Deed of Trust

The Interplay Between DHI to RAD Diversified REIT Inc. Raises Liquidity Concerns

LIT Investigates RAD Diversified REIT Inc., aka Brandon Dutch Mendenhall and Amy Vaughn’s businesses which appear to be in financial stress.

RAD Diversified Reit Inc v. U.S. Bank Trust National Association

(4:24-cv-04319)

District Court, S.D. Texas, Judge Charles Eskridge

NOV 5, 2024 | REPUBLISHED BY LIT: NOV 13, 2024

Judge Eskridge Collectin’ Cases and slowin’ down notice of initial conferences…it’s Jacked.

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:24-cv-04319

RAD Diversified Reit Inc v. U.S. Bank Trust National Association, et al
Assigned to: Judge Charles Eskridge
Demand: $0

Case in other court:  284th JDC Montgomery County Texas, 24-00010-17034

Cause: 12:191 Bank Foreclosure

Date Filed: 11/05/2024
Jury Demand: Plaintiff
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity
Plaintiff
RAD Diversified Reit Inc. represented by Jeffrey Craig Jackson
Jeffrey Jackson & Associates, PLLC
11767 Katy Freeway
Suite 813
Houston, TX 77079
713-861-8833
Fax: 713-682-8866
Email: jeff@jjacksonpllc.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
U.S. Bank Trust National Association, not in its individual capacity, but solely as Trustee of HOF Grantor Trust 3 represented by Michael J Schroeder
Michael J. Schroeder, P.C.
3610 N Josey Ln
Suite 206
Carrollton, TX 75007
972-394-3086
Fax: 972-394-1263
Email: mike@lawmjs.com
ATTORNEY TO BE NOTICED
Defendant
Elite Commercial Servicing LLC

 

Date Filed # Docket Text
11/05/2024 1 NOTICE OF REMOVAL from 284th Judicial District Court, case number 24-10-17034 (Filing fee $ 405 receipt number ATXSDC-32445142) filed by U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE OF HOF GRANTOR TRUST 3. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit) (Schroeder, Michael) (Entered: 11/05/2024)
11/05/2024 2 NOTICE Of Interested Parties by U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE OF HOF GRANTOR TRUST 3, filed. (Schroeder, Michael) (Entered: 11/05/2024)
11/07/2024 3 CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (hlc4) (Entered: 11/07/2024)

 


 

PACER Service Center
Transaction Receipt
11/13/2024 16:44:52

202476594 –

RAD DIVERSIFIED REIT, INC. vs. WILMINGTON SAVINGS FUND SOCIETY, FSB

 (Court 189)

NOV 1, 2024 | REPUBLISHED BY LIT: NOV 3, 2024

Summary: Legal Complexities Surrounding RAD Diversified REIT Inc.

RAD Diversified REIT Inc., represented by Brandon Dutch Mendenhall and Amy Vaughn, is currently facing foreclosure on a mortgage secured in March 2024 for a Texas property owned by DHI (Mendenhall) since 2017.

This mortgage aligns with the original loan from Wells Fargo to the property’s initial owners, Billy Crawford and his spouse, dating back to 2004.

The situation escalated after a sudden settlement in March 2023, following a prolonged legal battle that began with a trial set for September 2021 in Harris County District Court, which never materialized.

DHI reached a settlement with the Crawfords after years of litigation, which included a bankruptcy case overseen by disgraced former Chief Judge David R. Jones..

Complicating matters, Susan C. Norman, the Crawfords’ attorney, recently made headlines due to a $500,000 penalty imposed by US District Judge Keith Ellison.

Our investigation into the deed history revealed significant details about the case.

It traces back to when DHI acquired the Crawfords’ home at a Sheriff’s HOA foreclosure sale for $21,000, leading to years of legal disputes after the homeowners resisted eviction.

Liquidity Concerns

LIT wasn’t aware of RAD prior to this case but seeing the transfer from DHI to RAD and then the apparent non-payment of the new loan raised our suspicions of financial stress.

Upon reviewing RAD, we noted the company was over-hyped and under-capitalized, despite claiming to be a leader in this vertical.

As our concerns only increased, further investigation uncovered the BBB review page. This verified our initial conclusion that the business is facing substantial cash flow problems, exponentially increasing risks to investors.

LIT Update

From RAD’s own website:

The offering price per share is calculated based on the net asset value (NAV) of the company divided by the number of outstanding common shares.

As of July 12, 2023, our net asset value gave us a Determined Share Value of $25.04, which became the new calculated selling price per share as of July 12, 2023.

SEC Filing

Item 9. Other Events (LIT: Liquidity)

On June 27, 2024, the board of directors (the “Board”) of RAD Diversified REIT, Inc. (the “Company”) met to consider its Share Redemption Program. Although the Board is beginning to see improved liquidity throughout the Company based on actions it has been and will continue taking, the Board perceives that the real estate market remains relatively stagnant. The Board therefore believes it prudent to proceed cautiously at this time. As a result, the Board decided, in accordance with the terms of its Share Redemption Program, to continue the temporary freeze of the Company’s redemption program. The Company will not process any pending requests that have not been redeemed as of February 1, 2024, nor will it accept any new redemption requests. Pending redemption requests will remain in queue until the Company recommences the redemption program.

The Board intends to reassess this decision to determine whether to recommence the redemption program no later than January 1, 2025.

March 6, 2022

When Tylisha Slaughter learned that the West Philadelphia rowhouse she rented was going to be auctioned off in a sheriff’s sale, she sensed opportunity.

Slaughter, now 30, aimed to buy the home near Cobbs Creek Park on the cheap and restore it from the “slumlord”-like conditions she, her boyfriend, and her two young children had been living in.

But on the day of the sale, she said, she found herself up against an out-of-towner with lots of money to spend: Brandon “Dutch” Mendenhall.

“He outbid me,” said Slaughter, whose rent has risen from $700 to $900 since Mendenhall’s RAD Diversified REIT became her new landlord in late 2019, even as she says her complaints to RAD’s property managers about pests and leaky pipes have gone unanswered.

Slaughter’s home is part of a five-state empire of real estate bought through sheriff’s sales and “We Buy Houses” signs that Mendenhall, RAD’s chief executive, has been selling to investors on Facebook, YouTube, and other social media, touting what he portrays as the venture’s market-beating performance.

Mendenhall, who is based in Southern California, has described Philadelphia as the biggest market for RAD, a firm founded in Florida that specializes in buying distressed real estate then renting it out. The company and others that he runs own nearly 100 properties across the city’s low-income neighborhoods, records show. RAD’s real estate holdings nationwide were worth some $24 million as of last fall, the company has reported.

According to one of the 81 ads for RAD running earlier this week on Facebook and its sibling social-media sites, RAD shares surged from $14.23 in January 2021 to $18.52 in January 2022, an increase of 30%.

“Our returns are so good right now, it makes it hard for people to even believe in them,” Mendenhall boasts in another ad. “That’s frustrating.”

But RAD’s official disclosures tell a more doleful story than its online ads.

During the first six months of last year, the most recent period covered in RAD’s latest investors’ circular, filed with the U.S. Securities and Exchange Commission in January, the company’s real estate business lost $1.12 million, although the firm had relatively little debt compared with the stated value of its assets.

The company also disclosed that it may use new investors’ money to pay dividends to existing ones. Experts say it can be risky for an investment fund to operate this way, since it may require ever more participants to be brought on board, rather than making money from its business.

More than 60% of RAD’s operating expenses in 2020, the most recent period for which the company has released audited financial information, consisted of asset-management fees and other payments to a separate company owned by Mendenhall and other RAD executives called RAD Management LLC, according to an analysis of the financial data.Those fees and payments amounted to more than $730,000 that year, RAD said.

“We have limited operating capital, few significant assets and limited revenue from operations,” RAD wrote in the January document, which sought to raise up to about $58 million in new funds, for a total of $75 million of company shares. “If we are unable to continue to raise sufficient capital through this offering, there is a strong likelihood our business will fail and you may lose your entire investment.”

RAD declined to directly answer detailed lists of questions from The Inquirer, saying in a statement that they contain “various inaccuracies.”

The firm did say it works to “comply with all securities, licensing, landlord-tenant, and other applicable laws and regulations.”

