LIT COMMENTARY
LIT’s blog has become the judiciary and the US Government’s permanent source for checking case status of foreclosure cases. Since we’ve blown the lid off the corrupt practices in the foreclosure legal and financial services vertical, including officers of the court and those who work there, in 2024 the Gov. is on a pending foreclosure purge, and Tennyson falls right into that category.
Our review of Fort Bend’s real property records reveals new appt of substitute trustees in 2021, followed by a rescission of foreclosure in 2022, and an abstract judgment filed in 2024, related to 2009 debt case.
In Tennyson’s case, despite the federal lawsuit terminating at the end of 2022, there would appear to have been no attempt to enforce foreclosure until August of 2024, some 20 months later, however, she was represented by sanctioned lawyer Brandy Alexander. As soon as the 2024 nonjudicial foreclosure was attempted, Angela Tennyson has filed for bankruptcy to thwart foreclosure.
BANKRUPTCY LAW QUESTION TO LITTWIN RE HOUSTON FEDERAL COURT
“The key argument simply points to the precedential 2012 general order that mandates automatic transfer by the district court to the bankruptcy court, in conflict with the ‘related to’ argument presented by the court.” pic.twitter.com/9OcKAwOY63— lawsinusa (@lawsinusa) October 31, 2024
Angela Tennyson
(24-34074)
United States Bankruptcy Court, S.D. Texas
AUG 30, 2024 | REPUBLISHED BY LIT: NOV 1, 2024
Notice of Reset of Meeting of Creditors will be held on Friday, November 15, 2024 at 11:00 am, Trustee Peake Zoom Video Meeting. Filed by David Peake (Peake, David) (Entered: 10/24/2024)
Chapter 13 Trustee’s Motion to Dismiss Case Hearing scheduled for 11/19/2024 at 10:00 AM. (Peake, David) (Entered: 10/22/2024)
Southern District of Texas (Houston)
Bankruptcy Petition #: 24-34074
Assigned to: Bankruptcy Judge Marvin Isgur Chapter 13 Voluntary Asset
|
|
Debtor Angela Tennyson 2103 Rittenmore Missouri City, TX 77489 FORT BEND-TX SSN / ITIN: xxx-xx-1088 aka Angela Delores Tennyson aka Angela Brown Tennyson |
represented by | Susan Tran Adams Tran Singh LLP 2502 La Branch Street Houston, TX 77004 832-975-7300 Fax : 832-975-7301 Email: stran@ts-llp.com |
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 | |
---|---|---|---|
08/30/2024 | 1 (55 pgs) |
Chapter 13 Voluntary Petition Individual . Fee Amount $313 Filed by Angela Tennyson. (Tran Adams, Susan) (Entered: 08/30/2024) | |
08/30/2024 | 2 (1 pg) |
Certificate of Credit Counseling (Filed By Angela Tennyson ). (Tran Adams, Susan) (Entered: 08/30/2024) | |
09/03/2024 | 3 (2 pgs) |
Amended Disclosure of Compensation of Attorney for Debtor (Filed By Angela Tennyson ). (Tran Adams, Susan) (Entered: 09/03/2024) | |
09/03/2024 | 4 (4 pgs) |
Fixed Fee Agreement filed by Debtor(s)’s counsel pursuant to General Order 2023-13. Counsel has received $3,000.00, pre-petition. Counsel’s fixed fee is $5,000.00. 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 $475.00, for responses to chapter 13 trustee dismissal motions is $300.00, and for Debtor(s) motions to modify the plan is $900.00. The fixed fee for review of Rule 3002.1 notices filed 120 days after confirmation is $325.00, for debtor’s motion to sell, refinance or incur debt for real property is $650.00, for debtor’s surrender of property per paragraph 20 of the uniform plan is $325.00, and for transfer of real property per paragraph 14 of the uniform plan is $550.00. The rate for hourly services that are not covered by an agreed fixed fee will not exceed $650.00. Petition filed on 08/30/2024. Filed by Debtor Angela Tennyson (Tran Adams, Susan) (Entered: 09/03/2024) | |
09/04/2024 | 5 (1 pg) |
Order Granting Chapter 13 Fixed Fee Agreement (Related Doc # 4) Signed on 9/4/2024. (acj4) (Entered: 09/04/2024) | |
09/05/2024 | 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. (fmc2) (Entered: 09/05/2024) | |
09/06/2024 | 7 (2 pgs) |
BNC Certificate of Mailing. (Related document(s):5 Order on Chapter 13 Fixed Fee Agreement) No. of Notices: 1. Notice Date 09/06/2024. (Admin.) (Entered: 09/06/2024) | |
09/11/2024 | 8 (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 9/11/2024 (DahlilaRodriguez) (Entered: 09/11/2024) | |
