Ruiz v. Deutsche Bank National Trust Company
as Trustee for the First Franklin Mortgage Loan Trust 2006-FF16, Asset Backed Certificates Series 2006-FF16
(4:23-cv-00651)
District Court, S.D. Texas, Judge Andrew Hanen
FEB 22, 2023| REPUBLISHED BY LIT: MAY 2, 2024
MAY 3, JUN 19, 2024
HAR website claims home sold on May 31, and Judge Hanen Dismisses case on Jun 7, 2024
Above is the date LIT Last updated this article.
The dismissal with prejudice filed on May 26, 2023 states that no foreclosure would occur before Aug 1, 2023.
However, Ruiz has been in Chapter 13 bankruptcy on the main case since 2021. Without detailed auditing, it appears there was never a formal motion request to lift the automatic stay. The case would be finally dismissed by decree on March 5, 2024.
Which begs the question, why was there a non-judicial foreclosure attempted by sending a notice of sale in Dec. 2022 (per Ruiz state filing above), which resulted in Ruiz (a) Filing a new bankruptcy case and (b) Ruiz hiring an attorney to defend the foreclosure?
In these proceedings, an agreement was reached to dismiss the case “with prejudice” on the basis that Ruiz agreed to voluntarily sell the home as there was $25k equity. As stated and as part of the agreement, no foreclosure would occur before August 1, 2023.
As LIT reveals below, shortly thereafter Ruiz files another bankruptcy on (a) September 28, and (b) December 28, 2023, and February 23, 2024. LIT assumes these acts can be construed as several attempts to stop non-judicial foreclosures which may have been set for Oct 2023, January and March 2024 respectively.
At the time of this update and commentary, the home is shown as being on the market for around 10 months and has a “under contract” with a price of $500k, and which LIT takes with a grain of salt based on past experience in foreclosure cases.
Fort Bend real property records show no trustee’s deed at this time (recording sale of property at auction).
LIT is monitoring the events of this case.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:23-cv-00651
| Ruiz v. Deutsche Bank National Trust Company as Trustee for the First Franklin Mortgage Loan Trust 2006-FF16, Asset Backed Certificates Series 2006-FF16 et al Assigned to: Judge Andrew S Hanen
Cause: 12:191 Bank Foreclosure |
Date Filed: 02/22/2023 Date Terminated: 06/07/2023 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Irene Ruiz | represented by | James Harrison Miller Attorney at Law P O Box 540848 Houston, TX 77254 713-529-1234 Fax: 713-513-5425 Email: jitmiller@outlook.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Deutsche Bank National Trust Company as Trustee for the First Franklin Mortgage Loan Trust 2006-FF16, Asset Backed Certificates Series 2006-FF16 | represented by | H Gray Burks ShapiroSchwartz LLP 13105 Northwest Freeway Suite 1200 Houston, TX 77040 713/933-1509 Email: gburks@logs.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDWilliam David Jennings Law Office of B. Thomas McElroy 3333 Lee Parkway Suite 600 Dallas, TX 75219 646-639-0677 Fax: 214-526-4145 Email: wjennings@protonmail.com ATTORNEY TO BE NOTICED |
| Defendant | ||
| Specialized Loan Servicing LLC | represented by | H Gray Burks (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDWilliam David Jennings (See above for address) ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 02/22/2023 | 1 | NOTICE OF REMOVAL from 434th District Court, case number 23-DCV-300975 (Filing fee $ 402 receipt number ATXSDC-29498120) filed by Specialized Loan Servicing LLC, Deutsche Bank National Trust Company as Trustee for the First Franklin Mortgage Loan Trust 2006-FF16, Asset Backed Certificates Series 2006-FF16. (Attachments: # 1 Exhibit A – Index of Documents, # 2 Exhibit B – List of Counsel, # 3 Exhibit C – State Court Docket, # 4 Exhibit C1 – Petition, # 5 Exhibit C2 – TRO, # 6 Exhibit C3 – Answer, # 7 Civil Cover Sheet Civil Cover Sheet)(Jennings, William) (Entered: 02/22/2023) |
| 02/22/2023 | 2 | NOTICE Certificate of Notice of Filing by Deutsche Bank National Trust Company as Trustee for the First Franklin Mortgage Loan Trust 2006-FF16, Asset Backed Certificates Series 2006-FF16, Specialized Loan Servicing LLC, filed. (Jennings, William) (Entered: 02/22/2023) |
| 02/22/2023 | 3 | CERTIFICATE OF INTERESTED PARTIES by Deutsche Bank National Trust Company as Trustee for the First Franklin Mortgage Loan Trust 2006-FF16, Asset Backed Certificates Series 2006-FF16, Specialized Loan Servicing LLC, filed.(Jennings, William) (Entered: 02/22/2023) |
| 02/23/2023 | 4 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 6/6/2023 at 11:30 AM by video before Magistrate Judge Sam S Sheldon. (Signed by Judge Andrew S Hanen) Parties notified.(HeatherCarr, 4) (Entered: 02/23/2023) |
| 02/24/2023 | 5 | DESIGNATION of H. Gray Burks, IV as attorney in charge of Deutsche Bank National Trust Company as Trustee for the First Franklin Mortgage Loan Trust 2006-FF16, Asset Backed Certificates Series 2006-FF16, Specialized Loan Servicing LLC, filed.(Burks, H) (Entered: 02/24/2023) |
| 05/26/2023 | 6 | Joint MOTION to Dismiss With Prejudice by Deutsche Bank National Trust Company as Trustee for the First Franklin Mortgage Loan Trust 2006-FF16, Asset Backed Certificates Series 2006-FF16, Specialized Loan Servicing LLC, filed. Motion Docket Date 6/16/2023. (Attachments: # 1 Proposed Order)(Burks, H) (Entered: 05/26/2023) |
| 05/30/2023 | 7 | CLERKS NOTICE OF CANCELLATION Initial Conference set for 6/6/2023 at 11:30 a.m. is CANCELED. Parties notified, filed. (ShannonJones, 4) (Entered: 05/30/2023) |
| 06/07/2023 | 8 | ORDER OF DISMISSAL. Case terminated on 6/7/2023 (Signed by Judge Andrew S Hanen) Parties notified.(rhawkins) (Entered: 06/12/2023) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 05/02/2024 16:24:03 |
Cross Enterprise by Bianca Gomez and Fusia Enterprise by Briana Gomez recorded with address of 5710 Ashley Spring Ct, Katy in June of 2023.