Now, the SEC wants to tell federal prosecutors about allegations concerning the divergence between RAD’s online pitches and its more downbeat official self-descriptions.

The allegations are contained in a complaint sent to the SEC by a fraudster-turned-self-styled whistle-blower named Barry Minkow, who said he gathered material from RAD for his report by pretending to be a potential investor in the company.

Late last month, the SEC asked Minkow for his consent to share the document with the Office of the U.S. Attorney for the Central District of California. Minkow gave his approval, according to copies of the correspondence that he provided to The Inquirer.

Since finishing his most recent prison stint for fraud and other offenses in 2018, Minkow has established a side business of researching companies he suspects of malfeasance and reporting them to the SEC as a whistle-blower. Whistle-blowers can sometimes claim a cut of what a company disgorges if they provide information used in a successful SEC investigation.

His report about RAD to the SEC is among 11 complaints he has filed with the agency. Another focused on National Realty Investment Advisors, a New Jersey-based firm with a big Philadelphia property-development footprint that promises large returns to investors on national TV and radio ads. NRIA has denied any wrongdoing and no government action has been taken against it.

“The sad reality is that many investors are relying upon a complete and total misrepresentation of material facts about the profitability and financial stability of the company to make an investment decision,” Minkow wrote of RAD’s advertisements in an October update to his report to the SEC on that company, originally filed in April. He provided the documents to The Inquirer.

RAD said in its statement that it strives to make its regulatory filings and offering materials “accurate and complete.”

RAD “is an incredible company making a positive impact on our investors, team of employees, contractors, neighborhoods, non-profits and more,” Mendenhall said in an email.

A U.S. Attorney spokesperson declined to say whether the office was conducting an investigation into RAD, citing Justice Department policy not to comment on any investigations that the office may, or may not, be pursuing. An SEC spokesperson also declined to comment.

No criminal charges or civil complaints are known to have been made against RAD or any of its employees.

RAD did not directly respond to questions about any potential investigations of the company. “RAD Diversified has and will respond to and cooperate with any requests from pertinent regulatory and law enforcement entities,” it said in its statement. “Terms offered to investors by RAD Diversified are in line with those offered by similar, competitor REITs.”

John Carney, who helps lead the securities, enforcement, and litigation team at BakerHostetler in New York, said any move by the SEC to share an outside report would not have been taken lightly by the agency. “The fact that the SEC is taking the time to share information with the Department of Justice is a serious step,” said Carney, who previously served as an attorney with both agencies.

In the videos he posts to YouTube on a near-weekly basis, Mendenhall, 42, projects a clean-cut if casual figure, appearing in button-down shirts — only seldom wearing a tie — with a neatly trimmed Vandyke beard as he brightly talks up his business.

“I’m literally the nation’s leading expert in tax liens and tax deeds,” he boasts in one installment. “So we invest in that exact modality and make more money at it than anybody else.”

The entrepreneur also appears in many of the ads for RAD across Facebook, Facebook Messenger, Instagram, and other applications.

The pitches appear to be bearing some fruit: RAD had between 1,500 and 2,000 investors, as of late October, and was adding more at a clip of 200 per month, according to an email from a company official to Minkow. The official believed Minkow to be a potential investor at the time.

In other videos for one of RAD’s side businesses, a network of leasable off-the-grid-encampments called the American Survivalist Project — “a plan B for when disaster strikes,” according to the venture’s website — Mendenhall’s banter can take a darker turn.

“One of the scariest things that happen in the worst-case scenarios is people turn on people,” he said in one clip after listing a few such scenarios: a new, more-virulent pandemic; artificial intelligence run amok; nuclear war; or “the real war with China and Russia and cybertechnology and the Cold War.”

RAD’s survivalist-camp business is in the process of gaining control of 20,000 acres of rural property across multiple sites nationwide, Mendenhall said in an interview last month with the financial blogger and stock picker Jim Woods on Woods’ podcast, Way of the Renaissance Man.

But the bulk of the business’ holdings consists of residential real estate, filings show. While RAD also concentrates on areas of Texas, Idaho, California, and Florida for its growing portfolio of rental properties, according to the January offering circular, Philadelphia has been its primary locus of activity.

“Our biggest city is Philadelphia, where we happen to have our longest-running, best team,” Mendenhall said on Woods’ podcast.

Since their first recorded Philadelphia acquisition in July 2016, RAD and three other funds Mendenhall leads — DHI Holdings LP, DHI Fund LP, and DDH Fund LP — paid a total of more than $5.8 million for at least 96 properties in the city, most of them in struggling neighborhoods such as Parkside in West Philadelphia and East Germantown in the city’s northwest.

Before 2020, all but four of the Philadelphia properties were bought at sheriff’s sales, records show. But Mendenhall told Woods that the company has had to retool its approach to acquisitions since then in response to pandemic-era freezes on sheriff’s sales.

“We shifted to a hard-core marketing strategy,” he said. “If you are seeing a billboard of ‘Sell your home’ or ‘We buy houses’ or whatever else, those kinds of things might be us.”

Department of Licenses and Inspections records show about half of the Philadelphia properties owned by RAD or other Mendenhall-led funds were granted rental licenses since those businesses acquired them.

Landlords are required to renew a property’s rental license once a year. The $56-a-unit process requires landlords to be up-to-date on their property taxes and for the properties to be free of any safety or building-code violations.

Since landlords are not legally permitted to collect rent from tenants of a home with an inactive license, the system is designed to serve as a check on property owners, forcing them to address safety violations and pay their taxes.

But Philadelphia’s Department of Licenses and Inspections lacks the resources to hunt down property owners who flout those rules, said Karen Guss, a spokesperson for the agency.

“L&I has to often prioritize, and the things that get prioritized are things like fire safety issues, hazardous buildings,” she said. “License violations, while problematic, isn’t something that automatically jumps to the head of the line.”

The Mendenhall-led funds also own Philadelphia properties with no license at all. City regulations require some kind of license for most property that is uninhabited or otherwise out of active use for three months or longer.

Of the funds’ rental licenses, about 40 have lapsed and have not been renewed, but that doesn’t appear to be stopping Mendenhall from accommodating rent-paying tenants at at least some of those properties.

The Inquirer visited eight properties with lapsed licenses in West and North Philadelphia. One appeared visibly unoccupied, with a mattress and other debris on its porch and its upstairs windows boarded up.

Of the remaining seven homes, The Inquirer was able to question residents of four about whether they continued to be charged rent.

All said they had been.

One tenant, Shanna Anderson, said she stopped being able to afford her $1,750-a-month rent to DHI Fund and RAD at her Parkside rowhouse after losing her job at a real estate brokerage during the pandemic.

In late November, RAD threatened to evict her if she failed to pay $6,530 owed for unpaid rent since August.

Her home’s rental license has been inactive since late July, according to L&I records. L&I’s Guss said the property’s owner had unsuccessfully attempted to renew the license. She did not know why the renewal had not gone through, but noted that the property was delinquent on its property taxes.

In the letter from RAD threatening eviction, which Anderson shared with The Inquirer, the company encouraged her to register for help from the city’s COVID-19 Emergency Rental Assistance Program and provided a link to the program’s website.

Anderson said the house had been newly renovated when she moved in in 2019, but she noticed some signs of shoddy work, like dips in the floorboards and a bathroom faucet affixed to the kitchen sink.

Still, she’d had few serious maintenance complaints about the property and found RAD’s property managers to be sufficiently responsive.

Slaughter, the tenant who was outbid for her West Philadelphia home by Mendenhall, wasn’t as complimentary. She said she has had to pay out-of-pocket for exterminators and plumbers after getting no response to pest and leaky-pipe complaints to RAD’s property managers.

Another tenant of a Mendenhall-led fund, Terry Golden, 41, said he has been dealing for about a year with a flooded basement that his property managers have neglected to repair at his 880-square-foot home in West Philadelphia’s Haddington section.

His living and dining rooms are piled high with belongings he’d previously been storing in the basement: furniture, appliances, trophies from his days coaching little-league football. Other items, such as football equipment from the kids’ league, were destroyed in the flooding, he said.

More leaks have come from the plumbing between his first and second floors, prompting him to leave his light fixtures hanging unmounted from their wires so they don’t fill with water, he said.

Clusters of dead insects cling to one section of his ceiling. Golden said he thinks they were attracted to his home by its dampness.

