Debt Collector

The Bourgeois’ Return After Texas Foreclosure Defense Lawyer Suspended for Finchin’ $13k in Fees He Didn’t Earn

In a spiteful manner lawyer Michael Hord Jr. states “this is at least the second frivolous lawsuit filed by the Plaintiffs against Defendant”.

Bourgeois v. New Century Mortg. Corp., C.A.

FEDERAL CASE I

No. 3:17-cv-00059 (S.D. Tex. June 25, 2018)

REPUBLISHED BY LIT: MAY 7, 2022

Dismissed with Prejudice by Judge Hanks

State Bar of Texas Suspend Bourgeois Lawyer for Inadequate Representation after Bourgeois Complaint.

Thievin’ Lawyer Carl Hughes only has until 30 June, 2022 to repay the $13G’s

Bourgeois v. Select Portfolio Servicing, Inc.

FEDERAL CASE II

(3:22-cv-00146)

District Court, S.D. Texas

MAY 6, 2022 | REPUBLISHED BY LIT: MAY 7, 2022

Wrong case;

STIPULATION of Dismissal by Cecilia Parada, filed.(Whitburn, Mark) (Entered: 06/23/2022)

+++++

Minute Entry: mediation held.(rcastro, 4) – Jun 17

NOTICE of Resetting as to 29 Notice of Setting. Parties notified. Mediation time reset for *9:00 AM by video on 6/17/2022 before Magistrate Judge Andrew M Edison, filed. (rcastro, 4) (Entered: 06/08/2022)

On May 19, 2022, Michael Hord files premature motion to dismiss, before the Initial Conference.


U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Galveston)
CIVIL DOCKET FOR CASE #: 3:22-cv-00146

Create an Alert for This Case on RECAP

Bourgeois et al v. Select Portfolio Servicing, Inc. et al
Assigned to: Judge Jeffrey V Brown

Case in other court:  10th District Court of Galveston County, TX, 22-CV-0757

Cause: 28:1332 Diversity-(Citizenship)

Date Filed: 05/06/2022
Jury Demand: Plaintiff
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity
Plaintiff
Timothy L. Bourgeois represented by James Michael Andersen
Attorney at Law
17041 El Camino Real
Ste 204
Houston, TX 77058
281-488-2800
Email: jandersen.law@gmail.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
Gwen A. Bourgeois represented by James Michael Andersen
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
Select Portfolio Servicing, Inc. 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
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
Hughes, Watters & Askanase, L.L.P. represented by Damian W Abreo
Hughes Watters Askanase, LLP
1201 Louisiana Street, 28th Floor
Houston, TX 77002
713 328-2848
Fax: 713-759-6834
Email: dabreo@hwa.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Anthony Adan Garcia represented by Damian W Abreo
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
David Paul Sunlin
Date Filed # Docket Text
05/09/2022 2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 8/10/2022 at 09:00 AM by video before Magistrate Judge Andrew M Edison(Signed by Judge Jeffrey V Brown) Parties notified.(VanesaAranda, 3) (Entered: 05/09/2022)
05/10/2022 3 CERTIFICATE OF INTERESTED PARTIES by Select Portfolio Servicing, Inc., filed.(Hord, Michael) (Entered: 05/10/2022)
05/17/2022 4 ORDER on Initial Discovery Protocols for Residential Mortgage Cases.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 05/17/2022)
05/17/2022 5 PROTECTIVE ORDER (Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 05/17/2022)
05/19/2022 6 MOTION to Dismiss by Hughes, Watters & Askanase, L.L.P., filed. Motion Docket Date 6/9/2022. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Abreo, Damian) (Entered: 05/19/2022)
05/20/2022 7 MOTION for Leave to File Complaint in Intervention and Brief in Support by Select Portfolio Servicing, Inc., filed. Motion Docket Date 6/10/2022. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Hord, Michael) (Entered: 05/20/2022)
06/05/2022 8 First AMENDED PETITION with Jury Demand against All Defendants filed by Timothy L. Bourgeois, Gwen A. Bourgeois. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Andersen, James) (Entered: 06/05/2022)
06/06/2022 9 Opposed MOTION to Remand by Gwen A. Bourgeois, Timothy L. Bourgeois, filed. Motion Docket Date 6/27/2022. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order)(Andersen, James) (Entered: 06/06/2022)
06/08/2022 10 MOTION to Strike 8 Amended Complaint/Counterclaim/Crossclaim etc. by Select Portfolio Servicing, Inc., filed. Motion Docket Date 6/29/2022. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Hord, Michael) (Entered: 06/08/2022)
06/08/2022 11 Opposed MOTION for Continuance of Doc. 6 by Gwen A. Bourgeois, Timothy L. Bourgeois, filed. Motion Docket Date 6/29/2022. (Attachments: # 1 Proposed Order)(Andersen, James) (Entered: 06/08/2022)