LIT UNVEILS FORECLOSURE TYRANNY
Delve into the Shocking Theft of Texas Homes. A Timely Legal Case Study with Concrete Evidence Exposes the Gravest Injustices!https://t.co/TSDSOJxDzX @DeutscheBank @Law360 @10DowningStreet @Telegraph @guardian @DailyMail @EU_Commission #TWO pic.twitter.com/stynCG9puD
— lawsinusa (@lawsinusa) May 2, 2024
FEB 23, 2024 – DISMISSAL ON MAR 12, 2024 | REPUBLISHED BY LIT: MAY 2, 2024
SEP 28, 2023 – NOV 21, 2023 | REPUBLISHED BY LIT: MAY 2, 2024
DEC 28, 2023 – MAR 14, 2024 | REPUBLISHED BY LIT: MAY 2, 2024
CASE STUDY #2
Unchecked Lawlessness and Theft of Citizens Homes in Texas: The State of Legal Thieves https://t.co/2cNcHrTFB1@OfficialFBOP @HMIPrisonsnews @TPCA_org @PrisonsKe @prisonsorguk @usatodayDC @FoxNewsOpinion @RandPaul @ewarren @edmnangagwa @NGRPresident @DubaiCares #TWO pic.twitter.com/ThWIrKJIXT— lawsinusa (@lawsinusa) May 2, 2024
DEC 7, 2021 – MAR 14, 2024 | REPUBLISHED BY LIT: MAY 2, 2024
Southern District of Texas (Houston)
Bankruptcy Petition #: 21-33930
| Assigned to: Bankruptcy Judge Christopher M. Lopez Chapter 13 Voluntary No asset
Debtor disposition: Dismissed for Other Reason |
|
| Debtor Irene Noemi Ruiz 5710 Ashley Spring CT Katy, TX 77494 FORT BEND-TX SSN / ITIN: xxx-xx-0233 |
represented by | Kyle Payne Payne & Associates, PLLC 1225 North Loop West, Suite 550 Houston, TX 77008 713-228-0200 Fax : 713-588-8750 Email: notices@payne.associates |
| Trustee David Peake Chapter 13 Trustee 9660 Hillcroft Suite 430 Houston, TX 77096-3856 713-283-5400 |
represented by | David Peake Chapter 13 Trustee 9660 Hillcroft Suite 430 Houston, TX 77096-3856 713-283-5400 Fax : 713-852-9084 Email: court@peakech13trustee.com |
| 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 | |
|---|---|---|---|
| 12/07/2021 | 1 (18 pgs) |
Chapter 13 Voluntary Petition Individual . Fee Amount $313 Filed by Irene Noemi Ruiz. (Payne, Kyle) (Entered: 12/07/2021) | |
| 12/07/2021 | 2 (1 pg) |
Certificate of Credit Counseling (Filed By Irene Noemi Ruiz ). (Payne, Kyle) (Entered: 12/07/2021) | |
| 12/07/2021 | 3 (4 pgs) |
Fixed Fee Agreement filed by Debtor(s)’s counsel pursuant to General Order 2004-5. Counsel has received $982.00, pre-petition. Counsel’s fixed fee is $4500.00. Counsel has advanced $0.00 of the filing fee. For matters for which the first hearing date is set more than 120 days following confirmation, the fixed fee for responses to motions for relief from the stay is $425.00, for responses to chapter 13 trustee dismissal motions is $275.00, and for Debtor(s) motions to modify the plan is $800.00. The fixed fee for review of Rule 3002.1 notices filed 120 days after confirmation is $300.00, for debtor’s motion to sell, refinance or incur debt for real property is $600.00, for debtor’s surrender of property per paragraph 20 of the uniform plan is $300.00, and for transfer of real property per paragraph 14 of the uniform plan is $500.00. The rate for hourly services that are not covered by an agreed fixed fee will not exceed $475.00. Petition filed on 12/07/2021. Filed by Debtor Irene Noemi Ruiz (Payne, Kyle) (Entered: 12/07/2021) | |
| 12/08/2021 | 4 (1 pg) |
Notice of Appearance and Request for Notice Filed by PRA Receivables Management, LLC (Smith, Valerie) (Entered: 12/08/2021) | |
| 12/10/2021 | 5 (1 pg) |
Order Granting Chapter 13 Fixed Fee Agreement (Related Doc # 3) Signed on 12/10/2021. (kpico) (Entered: 12/10/2021) | |
| 12/10/2021 | 6 (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 12/10/2021 (JosephWells) (Entered: 12/10/2021) | |
| 12/10/2021 | 7 (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 12/10/2021 (JosephWells) (Entered: 12/10/2021) | |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 05/02/2024 17:01:33 |
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