“They don’t fix things much,” he said of his landlord, whom he pays $1,000 in monthly rent.

No rental license renewals have been sought for Golden’s or Slaughter’s homes, Guss said.

RAD did not respond to requests for comment on these and other properties. The company “cares about its tenants” and believes in providing “above standard living conditions,” it said in its statement.

Other Philadelphia properties owned by RAD or the other businesses have been licensed with L&I as vacant real estate. One of these is at 4243 Leidy Ave., a boarded-up rowhouse across the street from an elementary school in Parkside.

About a year before DDH Fund bought that house in September 2016, street-level images on the city’s Atlas property-data website show that its windows and doors had been intact. Subsequent images on the site show the property’s progressive deterioration over the years.

Another property, a three-story rowhouse at 915 Dauphin St. near the Fairhill neighborhood, underwent a similar decline: Seven months after its November 2016 acquisition by DDH, it too had windows and doors. Today, the door is boarded up and there is no glass in the upper-story windows.

Nicole Lawrence, executive director of the Tenant Union Representative Network, said such deterioration tends to spread blight throughout neighborhoods, diminishing safe, affordable housing opportunities in communities where they’re most needed.

“As a property continues to sit and become dilapidated, it’s like a cancer,” she said. “It’s just an entire ripple effect.”

During the Way of the Renaissance Man podcast interview, Mendenhall told host Woods that he came to real estate after an early career coaching college baseball, a grueling vocation that he said left him feeling burnt out.

Mendenhall did his coaching at the University of San Francisco, according to his biography on RAD’s website. A spokesperson for the school said Mendenhall had not been a paid university employee but had coached as a volunteer in 2001.

In 2008, he started a seminar program for would-be real estate investors called Tax Auction Advisors, according to company filings.

His students there coaxed him into starting his first funds, he said in a video on the website for the seminar company, which remains in operation. “‘Put your money where your mouth is,’” he recalled them saying.

DHI Holdings, DHI Fund, and DDH Fund were formed in the mid-2010s, records show.

RAD, which was established as a real estate investment trust, or REIT, in November 2019, is now in the process of using company stock to buy the real estate accumulated by those funds, according to the circular.

About 20 properties bought by other Mendenhall-led funds in Philadelphia were listed in the document under an inventory of RAD’s real estate holdings as of June 30, 2021. Public records, however, show that the other funds remain the documented owners of those properties. There is no record of them being purchased by RAD among the city’s real estate filings. RAD did not respond to a direct inquiry about this discrepancy.

RAD said in its statement that the founders of the company that handles RAD’s operations, RAD Management, have “significant investing and property management experience.”

RAD Management is led by Mendenhall and other RAD Diversified executives, according to the circular. These executives receive no salary or other employment benefits from RAD Management but “will realize growth as owners/members” of the firm, according to the document.

Under RAD Diversified’s registration with the SEC, any investor — not just “accredited” ones with high net worths — can buy shares, as long as the investment doesn’t exceed 10% of their incomes. RAD allows investors to buy in with as little as $1,000, or even less if it so decides, according to the circular.

In 2020, RAD declared a dividend of 5%, according to its website, despite having no profits that year. No information about dividends in subsequent years could be found in company filings.

Most REITs are publicly traded, which means that their stock is bought and sold on public exchanges, with their share prices fluctuating according to investor demand.

RAD, however, is among the relatively small set of property companies known as non-traded REITs, whose stock is acquired directly through brokers, not on the open market. Consequently, it’s up to these companies themselves, not demand from investors, to set the value of their shares.

Non-traded REITs own about 10% of the $2.5 trillion in real estate assets held by REITs, not counting private ones whose shares are only available to accredited investors, according to the National Association of Real Estate Investment Trusts, a trade group.

The SEC and the Financial Industry Regulatory Authority, a self-regulatory organization for brokerage firms and exchange markets, issued investor notices in the mid-2010s that warned of potential risks from non-traded REITs.

They include a lack of clarity as to how shares are valued, difficulties in selling shares readily, high fees often paid to managers with possible conflicts of interest, and the potential that investor cash and loan proceeds can be used to pay dividends during unprofitable periods.

More recently, high-profile investment firms such as Blackstone Group and Starwood Capital Group have started their own non-traded property trusts with offers to disclose more information, charge fewer fees, and allow shares to be cashed in more frequently. Blackstone’s non-traded REIT now owns about half of all the real estate within that sector, according to NAREIT.

RAD sets its share price by tallying its net asset value — the total appraised value of its real estate and other assets, minus any money it owes or other liabilities — and dividing that figure by the number of shares it has outstanding, according to the circular.

The last time it publicly broke down its share-price calculation was on Sept. 30, when the stock was selling at $18.52: a net asset value of $27.3 million divided by 1.47 million shares.

RAD’s properties are appraised, in part, based on the income they generate as rentals, according to the circular.

But some of the rents in the document’s inventory of RAD’s holdings appear to be overstated, in light of the buildings’ conditions, as characterized by L&I. The boarded-up rowhouse at 4243 Leidy Ave., for example, is said to be earning the company $14,400 a year in rent — even though it has no rental license and its most recent license was as a vacant property.

Two more properties, 10 W. Pomona St. in Germantown and 6400 Glenmore Ave. in Elmwood, are listed as delivering “projected” rents of $14,400 and $12,300 a year. L&I has labeled both of them as “unsafe,” meaning the agency found them to be “dangerous to the life, health, property or safety of the public or the occupants of the structure.” The designation means no one can live in them.

Those safety issues need to be remedied before the properties’ owners can get the go-ahead from L&I for renovations to make them habitable, Guss said. The agency granted a permit for repairs to make the Pomona Street property structurally sound last month, she said.

The vacant, dilapidated house at 915 Dauphin St., meanwhile, was listed as having a market value of $200,000 in a February 2020 RAD document, about three years after DDH Fund paid $27,000 for that property when images on the Atlas property-data website show it was in better condition.

Those asset-value calculations are behind RAD’s big stock-value jumps. Its shares surged from $10 around when the company was formed in 2019 to $11.07 in January 2020, to $14.23 in January 2021, to $18.52 until January 2022, according to Facebook and Instagram ads. Last month, it told the SEC that its shares were now worth $19.26.

But there’s a catch: Investors can’t exchange their shares for cash at will, as they can with shares of an exchange-traded REIT. Instead, as RAD explains in its circular, investors are given two opportunities each year to cash out their shares.

The rules surrounding these cash-out opportunities — RAD’s “share-redemption program” — are stringent.

For one, investors don’t get the full value of their shares if they’ve held them for less than five years. RAD buys them back at a “discount” of up to 4%, according to the circular.

RAD also caps the amount of stock it will buy back from investors at 10% or less of all the shares it has outstanding, and investors can only sell 25% of their stock at a time, although the company said in another filing that it “routinely” allows investors to cash out all their holdings despite that provision.

Or the company could decide not to buy back any stock at all.

“Our manager will reserve the right to reject any share repurchase request for any reason or no reason or to amend or terminate the share redemption program,” the company said. “You may not be able to sell any of your shares back to us, and if you do sell your shares, you may not receive the price you paid upon subscription.”

 

Crawford, Jr. v. DHI Fund, LP

(4:19-cv-03003)

District Court, S.D. Texas, Judge George Hanks, Jr.

AUG 12, 2019 | REPUBLISHED BY LIT: NOV 2, 2024
NOV 3, 2024

Above is the date LIT Last updated this article.

Minute Entry for proceedings held before Judge George C Hanks, Jr.

STATUS CONFERENCE held on 7/16/2020

denying 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ,

21 MOTION to Dismiss for Lack of Jurisdiction.

This case is stayed and administratively closed. Parties will file a joint status report within 30 days after the state proceedings resolve.

Appearances: Susan Cecilia Norman, Nicholas Michael Frame, Jim C Ezer, Christopher John Dobson.

