to your mortgage and chase you for alleged unpaid past mortgage debt without question or time limit.

It’s farcical, and we blame congress as much as the judiciary for allowing these corrupt ‘precedential’ court opinions to be applied without question and correction by the legislative branch. They are standing down and letting the citizens lose their homes, their futures and their belief that the government is supposed to care for their own. Instead, the people’s legal rights are being trampled upon and their homesteads, in many instances, stolen by corrupt new property laws.

NOTICE OF DISMISSAL WITHOUT PREJUDICE

Plaintiff, HSBC Bank USA, National Association, as Trustee for People’s Choice Home Loan Securities Corp., People’s Choice Home Loan Securities Trust Series 2005-1, Mortgage- Backed Notes, Series 2005-1 (“Plaintiff” or “Trustee”) hereby file this Notice of Dismissal without Prejudice pursuant to Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure, and would respectfully show unto the Court as follows:

  1. Plaintiff filed this action on January 10, 2022. Defendant has been served but has not yet appeared in this action, therefore his consent for dismissal is not required.
  2. Plaintiff hereby dismisses all claims against Defendant, Alan Battle (“Defendant”) without prejudice.
  3. This Notice disposes of all pending claims.

WHEREFORE, PREMISES CONSIDERED, all claims and causes of action brought by Plaintiff against Defendant are dismissed without prejudice.

Respectfully submitted,

By: /s/ Michael F. Hord Jr.    

Michael F. Hord Jr.
State Bar No. 00784294
Federal I.D. No. 16035

Eric C. Mettenbrink
State Bar No. 24043819
Federal I.D. No. 569887

HIRSCH & WESTHEIMER, P.C.
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 PLAINTIFF

 

HSBC Bank USA v. Battle

(4:22-cv-00090)

District Court, S.D. Texas

JAN 10, 2022 | REPUBLISHED BY LIT: JAN 11, 2022

PLAINTIFF’S ORIGINAL COMPLAINT

Plaintiff, HSBC Bank USA, National Association, as Trustee for People’s Choice Home Loan Securities Corp., People’s Choice Home Loan Securities Trust Series 2005-1, Mortgage- Backed Notes, Series 2005-1 (“Plaintiff” or “Trustee”) files this its Original Complaint against Alan Battle (“Defendant” or “Borrower”), and would respectfully show the Court as follows:

I. PARTIES, JURISDICTION, AND VENUE

1. HSBC Bank USA, National Association is the trustee of a trust. When determining the citizenship of the real parties in interest for purposes of diversity jurisdiction, it is the citizenship of the trustee which controls, not the citizenship of the beneficiaries of the trust.1 HSBC Bank USA, National Association is now and was at the commencement of this action and all intervening times, a national banking association that has its principal office in Virginia. Therefore, as a national banking association organized under the laws of the United States,

1      Navarro Sav. Assoc. v. Lee, 446 U.S. 458, 464-66 (1980); Manufacturers and Traders Trust Co. v. HSBC Bank USA, N.A., 564 F.Supp.2d 261, 263 (S.D.N.Y. 2008).

HSBC Bank USA, National Association and thus Trustee are citizens of Virginia for diversity purposes.2

2. Defendant is a citizen of Texas, who may be served with process at 3284 North McGregor Way, Houston, TX 77004 or at such other place as he may be found. Summons is requested.

3. This Court has jurisdiction over the controversy under 28 U.S.C. Section 1332 because there is complete diversity between the Plaintiff and Defendant and the amount in controversy exceeds $75,000.00. In this suit, Plaintiff seeks to foreclose on its lien interest on certain real property.

When seeking foreclosure pursuant to a lien securing the repayment of a debt, the outstanding amount owed on the debt is the amount in controversy.3

The current payoff amount due on the underlying note is in excess of $75,000.00 and the value of the Property exceeds $75,000.00. Accordingly, the amount in controversy requirement has been met.

4. Venue is proper in the Southern District of Texas, Houston Division, under 28 U.S.C. § 1391(b)(2) because this suit concerns title to real property located in Harris County, Texas.

2      28 U.S.C. § 1348; Wachovia Bank v. Schmidt, 546 U.S. 303, 307 (2006) (“[A] national bank, for 1348 purposes, is a citizen of the State in which its main office, as set forth in its articles of association, is located.”).

3      Farmers Bank of Alexandria v. Hooff, 32 U.S. 168, 170 (U.S. 1833).

II. FACTS

5. On or about December 10, 2004, for value received, Borrower executed that certain Texas Home Equity Fixed/Adjustable Rate Note (the “Note”), originally payable to People’s Choice Home Loan, Inc., (“People’s Choice”) in the original principal amount of$272,000.00 plus interest as set forth in the Note. A true and correct copy of the Note is attached hereto as Exhibit “1” and incorporated by reference.