09/11/2024 | 9 (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 9/11/2024 (DahlilaRodriguez) (Entered: 09/11/2024) | |
09/12/2024 | 10 (2 pgs) |
Creditor Request for Notices (Filed By The Bank of New York Mellon ). (Santini, Anthony) (Entered: 09/12/2024) | |
09/13/2024 | 11 (15 pgs) |
Debtor’s Payment Advices or Certification under 11 USC 521 (Filed By Angela Tennyson ). (Tran Adams, Susan) (Entered: 09/13/2024) | |
09/13/2024 | 12 (6 pgs) |
BNC Certificate of Mailing. (Related document(s):9 Initial Order for Chapter 13 Case) No. of Notices: 2. Notice Date 09/13/2024. (Admin.) (Entered: 09/13/2024) | |
09/13/2024 | 13 (4 pgs) |
BNC Certificate of Mailing. (Related document(s):8 Order: Possible Future Dismissal of Case) No. of Notices: 1. Notice Date 09/13/2024. (Admin.) (Entered: 09/13/2024) | |
09/17/2024 | 14 (66 pgs) |
Amended Petition , Amended Schedule A/B: Property Individual , Amended Schedule C , Amended Schedule E/F: Creditors Who Have Unsecured Claims Individual , Amended Schedule G Individual- Executory Contracts and Unexpired Leases , Amended Schedule H Individual- Codebtors , Amended Schedule I: Individual- Your Income , Amended Schedule J Individual- Your Expenses , Summary of Assets and Liabilities Schedules for Individual , Declaration About Individual Debtor’s Schedules , Statement of Financial Affairs for Individual , Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period for 3 Years Form 122C-1. Disposable Income Is Not Determined (Filed By Angela Tennyson ). (Tran Adams, Susan) (Entered: 09/17/2024) | |
09/17/2024 | 15 (22 pgs) |
Chapter 13 Plan, Chapter 13 Plan Summary Filed by Angela Tennyson. (Tran Adams, Susan) (Entered: 09/17/2024) | |
09/17/2024 | 16 (1 pg) |
Proposed Wage Order (Filed By Angela Tennyson ). (Tran Adams, Susan) (Entered: 09/17/2024) | |
09/18/2024 | 17 (1 pg) |
Wage Deduction Order, Signed on 9/18/2024 (Related document(s):16 Proposed Wage Order) (acj4) (Entered: 09/18/2024) | |
09/20/2024 | 18 (2 pgs) |
BNC Certificate of Mailing. (Related document(s):17 Order Employer To Pay Trustee) No. of Notices: 1. Notice Date 09/20/2024. (Admin.) (Entered: 09/20/2024) | |
09/25/2024 | 19 (2 pgs) |
Notice of Chapter 13 Bankruptcy Case, Meeting of Creditors & Notice of Appointment of Trustee.. 341(a) meeting to be held on 10/18/2024 at 12:15 PM, via Zoom – Peake: Meeting ID 457 810 6355, Passcode 4299130578, Phone 1 346 489 7182. Financial Management Course due:12/2/2024. Last day to object to dischargeability under section 523 is 12/17/2024. Proofs of Claims due by 11/8/2024. Government Proof of Claim due by 2/26/2025. Confirmation Hearing to be held on 11/19/2024 at 10:00 AM at Houston, Courtroom 404 (MI). Clerk to send Notice on Financial Management Requirement 12/2/2024. (Peake, David) (Entered: 09/25/2024) | |
09/25/2024 | 20 (5 pgs) |
Chapter 13 Trustee’s Notice of Confirmation Hearing and Plan Summary. (Peake, David) (Entered: 09/25/2024) | |
09/28/2024 | 21 (4 pgs) |
BNC Certificate of Mailing – Meeting of Creditors. (Related document(s):19 Chapter 13 Meeting of Creditors (batch)) No. of Notices: 3. Notice Date 09/28/2024. (Admin.) (Entered: 09/28/2024) | |
09/28/2024 | 22 (7 pgs) |
BNC Certificate of Mailing. (Related document(s):20 Chapter 13 Trustee’s Notice of Confirmation Hearing and Plan Summary) No. of Notices: 2. Notice Date 09/28/2024. (Admin.) (Entered: 09/28/2024) | |
10/22/2024 | 23 | Meeting of Creditors Held – Trustee Does Not Recommend Confirmation of the plan. Debtor appeared. Meeting not concluded October 18, 2024. (Related document(s):19 Chapter 13 Meeting of Creditors (batch)) (Peake, David) (Entered: 10/22/2024) | |
10/22/2024 | 24 (5 pgs) |
Chapter 13 Trustee’s Motion to Dismiss Case Hearing scheduled for 11/19/2024 at 10:00 AM. (Peake, David) (Entered: 10/22/2024) | |
10/24/2024 | 25 (2 pgs) |
Notice of Reset of Meeting of Creditors will be held on Friday, November 15, 2024 at 11:00 am, Trustee Peake Zoom Video Meeting. Filed by David Peake (Peake, David) (Entered: 10/24/2024) |
PACER Service Center | |||
---|---|---|---|
Transaction Receipt | |||
11/01/2024 04:35:16 |
Tennyson v. The Bank of New York Mellon
(4:22-cv-00194)
District Court, S.D. Texas
JAN 19, 2022 | REPUBLISHED BY LIT: MAR 10, 2022