(Court Reporter: J. Sanchez)(Digital # 11:32-11:43), filed.(gclair, 4) (Entered: 07/24/2020)

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:19-cv-03003

Crawford, Jr. et al v. DHI Fund, LP et al
Assigned to: Judge George C Hanks, Jr

Case in other court:  164th District Court of Harris County, TX, 19-36659

Cause: 42:1983 Civil Rights Act

Date Filed: 08/12/2019
Date Terminated: 07/16/2020
Jury Demand: Plaintiff
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question
Plaintiff
Billy Crawford, Jr. represented by Susan Cecilia Norman
Attorney at Law
PO Box 55585
Houston, TX 77255
713-882-2066
Fax: 281-605-1822
Email: SueNorman@SueNormanLaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
Jean Crawford represented by Susan Cecilia Norman
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
DHI Fund, LP represented by Jeffrey Craig Jackson
Jeffrey Jackson & Associates, PLLC
11767 Katy Freeway
Suite 813
Houston, TX 77079
713-861-8833
Fax: 713-682-8866
Email: jeff@jjacksonpllc.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDNicholas Michael Frame
Mackie Wolf Zientz Mann, P.C.
5177 Richmond Avenue
Suite 1230
Houston, TX 77056
713-730-3219
Email: nframe@mwzmlaw.com
TERMINATED: 08/04/2020
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Lakeside Residential Community Association, Inc. represented by Christopher John Dobson
Palker Law Firm PLLC
2909 Hillcroft St
Suite 620
HOUSTON
Houston, TX 77057
832-563-4148
Email: dobson.christopher07@gmail.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDDavid L Miller
Miller Scamardi
6525 Washington Ave
Houston, TX 77007-2112
713-861-3595
Email: e-service@msc-lawyer.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDJames Roy Young
Holt & Young PC
9821 Katy Freeway
Suite 350
Houston, TX 77024
713-510-1000
Fax: 713-510-1001
Email: jyoung@holtyoung.com
TERMINATED: 02/11/2020
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDLuke Charles Carrabba
Miller, Scamardi & Carrabba, p.c.
6525 Washington Ave
Houston, TX 77007
713-861-3595
Fax: 713-861-3596
Email: LCarrabba@msc-lawyer.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Harris County represented by Cameron A Hatzel
Meyer Orlando LLC
13201 Northwest Freeway
Suite 119
Houston, TX 77040
713-460-9804
Email: chatzel@meyerorlando.com
TERMINATED: 01/23/2020
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDJim C Ezer
Jim C Ezer
1019 Congress
15th Fl
Houston, TX 77002
713-274-5349
Email: jim.ezer@cao.hctx.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Harris County Precinct 4 Constable Mark Herman
TERMINATED: 09/13/2019
represented by Cameron A Hatzel
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

Date Filed # Docket Text
08/12/2019 1 NOTICE OF REMOVAL from 61st Judicial District Court of Harris County, Texas, case number 2019-36659 (Filing fee $ 400 receipt number 0541-22962826) filed by Harris County. (Attachments: # 1 Civil Cover Sheet Exhibit A, # 2 Exhibit B List of Counsel, # 3 Exhibit C Index of Matters Filed Upon Removal)(Hatzel, Cameron) (Entered: 08/12/2019)
08/14/2019 2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/10/2020 at 01:30 PM in Courtroom 9A before Judge Vanessa D Gilmore. (Signed by Judge Vanessa D Gilmore) Parties notified.(ClaudiaGutierrezadi, 4) (Entered: 08/14/2019)
08/15/2019 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Harris County Precinct 4 Constable Mark Herman, filed. Motion Docket Date 9/5/2019. (Attachments: # 1 Proposed Order)(Hatzel, Cameron) (Entered: 08/15/2019)
08/29/2019 4 CERTIFICATE OF INTERESTED PARTIES by Harris County, Harris County Precinct 4 Constable Mark Herman, filed.(Hatzel, Cameron) (Entered: 08/29/2019)
08/29/2019 5 CERTIFICATE OF INTERESTED PARTIES by Lakeside Residential Community Association, Inc., filed.(Berk, David) (Entered: 08/29/2019)
08/29/2019 6 INITIAL DISCLOSURES by Lakeside Residential Community Association, Inc., filed.(Berk, David) (Entered: 08/29/2019)
09/04/2019 7 NOTICE of Reassignment to Judge George C Hanks, Jr, pursuant to Special Order No. 2019-3. Deadlines in scheduling orders remain in effect, and all court settings are vacated. Judge Vanessa D Gilmore no longer assigned to the case. Parties notified, filed. (ndiaz, 4) (Entered: 09/04/2019)
09/04/2019 8 CERTIFICATE OF INTERESTED PARTIES by Jean Crawford, Billy Crawford, Jr., filed.(Norman, Susan) (Entered: 09/04/2019)
09/05/2019 9 INITIAL DISCLOSURES by Jean Crawford, Billy Crawford, Jr., filed.(Norman, Susan) (Entered: 09/05/2019)
09/10/2019 10 STIPULATION of Dismissal and deny as Moot Doc.3, Constable Herman’s Motion to Dismiss by Jean Crawford, Billy Crawford, Jr., filed.(Norman, Susan) (Entered: 09/10/2019)
09/12/2019 11 INITIAL DISCLOSURES by DHI Fund, LP, filed.(Frame, Nicholas) (Entered: 09/12/2019)
09/13/2019 12 ORDER OF PARTIAL DISMISSAL. Accordingly, it is hereby ORDERED that all claims asserted against Harris County Precinct 4 Constable Mark Herman in the above-captioned lawsuit are hereby DISMISSED WITH PREJUDICE.(Signed by Judge George C Hanks, Jr) Parties notified.(olindor, 4) (Entered: 09/13/2019)
11/04/2019 13 NOTICE of Resetting. Parties notified. Initial Conference reset for 1/22/2020 at 09:30 AM in Courtroom 600 in Houston before Magistrate Judge Andrew M Edison, filed. (SusanGramadi, 4) (Entered: 11/04/2019)
11/20/2019 14 INITIAL DISCLOSURES by Harris County, filed.(Ezer, Jim) (Entered: 11/20/2019)
01/22/2020 15 DOCKET CONTROL ORDER. ETT: 6 days. Jury. Amended Pleadings due by 1/31/2020. Joinder of Parties due by 1/31/2020 Pltf Expert Witness List due by 4/3/2020. Pltf Expert Report due by 4/3/2020. Deft Expert Witness List due by 5/1/2020. Deft Expert Report due by 5/1/2020. Discovery due by 7/31/2020. Dispositive Motion Filing due by 8/7/2020. Non-Dispositive Motion Filing due by 10/9/2020. Joint Pretrial Order due by 11/20/2020. Docket Call set for 12/4/2020 at 03:00 PM in Courtroom 600 in Houston before Judge George C Hanks Jr. Case is subject to being called to trial on short notice during Jan/Feb 2021. (Signed by Magistrate Judge Andrew M Edison) Parties notified.(agould, 3) (Entered: 01/22/2020)
01/23/2020 16 NOTICE of attorney substitution by Harris County. Attorney Cameron Hatzel terminated, filed. (Ezer, Jim) (Entered: 01/23/2020)
02/07/2020 17 Unopposed MOTION to Substitute Attorney David L. Miller in place of David K. Berk by Lakeside Residential Community Association, Inc., filed. Motion Docket Date 2/28/2020. (Attachments: # 1 Proposed Order Order on Unopposed Motion for Substitution of Counsel)(Miller, David) (Entered: 02/07/2020)
02/11/2020 18 ORDER granting 17 Motion to Substitute Attorney Attorney James Roy Young terminated.(Signed by Judge George C Hanks, Jr) Parties notified.(jegonzalez, 4) (Entered: 02/11/2020)
03/05/2020 19 Motion to Dismiss Letter by Lakeside Residential Community Association, Inc., filed.(Miller, David) (Entered: 03/05/2020)
03/06/2020 20 NOTICE of Setting as to 19 Motion to Dismiss Letter. Parties notified. Pre-Motion Conference set for 3/18/2020 at 02:15 PM by telephone before Judge George C Hanks Jr, filed. (jegonzalez, 4) (Entered: 03/06/2020)
03/18/2020 22 Minute Entry for proceedings held before Judge George C Hanks, Jr. PRE-MOTION CONFERENCE held on 3/18/2020. Defendant Lakeside Residential Community Association, Inc.s request for leave to file a motion to dismiss (Dkt. 19) is GRANTED. Lakeside will file its motion to dismiss by Monday, March 30, 2020. Defendant Harris County will file its motion to dismiss by Friday, April 17, 2020. Plaintiffs response to both motions is due Monday, May 18, 2020.Appearances: Susan Cecilia Norman, Jim C Ezer, Christopher John Dobson.(Digital # 2:15 – 2:40)(ERO:Yes), filed.(SusanGram, 3) (Entered: 04/08/2020)
03/30/2020 21 MOTION to Dismiss for Lack of Jurisdiction by Lakeside Residential Community Association, Inc., filed. Motion Docket Date 4/20/2020. (Attachments: # 1 Proposed Order)(Miller, David) (Entered: 03/30/2020)
04/17/2020 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Harris County, filed. Motion Docket Date 5/8/2020. (Attachments: # 1 Proposed Order)(Ezer, Jim) (Entered: 04/17/2020)
05/04/2020 24 DESIGNATION OF EXPERT WITNESS LIST by DHI Fund, LP, filed.(Frame, Nicholas) (Entered: 05/04/2020)
05/18/2020 25 MOTION for Extension of Time File Response to Motions to Dismiss by Jean Crawford, Billy Crawford, Jr., filed. Motion Docket Date 6/8/2020. (Attachments: # 1 Proposed Order)(Norman, Susan) (Entered: 05/18/2020)
05/20/2020 26 Unopposed AMENDED 25 , 21 , 23 MOTION, MOTION for Extension of Time File Response to Motions to Dismiss( Motion Docket Date 6/10/2020.) by Jean Crawford, Billy Crawford, Jr., filed. (Norman, Susan) (Entered: 05/20/2020)
05/20/2020 27 ORDER granting 25 Motion for Extension of Time. The Court considered counsel for Plaintiffs partially Unopposed Motion to Extend Time to File Response to Motions to Dismiss to and including June 17, 2020.(Signed by Judge George C Hanks, Jr) Parties notified.(SusanGram, 3) (Entered: 05/20/2020)
06/17/2020 28 RESPONSE to 21 MOTION to Dismiss for Lack of Jurisdiction23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jean Crawford, Billy Crawford, Jr.. (Norman, Susan) (Entered: 06/17/2020)
06/19/2020 29 ORDER. Replies to 21 , 23 MOTIONS TO DISMISS due by 6/24/2020. (Signed by Judge George C Hanks, Jr) Parties notified.(gclair, 4) (Entered: 06/19/2020)
06/24/2020 30 REPLY to Response to 21 MOTION to Dismiss for Lack of Jurisdiction23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Harris County. (Ezer, Jim) (Entered: 06/24/2020)
06/24/2020 31 REPLY in Support of 21 MOTION to Dismiss for Lack of Jurisdiction, filed by Lakeside Residential Community Association, Inc.. (Miller, David) (Entered: 06/24/2020)
07/06/2020 32 NOTICE of Setting. Parties notified. Status Conference set for 7/13/2020 at 11:30 AM in by video before Judge George C Hanks Jr, filed. (agould, 3) (Entered: 07/06/2020)
07/12/2020 33 NOTICE of Resetting as to 32 Notice of Setting, 21 MOTION to Dismiss for Lack of Jurisdiction23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Parties notified. Status Conference reset for 7/16/2020 at 11:30 AM in by video before Judge George C Hanks Jr, filed. Zoomgov.com information included (gclair, 4) (Entered: 07/12/2020)
07/16/2020 34 Minute Entry for proceedings held before Judge George C Hanks, Jr. STATUS CONFERENCE held on 7/16/2020 denying 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 21 MOTION to Dismiss for Lack of Jurisdiction. This case is stayed and administratively closed. Parties will file a joint status report within 30 days after the state proceedings resolve. Appearances: Susan Cecilia Norman, Nicholas Michael Frame, Jim C Ezer, Christopher John Dobson.(Court Reporter: J. Sanchez)(Digital # 11:32-11:43), filed.(gclair, 4) (Entered: 07/24/2020)
08/04/2020 35 NOTICE of attorney substitution by DHI Fund, LP. Attorney Jeffrey Craig Jackson added. Attorney Nicholas Michael Frame terminated, filed. (Jackson, Jeffrey) (Entered: 08/04/2020)
03/21/2023 36 Notice to the Court as Ordered by Docket #34 and Joint Motion to Dismiss with Prejudice by DHI Fund, LP, filed. (Attachments: # 1 Proposed Order Granting Joint Motion to Dismiss with Prejudice)(Jackson, Jeffrey) (Entered: 03/21/2023)
03/21/2023 37 ORDER granting 36 Joint Motion to Dismiss with Prejudice. (Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4) (Entered: 03/21/2023)