6. Concurrently with the Note, Borrower executed that certain Texas Home Equity Security Instrument recorded in Harris County, Texas as Instrument No. Y151359 (the “Security Instrument” and together with the Note, the “Loan”), as grantor, granting a security interest in certain real property and improvements. A true and correct copy of the Security Instrument is attached hereto as Exhibit “2” and incorporated by reference. The property is more particularly described as:

LOT 6, BLOCK 4, OF NORTH MACGREGOR OAKS, AN ADDITION IN HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN VOLUME 998, PAGE 379, OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS.

and has commonly been described as 3284 North McGregor Way, Houston, TX 77004 (the “ Property”).

7. Also, on or about December 10, 2004 Borrower executed a Texas Home Equity Affidavit and Agreement confirming that the Loan was a Texas Home Equity Loan, among other things as recorded in the real property records of Harris County, Texas as Instrument No. Y151360. A true and correct copy of the Texas Home Equity Affidavit and Agreement is attached hereto as Exhibit “3” and incorporated by reference.

8. As evidenced by the Deed of Trust, Mortgage Electronic Registration Systems, Inc. (“MERS”) was nominee for the original Lender and its successors and assigns under the Security Instrument.

9. MERS assigned the Deed of Trust to HSBC Bank USA, National Association (“HSBC”) as memorialized by an Assignment recorded in Harris County as Instrument no. Z488692.

10. HSBC assigned the Deed of Trust to JPMorgan Chase Bank, N.A. (“JPMorgan Chase”) as memorialized by an Assignment recorded in Harris County as Instrument no. 20110112024.

11. JPMorgan Chase assigned the Deed of Trust to Trustee as memorialized by an Assignment recorded in Harris County as Instrument no. 20130196255. True and correct copies of the Assignments are attached hereto as Exhibit “4” and incorporated by reference. Trustee is the current mortgagee for the Loan and is the holder of the Note.

12. On or about May 2, 2015, while in default on his payment obligations under the Note, Borrower executed a Loan Modification Agreement. A true and correct copy of the Loan Modification Agreement is attached hereto as Exhibit “5” and incorporated by reference.

13. Even after executing the Loan Modification Agreement designed to allow Borrower the opportunity to retain the collateral, Borrower subsequently defaulted on his payment obligations under the Loan Modification Agreement, Note and Deed of Trust and remains in default. Borrower is currently past due for the December 1, 2019 payment and all subsequent payments due under the Note.

14. Pursuant to the terms and conditions of the Note and at the election of the payee, the entire unpaid principal balance and interest on the Note was to become payable and immediately due at the lender’s option on default.

15. In addition to other previous notices of default, on October 12, 2021, Trustee sent a Demand Letter-Notice of Default to Defendant at his last known addresses. A true and correct copies of the Demand Letter-Notice of Default to Borrower are attached hereto as Exhibit “6” and incorporated by reference.

16. Borrower failed to remedy the default. Trustee has complied with all conditions precedent to recovery herein.

17. Borrower remains in default under the terms of the Note and Security Instrument and despite demand has refused to cure such defaults. Trustee is entitled to a judgment authorizing foreclosure according to the terms of the Security Instrument, Texas Property Code 51.002 and applicable law.

III. CAUSE OF ACTION- JUDGMENT AUTHORIZING FORECLOSURE

18. The foregoing paragraphs are incorporated by reference for all purposes.

19. Plaintiff asserts a cause of action seeking a judgment authorizing foreclosure against the Borrower. Trustee has fully performed its obligations under the Loan; however, Borrower has failed to make the payments required under the Note, which constitutes an event of default.

20. The Security Instrument permits Trustee to foreclose on the Property should there be an event of default on the Note. Accordingly, Trustee seeks judgment in its favor including an order allowing non-judicial foreclosure in accordance with the terms of the Security Instrument and Texas Property Code section 51.002.

21. All conditions precedent have been performed or have occurred.

IV. DECLARATORY RELIEF

22. The foregoing paragraphs are incorporated by reference for all purposes.

23. Plaintiff seeks a declaratory judgment stating that Borrower is in default and that Plaintiff has met the legal requirements to proceed with a non-judicial foreclosure sale on the Property after it provides all legally required notices of such a sale pursuant to the terms of the Note, Security Instrument, Texas Property Code § 51.002 and applicable law.

WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that it recover judgment against Defendant for the following:

a. The Court issue Final Judgment which includes an order authorizing foreclosure under the Security Instrument and Texas Property Code § 51.002;

b. Declaratory relief as requested herein; and

c. For such other and further relief to which this Court deems it to be justly entitled.

Respectfully submitted,

By: /s/ Michael F. Hord Jr.
Michael F. Hord Jr.
State Bar No. 00784294
Federal I.D. No. 16035
Eric C. Mettenbrink
State Bar No. 24043819
Federal I.D. No. 569887
HIRSCH & WESTHEIMER, P.C.
1415 Louisiana,
36th Floor
Houston, Texas
77002-2772
713-220-9182 Telephone
713-223-9319 Facsimile
Email: mhord@hirschwest.com
Email: emettenbrink@hirschwest.com

ATTORNEYS FOR PLAINTIFF

Battle v. Select Portfolio Servicing, Inc.