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Galveston)
CIVIL DOCKET FOR CASE #: 3:22-cv-00146

Create an Alert for This Case on RECAP

Bourgeois et al v. Select Portfolio Servicing, Inc. et al
Assigned to:
Cause: 28:1332 Diversity-(Citizenship)
Date Filed: 05/06/2022
Jury Demand: Plaintiff
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity
Plaintiff
Timothy Bourgeois represented by Timothy Bourgeois
c/o James M. Andersen
17041 El Camino Real, Suite 204
Houston, TX 77058
(281) 488-2800
Email: jandersen.law@gmail.com
PRO SE
Plaintiff
Gwen Bourgeois represented by Gwen Bourgeois
c/o James M. Andersen
Email: jandersen.law@gmail.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
Defendant
Hughes, Watters & Askanase, L.L.P.
Defendant
Anthony Adan Garcia

 

Date Filed # Docket Text
05/06/2022 1 NOTICE OF REMOVAL (Filing fee $ 402 receipt number ATXSDC-28137030) 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 C-5, # 9 Exhibit C-6, # 10 Exhibit D, # 11 Exhibit E, # 12 Civil Cover Sheet)(Hord, Michael) (Entered: 05/06/2022)

ORDER

On May 19, 2022, the defendants Hughes, Watters & Askanase, L.L.P., and Anthony Garcia moved to dismiss the plaintiffs’ suit.

Dkt. 6.

The motion was not accompanied by a certificate of conference as required by Local Rule 6, which states that the court will sua sponte grant an opportunity to amend when a movant has not followed this rule.

See Galveston District Court Rules of Practice.1

The plaintiffs filed their amended complaint on June 5, outside the 14-day window contemplated by Local Rule 6.

On June 6, the plaintiffs moved to remand.

Dkt. 9.

On June 8, the defendant Select Portfolio Servicing, Inc., moved to strike the amended complaint because it was filed more than 21 days after the defendant’s responsive pleading and the plaintiffs did not seek leave of court.

Dkt. 10.

On June 8, the plaintiffs moved to continue their response date to the motion to dismiss until after the court resolves the motion to remand.

Having all that before it, the court GRANTS the motion to strike the amended complaint.

Dkt. 10.

It is hereby ordered that Dkt. 8 is STRICKEN.

The court GRANTS the motion for continuance, Dkt. 11, and orders that the response to the motion to dismiss, Dkt. 6, is continued until the court’s resolution of the motion to remand, Dkt. 9.

Signed on Galveston Island this 9th day of June, 2022.

 

 

JEFFREY VINCENT BROWN

UNITED STATES DISTRICT JUDGE

Hord Makes No Mention that Plaintiffs Lawyer in Case I, which would be Dismissed with Prejudice by Judge Hanks, was Suspended by the State Bar of Texas as a Result of His Failed Representation.

11. By way of background, this is at least the second frivolous lawsuit filed by the Plaintiffs against Defendant. In the prior lawsuit final judgment was entered in favor of Defendants on June 29, 2018 on all claims of Plaintiffs in C.A. No. 3:17-cv-00059. See Exhibit E, Amended Final Judgment.

Robert and Lana Strange Residence at 1310 Riverview Circle, Houston, is Operating as an Assisted Living Facility

Robert Strange is Founder and Administrator of Graystone Life Care with 7 years mgt experience in Assisted Living, with home in foreclosure.

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It ain’t Rene Gaviola that’s listed at HCAD, nope its Marievic Gaviola. And there is a selection of debt and foreclosure cases LIT has uncovered.

The Bourgeois’ Return After Texas Foreclosure Defense Lawyer Suspended for Finchin’ $13k in Fees He Didn’t Earn
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Laws In Texas first started as an independent investigative blog about the Financial Crisis and how the Banks and Government are colluding against the citizens and homeowners of the State of Texas, relying upon 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. That stated, LIT's Blog has grown tremendously during the three or so years it has been operating and our reach is now nationwide as we expand via our micro-blogs in various states. Join us as we strive to bring back justice and honor to our Judiciary and Government employees, paid for by Citizens.

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