 


 

PACER Service Center
Transaction Receipt
11/02/2024 16:41:40

Billy Joe Crawford, Jr. and Jean Lannett Crawford

(17-36174)

United States Bankruptcy Court, S.D. Texas, Judge David R. Jones

AUG 12, 2019 | REPUBLISHED BY LIT: NOV 3, 2024
NOV 3, 2024

Above is the date LIT Last updated this article.

Aug 4, 2020

NOTICE of attorney substitution by DHI Fund, LP.

Attorney Jeffrey Craig Jackson added. Attorney Nicholas Michael Frame terminated.

It would be bankruptcy judge  David R. Jones who would reject the motion by Nick Frame for non-compliance. That was when Nick was nickin’ homes as an auctioneer for legal firm Barry and Sewart. He’s now at the Wolves of foreclosure, Mackie Wolf – part-time. He would be subbed lyin’ Jeff Jackson.

CLOSED, PlnDue, DISMISSED

 

U.S. Bankruptcy Court
Southern District of Texas (Houston)
Bankruptcy Petition #: 17-36174

Assigned to: David R Jones
Chapter 13
Voluntary
Asset

 

Debtor disposition:  Dismissed for Other Reason
Joint debtor disposition: Dismissed for Other Reason

Date filed:   11/06/2017
Date terminated:   02/14/2020
Debtor dismissed:   08/20/2019
Joint debtor dismissed:   08/20/2019
341 meeting:   12/13/2017

 

Debtor
Billy Joe Crawford, Jr.
18203 Maple Arbor Court
Cypress, TX 77429
HARRIS-TX
SSN / ITIN: xxx-xx-4095
represented by Jesse Blanco, Jr
Attorney at Law
7406 Garden Grove
San Antonio, TX 78250
713-320-3732
Fax : 210-509-6903
Email: lawyerjblanco@gmail.comSusan C Norman
Attorney at Law
PO Box 55585
Houston, TX 77255
713-882-2066
Fax : 281-402-3682
Email: suenorman@SueNormanLaw.comTimothy Webb
Webb & Associates
550 Westcott ST
Ste 210
Houston, TX 77007
713-752-0011
Email: timwebblaw@aol.com
Joint Debtor
Jean Lannett Crawford
18203 Maple Arbor Court
Cypress, TX 77429
HARRIS-TX
SSN / ITIN: xxx-xx-3108
represented by Jesse Blanco, Jr
(See above for address)Susan C Norman
(See above for address)Timothy Webb
(See above for address)
Defendant
Mark Herman Constable Precinct 4
represented by Jim C. Ezer
Harris County Attorney’s Office
1019 Congress
15th Fl
Houston, TX 77002
713-274-5349
Email: jim.ezer@cao.hctx.net
Trustee
William E. Heitkamp
Office of Chapter 13 Trustee
9821 Katy Freeway
Ste 590
Houston, TX 77024
713-722-1200
U.S. Trustee
US Trustee
Office of the US Trustee
515 Rusk Ave
Ste 3516
Houston, TX 77002
713-718-4650

 