(4:21-cv-02501)

District Court, S.D. Texas, Judge David Hittner

AUG 3, 2021 | REPUBLISHED BY LIT:JUN 13, 2022

Battles complaint against the mortgage servicer with foreclosure defense lawyer Erick DeLaRue ends in a quick dismissal WITH PREJUDICE ordered by Judge Hittner, but the banks’ remission in their case shown above before the Chief ends in a dismissal WITHOUT PREJUDICE.

Yes, we know Battle would most likely be battlin’ to pay the lawyers fees in two removed cases, hence the quick end to his complaint against the mortgage servicere. But was that the right call and correct advice from counsel?

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:21-cv-02501

Battle v. Select Portfolio Servicing, Inc.
Assigned to: Judge David Hittner

Case in other court:  164 JDC of Harris County, 21-46456

Cause: 28:1332 Diversity-(Citizenship)

Date Filed: 08/03/2021
Date Terminated: 10/12/2021
Jury Demand: Plaintiff
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity
Plaintiff
Alan Battle represented by Alan Battle
c/o Erick DeLaRue
2800 Post Oak Boulevard
Suite 4100
Houston, TX 77056
713-899-6727
Email: Erick.delarue@delaruelaw.com
PRO SE
V.
Defendant
Select Portfolio Servicing, Inc. represented by Michael 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

 

Date Filed # Docket Text
08/03/2021 1 NOTICE OF REMOVAL (Filing fee $ 402 receipt number 0541-26838986) filed by Select Portfolio Servicing, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit C-1, # 5 Exhibit C-2, # 6 Exhibit C-3, # 7 Exhibit C-4, # 8 Exhibit D, # 9 Civil Cover Sheet)(Hord, Michael) (Entered: 08/03/2021)
08/04/2021 2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 10/21/2021 at 10:30 AM in Courtroom 703 before Magistrate Judge Peter Bray. (Signed by Judge David Hittner) Parties notified.(hlermaadi, 4) (Entered: 08/04/2021)
08/05/2021 3 CERTIFICATE OF INTERESTED PARTIES by Select Portfolio Servicing, Inc., filed.(Hord, Michael) (Entered: 08/05/2021)
10/11/2021 4 STIPULATION of Dismissal WITH PREJUDICE by Select Portfolio Servicing, Inc., filed. (Attachments: # 1 Proposed Order)(Hord, Michael) (Entered: 10/11/2021)
10/12/2021 5 ORDER OF DISMISSAL WITH PREJUDICE. Case terminated on October 12, 2021 (Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 10/12/2021)

 


 

PACER Service Center
Transaction Receipt
06/13/2022 19:56:19

Erma Wilkins Lost Her Home of 21 Years to Foreclosure, Purchased by Doctor Renny Varghese

Texas Citizens are losing their homes to foreclosure auctions for cents on the dollar to Indian Doctors and their extended families.

LeBoeuf, of Counsel for Vilt, and Cronenwett for the Wolves, Walk Into The Chiefs’ Courthouse in Houston

Two wins for LeBoeuf at the 5th, now appearing for ousted Vilt, despite leaving to start his own firm. We know the term Staged, y’all.

It’s Too Easy to Knock Discovery with a Motion to Dismiss Sayeth EasyKnock

At the initial conference, Judge Edison confirmed that discovery should generally not be stayed pending a ruling on a motion to dismiss.

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00090

Create an Alert for This Case on RECAP

HSBC Bank USA v. Battle
Assigned to: Chief Judge Lee H Rosenthal
Cause: 28:1332 Diversity-(Citizenship)
Date Filed: 01/10/2022
Jury Demand: None
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity
Plaintiff
HSBC Bank USA
National Association, as Trustee for People’s Choice Home Loan Securities Corp., People’s Choice Home Loan Securities Trust Series 2005-1, Mortgage-Backed Notes, Series 2005-1
represented by Michael 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
V.
Defendant
Alan Battle

 

Date Filed # Docket Text
01/10/2022 1 COMPLAINT against Alan Battle (Filing fee $ 402 receipt number 0541-27586075) filed by HSBC Bank USA, National Association, as Trustee for People’s Choice Home Loan Securities Corp., People’s Choice Home Loan Securities Trust Series 2005-1, Mortgage-Backed Notes, Series 2005-1. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Civil Cover Sheet)(Hord, Michael) (Entered: 01/10/2022)
01/11/2022 2 ORDER Scheduling Rule 16 Conference With the Court and Setting Out the Requirements for Initial Pretrial Work. Initial Conference set for 3/25/2022 at 10:40 AM in Courtroom 11B before Chief Judge Lee H Rosenthal. (Signed by Chief Judge Lee H Rosenthal) (Attachments: # 1 Attachments) Parties notified.(BrandisIsom, 4) (Entered: 01/11/2022)
The Battle Begins for Alan, up Against the Chief of the Southern District, et al
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Laws In Texas is a blog about the Financial Crisis and how the banks and government are colluding against the citizens and homeowners of the State of Texas and relying on a system of #FakeDocs and post-crisis legal precedents, specially created by the Court of Appeals for the Fifth Circuit to foreclose on homeowners around this great State. We are not lawyers. We do not offer legal advice. We are citizens of the State of Texas who have spent a decade in the court system in Texas and have been party to during this period to the good, the bad and the very ugly.

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