Filing Date # Docket Text
11/06/2017 1
(61 pgs)
Chapter 13 Voluntary Petition Individual . Fee Amount $310 Filed by Billy Joe Crawford Jr., Jean Lannett Crawford. (Webb, Timothy) (Entered: 11/06/2017)
11/06/2017 2
(10 pgs)
Chapter 13 Plan Summary and Statistical Cover Sheet Filed by Billy Joe Crawford Jr., Jean Lannett Crawford (Webb, Timothy) (Entered: 11/06/2017)
11/06/2017 3
(27 pgs)
Debtor’s Payment Advices or Certification under 11 USC 521 (Filed By Billy Joe Crawford Jr.). (Webb, Timothy) (Entered: 11/06/2017)
11/06/2017 4
(2 pgs; 2 docs)
Certificate of Credit Counseling (Filed By Billy Joe Crawford Jr., Jean Lannett Crawford ). (Attachments: # 1 Joint Debtor’s Certificate of Credit Counseling) (Webb, Timothy) (Entered: 11/06/2017)
11/07/2017 5
(1 pg)
Notice and Order regarding exchanging of exhibits and witness lists in all contested matters and adversary proceedings. (Entered: 11/07/2017)
11/08/2017 6 Statement of Social Security Number Filed. Does this document change the social security number for one or more debtors? No. Has the Meeting of Creditors been set in this case? No. (smur) (Entered: 11/08/2017)
11/08/2017 7 Declaration for Electronic Filing and Statement of Social Security Number Filed. Does this document change the social security number for one or more debtors? No. Has the Meeting of Creditors been set in this case? No. (smur) (Entered: 11/08/2017)
11/09/2017 8
(1 pg)
Notice of Appearance and Request for Notice Filed by PRA Receivables Management, LLC (Smith, Valerie) (Entered: 11/09/2017)
11/09/2017 9
(2 pgs)
BNC Certificate of Mailing. (Related document(s):5 Order Regarding the Exchange of Exhibits and Witness lists in all contested matters and adversary proceedings) No. of Notices: 1. Notice Date 11/09/2017. (Admin.) (Entered: 11/10/2017)
11/14/2017 10
(3 pgs)
Order: Possible Future Dismissal of Case. Court advises that 11 U.S.C. Section 521(i) requires automatic dismissal if information required by Section 521(a)(1) is not filed. Signed on 11/14/2017 (lgouadi) (Entered: 11/14/2017)
11/14/2017 11
(4 pgs)
Initial Case Management Order, Initial Order on Debtor’s Responsibilities, and Order Authorizing Use of Vehicles Pursuant to 363 and Providing Adequate Protection. Signed on 11/14/2017 (lgouadi) (Entered: 11/14/2017)
11/16/2017 12
(2 pgs)
Chapter 13 Meeting of Creditors. 341(a) meeting to be held on 12/13/2017 at 10:30 AM at Houston, 515 Rusk Suite 3401. Financial Management Course due:1/29/2018. Proofs of Claims due by 3/13/2018. Government Proof of Claim due by 5/15/2018. Confirmation Hearing to be held on 1/8/2018 at 11:00 AM at Houston, Courtroom 400 (DRJ). Clerk to send Notice on Financial Management Requirement 1/29/2018. (Heitkamp, William) (Entered: 11/16/2017)
11/16/2017 13
(5 pgs)
BNC Certificate of Mailing. (Related document(s):11 Initial Order for Chapter 13 Case) No. of Notices: 11. Notice Date 11/16/2017. (Admin.) (Entered: 11/17/2017)
11/16/2017 14
(4 pgs)
BNC Certificate of Mailing. (Related document(s):10 Order: Possible Future Dismissal of Case) No. of Notices: 1. Notice Date 11/16/2017. (Admin.) (Entered: 11/17/2017)
11/18/2017 15
(4 pgs)
BNC Certificate of Mailing – Meeting of Creditors. (Related document(s):12 Chapter 13 Meeting of Creditors (batch)) No. of Notices: 4. Notice Date 11/18/2017. (Admin.) (Entered: 11/18/2017)
12/05/2017 16
(1 pg)
Debtor’s Payment Advices or Certification under 11 USC 521 (Filed By Jean Lannett Crawford ). (Webb, Timothy) (Entered: 12/05/2017)
12/06/2017 17
(3 pgs)
Chapter 13 Trustee’s Notice of Confirmation Hearing and Plan Summary. (Heitkamp, William) (Entered: 12/06/2017)
12/08/2017 18
(5 pgs)
BNC Certificate of Mailing. (Related document(s):17 Chapter 13 Trustee’s Notice of Confirmation Hearing and Plan Summary) No. of Notices: 15. Notice Date 12/08/2017. (Admin.) (Entered: 12/09/2017)
12/11/2017 19
(2 pgs)
Chapter 13 Trustee’s Motion to Dismiss Case . Hearing scheduled for 1/8/2018 at 11:00 AM. (Heitkamp, William) (Entered: 12/11/2017)
12/12/2017 20
(1 pg)
Proposed Wage Order (Filed By Billy Joe Crawford Jr.). (Webb, Timothy) (Entered: 12/12/2017)
12/13/2017 21
(2 pgs)
Notice of Appearance and Request for Notice Filed by Paul Wilfred Cervenka Filed by on behalf of Wells Fargo Bank N.A. (Cervenka, Paul) (Entered: 12/13/2017)
12/13/2017 22
(3 pgs)
Certificate (Filed By William E. Heitkamp ). (Heitkamp, William) (Entered: 12/13/2017)
12/20/2017 23 Meeting of Creditors Held – Trustee Does Not Recommend Confirmation of the plan filed on 11/6/2017, document number 2. Debtor appeared at the meeting held 12/13/2017. Meeting concluded . (Related document(s):12 Chapter 13 Meeting of Creditors (batch)) (Heitkamp, William) (Entered: 12/20/2017)
12/21/2017 24
(1 pg)
Order for Debtor’s Employer to Pay Trustee Signed on 12/21/2017 (emiller) (Entered: 12/21/2017)
12/23/2017 25
(2 pgs)
BNC Certificate of Mailing. (Related document(s):24 Order Employer To Pay Trustee) No. of Notices: 1. Notice Date 12/23/2017. (Admin.) (Entered: 12/23/2017)
01/03/2018 26
(24 pgs)
Amended Chapter 13 Plan, Amended Chapter 13 Plan Summary Filed by Billy Joe Crawford Jr., Jean Lannett Crawford. (Webb, Timothy) (Entered: 01/03/2018)
01/08/2018 28
(1 pg)
Order/Courtroom Minutes. Confirming Chapter 13 Plan and Valuing Collateral Pursuant to 11 U.S.C. 506. Related to document 12. Appearances: Yvonne Valdez for the Trustee, Timothy Webb for the Debtors, Billy Joe Crawford, Jr., and Jean Lannett Crawford, Debtors. Debtors to provide affidavit, statement, or letter to Trustee regarding plan payments. (LinhthuDo) (Entered: 01/08/2018)
01/08/2018 27
(1 pg)
Order/Courtroom Minutes. The trustees motion to dismiss is withdrawn. Related to document 19. Appearances: Yvonne Valdez for the Trustee, Timothy Webb for the Debtors, Billy Joe Crawford, Jr., and Jean Lannett Crawford, Debtors. Debtors to provide affidavit, statement, or letter to Trustee regarding plan payments. (LinhthuDo) (Entered: 01/08/2018)
01/10/2018 29
(3 pgs)
BNC Certificate of Mailing. (Related document(s):28 Courtroom Minutes/Order – C5 LZP JB – C2 MI DJ ER) No. of Notices: 18. Notice Date 01/10/2018. (Admin.) (Entered: 01/11/2018)
01/10/2018 30
(3 pgs)
BNC Certificate of Mailing. (Related document(s):27 Courtroom Minutes/Order – D13) No. of Notices: 18. Notice Date 01/10/2018. (Admin.) (Entered: 01/11/2018)
01/29/2018 31
(1 pg)
Notice on Financial Management Course Requirement. (Entered: 01/29/2018)
01/31/2018 32
(2 pgs)
BNC Certificate of Mailing. (Related document(s):31 Notice on Financial Management Course Requirement) No. of Notices: 1. Notice Date 01/31/2018. (Admin.) (Entered: 01/31/2018)
03/27/2018 33
(2 pgs)
Chapter 13 Trustee’s Motion to Dismiss Case . (Heitkamp, William) (Entered: 03/27/2018)
03/28/2018 34
(5 pgs; 2 docs)
Response to Trustee’s Motion to Dismiss for Failure to Make Payments (related document(s):33 Chapter 13 Trustee’s Motion to Dismiss Case). Filed by Billy Joe Crawford Jr., Jean Lannett Crawford (Attachments: # 1 List of Creditors) (Webb, Timothy) (Entered: 03/28/2018)
04/05/2018 35
(7 pgs)
Notice of Mortgage Payment Change under Rule 3002.1(b) (Claim # 2) (Shoemaker, Kristen) (Entered: 04/05/2018)
04/24/2018 36
(2 pgs)
Chapter 13 Trustee’s Notice of Adjustment to Plan Payment. (Heitkamp, William) (Entered: 04/24/2018)
04/24/2018 37
(3 pgs; 2 docs)
Motion to Pay . Objections/Request for Hearing Due in 21 days. Filed by Trustee William E. Heitkamp (Attachments: # 1 Proposed Order) (Heitkamp, William) (Entered: 04/24/2018)
04/25/2018 38
(2 pgs)
Certificate (Filed By William E. Heitkamp ). (Heitkamp, William) (Entered: 04/25/2018)
04/30/2018 39 Withdrawal of Motion to Dismiss (Related document(s):33 Chapter 13 Trustee’s Motion to Dismiss Case) (Heitkamp, William) (Entered: 04/30/2018)
05/15/2018 40
(2 pgs)
Order Granting Motion To Pay (Related Doc # 37) Signed on 5/15/2018. (emiller) (Entered: 05/15/2018)
05/17/2018 41
(3 pgs)
BNC Certificate of Mailing. (Related document(s):40 Order on Motion to Pay) No. of Notices: 2. Notice Date 05/17/2018. (Admin.) (Entered: 05/18/2018)
05/24/2018 42
(29 pgs; 4 docs)
First Motion for Relief from Co-Debtor Stay Filed by Interested Party DHI FUND, LP Hearing scheduled for 6/21/2018 at 02:00 PM at Houston, Courtroom 400 (DRJ). (Attachments: # 1 Exhibit # 2 Exhibit # 3 Proposed Order) (Frame, Nicholas) (Entered: 05/24/2018)
06/06/2018 43
(5 pgs; 2 docs)
Response to Motion for Relief from Automatic Stay Regarding Possessory Interest in 18203 Maple Arbor Court, Cypress, Texas (related document(s):42 Motion for Relief from Co-Debtor Stay). Filed by Billy Joe Crawford Jr., Jean Lannett Crawford (Attachments: # 1 List of Creditors) (Webb, Timothy) (Entered: 06/06/2018)
06/07/2018 44
(8 pgs; 4 docs)
Application to Employ Susan C. Norman as Special Litigation Counsel. Objections/Request for Hearing Due in 21 days. Filed by Debtor Billy Joe Crawford Jr., Joint Debtor Jean Lannett Crawford (Attachments: # 1 Affidavit of Special Litigation Counsel # 2 Proposed Order # 3 List of Creditors) (Webb, Timothy) (Entered: 06/07/2018)
06/07/2018 45
(45 pgs; 3 docs)
Notice of Removal of Civil Action to Bankruptcy Court. Filed by Billy Joe Crawford Jr., Jean Lannett Crawford (Attachments: # 1 Exhibit 2017 11-05 – E x 1 – Filed Original Petition – Bill of Review Set Aside Default Judgment – Cause No. 2015-62925. # 2 Exhibit 2017 11-07 – Ex 2 – Filed – Crawford Suggestion of Bankruptcy 2017-74478)(Blanco, Jesse) (Entered: 06/07/2018)
06/15/2018 46
(1 pg)
Order on Debtors’ Application to Employ (Related Doc # 44) Signed on 6/15/2018. (aalo) (Entered: 06/18/2018)
06/20/2018 47
(13 pgs; 4 docs)
Application to Employ Susan C. Norman as Special Litigation Counsel. Objections/Request for Hearing Due in 21 days. Filed by Debtor Billy Joe Crawford Jr., Joint Debtor Jean Lannett Crawford (Attachments: # 1 Exhibit A – Norman’s Employment Agreement # 2 Proposed Order # 3 List of Creditors) (Webb, Timothy) (Entered: 06/20/2018)
06/20/2018 48
(2 pgs)
BNC Certificate of Mailing. (Related document(s):46 Order on Application to Employ) No. of Notices: 3. Notice Date 06/20/2018. (Admin.) (Entered: 06/21/2018)
06/21/2018 49
(1 pg)
Order Signed on 6/21/2018 (Related document(s):42 Motion for Relief from Co-Debtor Stay) (aalo) (Entered: 06/21/2018)
06/23/2018 50
(2 pgs)
BNC Certificate of Mailing. (Related document(s):49 Generic Order) No. of Notices: 3. Notice Date 06/23/2018. (Admin.) (Entered: 06/23/2018)
06/29/2018 51
(29 pgs; 4 docs)
Second Motion for Relief from Stay . Fee Amount $181. Filed by Interested Party DHI FUND, LP Hearing scheduled for 7/26/2018 at 02:00 PM at Houston, Courtroom 400 (DRJ). (Attachments: # 1 Exhibit EXHIBIT A # 2 Exhibit EXHIBIT B # 3 Proposed Order) (Frame, Nicholas) (Entered: 06/29/2018)
07/16/2018 52
(1 pg)
Order Authorizing Retention of Susan Norman as Special Litigation Counsel (Related Doc # 47) Signed on 7/16/2018. (aalo) (Entered: 07/18/2018)
07/19/2018 53
(5 pgs; 2 docs)
Response (related document(s):51 Motion for Relief From Stay). Filed by Billy Joe Crawford Jr., Jean Lannett Crawford (Attachments: # 1 List of Creditors) (Webb, Timothy) (Entered: 07/19/2018)
07/20/2018 54
(2 pgs)
BNC Certificate of Mailing. (Related document(s):52 Order on Application to Employ) No. of Notices: 3. Notice Date 07/20/2018. (Admin.) (Entered: 07/20/2018)
07/24/2018 55
(46 pgs; 11 docs)
Exhibit List, Witness List (Filed By Billy Joe Crawford Jr., Jean Lannett Crawford ).(Related document(s):51 Motion for Relief From Stay) (Attachments: # 1 Exhibit 1 – HOA Original Petition # 2 Exhibit 2 – Citation re HOA Lawsuit # 3 Exhibit 3 – Affidavit of Service re Billy Crawford # 4 Exhibit 4 – Affidavit of Service re Jean Crawford # 5 Exhibit 5 – Default Judgment # 6 Exhibit 6 – Execution and Order of Sale # 7 Exhibit 7 – Constable’s Notice of Intent to Sell # 8 Exhibit 8 – HCAD Report # 9 Exhibit 9 – Refund Check from Constable # 10 List of Creditors) (Webb, Timothy) (Entered: 07/24/2018)
07/24/2018 56
(26 pgs; 3 docs)
Exhibit List (Filed By DHI FUND, LP ).(Related document(s):51 Motion for Relief From Stay) (Attachments: # 1 Exhibit Deed Under Execution and Order of Sale # 2 Exhibit Execution and Order of Sale) (Frame, Nicholas) (Entered: 07/24/2018)
07/26/2018 57
(1 pg)
Order Denying Motion for Relief from Stay Signed on 7/26/2018 (Related document(s):51 Motion for Relief From Stay) (VrianaPortillo) (Entered: 07/27/2018)
07/29/2018 58
(2 pgs)
BNC Certificate of Mailing. (Related document(s):57 Generic Order) No. of Notices: 3. Notice Date 07/29/2018. (Admin.) (Entered: 07/29/2018)
11/16/2018 59
(29 pgs; 4 docs)
Third Motion for Relief from Stay . Fee Amount $181. Filed by Interested Party DHI FUND, LP Hearing scheduled for 12/11/2018 at 09:00 AM at Houston, Courtroom 400 (DRJ). (Attachments: # 1 Proposed Order # 2 Exhibit # 3 Exhibit) (Frame, Nicholas) (Entered: 11/16/2018)
12/04/2018 60
(5 pgs; 2 docs)
Response to Motion for Relief from Automatic Stay Regarding Possessory Interest in 18203 Maple Arbor Court, Cypress, Texas (related document(s):59 Motion for Relief From Stay). Filed by Billy Joe Crawford Jr., Jean Lannett Crawford (Attachments: # 1 List of Creditors) (Webb, Timothy) (Entered: 12/04/2018)
12/04/2018 61
(44 pgs; 10 docs)
Witness List, Exhibit List (Filed By Billy Joe Crawford Jr., Jean Lannett Crawford ).(Related document(s):59 Motion for Relief From Stay) (Attachments: # 1 Exhibit 1 – HOA Original Petition # 2 Exhibit 2 – Citation re HOA Lawsuit # 3 Exhibit 3 – Affidavit of Service re Billy Crawford # 4 Exhibit 4 – Affidavit of Service re Jean Crawford # 5 Exhibit 5 – Default Judgment # 6 Exhibit 6 – Execution and Order of Sale # 7 Exhibit 7 – Constable’s Notice of Intent to Sell # 8 Exhibit 8 – HCAD Report # 9 Exhibit 9 – Refund Check from Constable) (Webb, Timothy) (Entered: 12/04/2018)
12/06/2018 62
(26 pgs; 3 docs)
Exhibit List, Witness List (Filed By DHI FUND, LP ). (Attachments: # 1 Exhibit Deed Under Execution and Order of Sale # 2 Exhibit Execution and Order of Sale) (Frame, Nicholas) (Entered: 12/06/2018)
12/14/2018 63
(97 pgs; 5 docs)
Adversary case 18-03400. Nature of Suit: (01 (Determination of removed claim or cause)),(14 (Recovery of money/property – other)), (71 (Injunctive relief – reinstatement of stay)),(91 (Declaratory judgment)) Complaint to Determine Ownership of Property, Motion for Temporary Restraining Order and Request for Temporary Injunction by Billy Joe Crawford Jr., Jean Lannett Crawford against DHI Fund, LP, Lakeside Residential Community Association, Inc., Harris County, Mark Herman, Mary Vu, Nancy Chong, Warrenson Payne. Fee Amount $350 (Attachments: # 1 Complaint Adversary Complaint to Determine Ownership, TRO and Req T # 2 Exhibit Exhibit 1 – Doc 45-1 – Removed Filed Bill of Review # 3 Exhibit Exhibit 2 – CPRC 65.043 Affidavit # 4 Proposed Order Temporary Restraining Order) (Norman, Susan) (Entered: 12/14/2018)
12/14/2018 64
(2 pgs)
Proposed Order RE: (Filed By DHI FUND, LP ).(Related document(s):59 Motion for Relief From Stay) (Frame, Nicholas) (Entered: 12/14/2018)
12/17/2018 65
(5 pgs)
Notice of Appearance and Request for Notice Filed by Susan C Norman Filed by on behalf of Billy Joe Crawford Jr., Jean Lannett Crawford (Norman, Susan) (Entered: 12/17/2018)
01/11/2019 66
(9 pgs)
Answer to Complaint (Related document(s):63 Complaint) Filed by DHI FUND, LP (Frame, Nicholas) (Entered: 01/11/2019)
01/18/2019 67
(9 pgs; 2 docs)
Motion to Dismiss Case for Other Cause Lack of Jurisdiction. Objections/Request for Hearing Due in 21 days. Filed by Interested Party DHI FUND, LP (Attachments: # 1 Proposed Order) (Frame, Nicholas) (Entered: 01/18/2019)
02/01/2019 68
(12 pgs)
Response . Filed by Lakeside Residential Community Association, Inc. (Berk, David) (Entered: 02/01/2019)
02/07/2019 69
(5 pgs; 2 docs)
Response to DHI’s Motion to Dismiss for Lack of Jurisdiction (related document(s):67 Motion to Dismiss Case). Filed by Billy Joe Crawford Jr., Jean Lannett Crawford (Attachments: # 1 List of Creditors) (Webb, Timothy) (Entered: 02/07/2019)
02/08/2019 70
(29 pgs; 4 docs)
Response Plaintiffs Notice of Filing of Response to DHI Fund, LPs Motion to Dismiss, Filed in Main Case, but Not in Adversary (related document(s):67 Motion to Dismiss Case). Filed by Billy Joe Crawford Jr., Jean Lannett Crawford (Attachments: # 1 2019 02-08 – Plaintiffs’ Response to DHI Motion to Dismiss # 2 2016 12-01 – Ex. 1 – Constable Demand Letter to Sell Homestead # 3 Proposed Order 2019 02-08 – Proposed Order Denying DHI Motion to Dismiss) (Norman, Susan) (Entered: 02/08/2019)
02/12/2019 71
(4 pgs; 2 docs)
Withdraw Document (Filed By Billy Joe Crawford Jr., Jean Lannett Crawford ).(Related document(s):69 Response) (Attachments: # 1 List of Creditors) (Webb, Timothy) (Entered: 02/12/2019)
02/12/2019 73
(2 pgs)
Order on DHI Fund, LP’s Motion fro Relief from Automatic Tax 2/12/2019 (Related document(s):59 Motion for Relief From Stay) (VrianaPortillo) (Entered: 02/13/2019)
02/13/2019 72
(5 pgs; 2 docs)
Motion to Dismiss Case for Other Cause . Objections/Request for Hearing Due in 21 days. Filed by Defendant Mark Herman Constable Precinct 4 (Attachments: # 1 Proposed Order) (Ezer, Jim) (Entered: 02/13/2019)
02/18/2019 74
(8 pgs)
Answer to Complaint with Jury Demand (Related document(s):63 Complaint) Filed by Mark Herman Constable Precinct 4 (Ezer, Jim) (Entered: 02/18/2019)
03/20/2019 75
(1 pg)
Notice of Appearance and Request for Notice Filed by American Express National Bank (Mukherjee, Sabari) (Entered: 03/20/2019)
04/05/2019 76
(7 pgs)
Notice of Mortgage Payment Change under Rule 3002.1(b) (Claim # 2) (Braswell, Maranda) (Entered: 04/05/2019)
04/30/2019 79
(2 pgs)
Order Granting DHI Fund’s Motion to Dismiss for Lack of Jurisdiction; and Order Granting the Defendant Constable Precinct 4 Mark Herman’s Motion to Dismiss Signed on 4/30/2019 (VrianaPortillo) (Entered: 05/02/2019)
05/01/2019 77
(2 pgs)
Chapter 13 Trustee’s Notice of Adjustment to Plan Payment. (Heitkamp, William) (Entered: 05/01/2019)
05/01/2019 78
(1 pg)
Chapter 13 Trustee’s Notice of Wage Order Adjustment (Heitkamp, William) (Entered: 05/01/2019)
05/06/2019 80
(4 pgs)
Notice of Appearance and Request for Notice Filed by Abbey U. Dreher Filed by on behalf of HSBC Bank USA, National Association as Trustee (Dreher, Abbey) (Entered: 05/06/2019)
06/24/2019 81
(2 pgs)
Notice of Appearance and Request for Notice Filed by Megan F. Clontz Filed by on behalf of HSBC Bank USA, National Association as Trustee for Nomura Asset Acceptance Corporation, Alternative Loan Trust, Series 2007-1, Mortgage Pass-Through Certificates, Series 2007-1 (Clontz, Megan) (Entered: 06/24/2019)
07/16/2019 82
(6 pgs; 3 docs)
Motion to Dismiss Chapter 13 Case Filed by Debtor Billy Joe Crawford Jr., Joint Debtor Jean Lannett Crawford (Attachments: # 1 Proposed Order # 2 List of Creditors) (Webb, Timothy) (Entered: 07/16/2019)
08/20/2019 83
(1 pg)
Order on Debtors’ Motion to Dismiss Chapter 13 Case Signed on 8/20/2019 (VrianaPortillo) (Entered: 08/20/2019)
08/22/2019 84
(4 pgs)
BNC Certificate of Mailing. (Related document(s):83 Order Dismissing Debtor(s)) No. of Notices: 20. Notice Date 08/22/2019. (Admin.) (Entered: 08/22/2019)
01/13/2020 85
(3 pgs)
Chapter 13 Trustee Final Report and Account. (Heitkamp, William) (Entered: 01/13/2020)
02/14/2020 86
(1 pg)
Final Decree Signed on 2/14/2020 (Olin) (Entered: 02/14/2020)
02/16/2020 87
(2 pgs)
BNC Certificate of Mailing. (Related document(s):86 Final Decree) No. of Notices: 1. Notice Date 02/16/2020. (Admin.) (Entered: 02/16/2020)

 


 

PACER Service Center
Transaction Receipt
11/02/2024 15:47:07

201936659 –

CRAWFORD, BILLY JR vs. DHI FUND LP

(Court 061, JUDGE FREDERICKA PHILLIPS)

MAY 28, 2019 | REPUBLISHED BY LIT: NOV 3, 2024
NOV 3, 2024

Above is the date LIT Last updated this article.

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