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00194
Tennyson v. The Bank of New York Mellon, et al Assigned to: Judge Andrew S Hanen
Cause: 28:1332 Diversity-Fraud |
Date Filed: 01/19/2022 Date Terminated: 12/21/2022 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
Date Filed | # | Docket Text |
---|---|---|
10/27/2022 | 19 | MOTION for Leave to File Defendants’ Motion for Leave to File Reply to Plaintiff’s Response to Defendants’ Motion to Dismiss and Motion for Summary Judgment by Specialized Loan Servicing, LLC, The Bank of New York Mellon, filed. Motion Docket Date 11/17/2022. (Attachments: # 1 Proposed Order)(Sheppard, Branch) (Entered: 10/27/2022) |
10/27/2022 | 20 | REPLY to 17 Response to Motion, 13 MOTION for Summary Judgment , filed by Specialized Loan Servicing, LLC, The Bank of New York Mellon. (Attachments: # 1 Exhibit A)(Sheppard, Branch) (Entered: 10/27/2022) |
11/01/2022 | 21 | CERTIFICATE of Conference re: 19 MOTION for Leave to File Defendants’ Motion for Leave to File Reply to Plaintiff’s Response to Defendants’ Motion to Dismiss and Motion for Summary Judgment by Specialized Loan Servicing, LLC, The Bank of New York Mellon, filed.(Sheppard, Branch) (Entered: 11/01/2022) |
12/13/2022 | 22 | ORDER granting 19 Motion for Leave to File.(Signed by Judge Andrew S Hanen) Parties notified.(rhawkins) (Entered: 12/13/2022) |
12/21/2022 | 23 | ORDER granting 13 Motion for Summary Judgment. Plaintiffs are ORDERED to reimburse Defendants’ attorney’s fees. This case is hereby dismissed with prejudice. (Signed by Judge Andrew S Hanen) Parties notified.(LaurenWebster, 4) (Entered: 12/21/2022) |
PACER Service Center | |||
---|---|---|---|
Transaction Receipt | |||
12/31/2022 21:41:40 |
Foreclosure defense lawyer (sometimes, when she’s not dumpin’ ’em) Brandy Alexander is late filing a response, but being a ‘friend of the court, that’s not a problem says Judge Hanen.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00194
Create an Alert for This Case on RECAP
Tennyson v. The Bank of New York Mellon, et al Assigned to: Judge Andrew S Hanen
Cause: 28:1332 Diversity-Fraud |
Date Filed: 01/19/2022 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
Date Filed | # | Docket Text |
---|---|---|
08/09/2022 | 13 | MOTION for Summary Judgment by Specialized Loan Servicing, LLC, The Bank of New York Mellon, filed. Motion Docket Date 8/30/2022. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Sheppard, Branch) (Entered: 08/09/2022) |
08/10/2022 | 14 | MINUTE ENTRY ORDER: The Court conducted the Initial Conference and entered a Scheduling Order. Appearances: Branch Masterson Sheppard, Brandy Michelle Alexander. Ct Reporter: ERO. Digital Number: 10:08-10:10AM.(Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4) (Entered: 08/10/2022) |
08/10/2022 | 15 | SCHEDULING ORDER. ETT: 1-2 days. Jury. Amended Pleadings due by 1/3/2023. Joinder of Parties due by 1/3/2023 Pltf Expert Witness List due by 2/21/2023. Pltf Expert Report due by 2/21/2023. Deft Expert Witness List due by 3/21/2023. Deft Expert Report due by 3/21/2023. Discovery due by 4/21/2023. Dispositive Motion Filing due by 5/5/2023. Non-Dispositive Motion Filing due by 6/20/2023. Responses due by 5/26/2023. Joint Pretrial Order due by 11/1/2023. Final Pretrial Conference set for 12/4/2023 at 01:30 PM in Courtroom 9C before Judge Andrew S Hanen Jury Trial set for 12/18/2023 at 09:00 AM in Courtroom 9C before Judge Andrew S Hanen(Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4) (Entered: 08/10/2022) |
09/06/2022 | 16 | Unopposed MOTION for Leave to File Plaintiff’s Response to Defendant’s Motion to Dismiss Pursuant to Fed. R> Civ. P. 12(b)(6) and Motion for Summary Judgment Pursuant to Fed. R. Civ. P. 56 by Angela Tennyson, filed. Motion Docket Date 9/27/2022. (Attachments: # 1 Proposed Order Order granting leave)(Alexander, Brandy) (Entered: 09/06/2022) |
09/06/2022 | 17 | RESPONSE to 13 MOTION for Summary Judgment filed by Angela Tennyson. (Attachments: # 1 Proposed Order, # 2 Proposed Order)(Alexander, Brandy) (Entered: 09/06/2022) |
09/09/2022 | 18 | ORDER granting 16 Plaintiff’s Motion for Leave to File Late Response..(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) (Entered: 09/09/2022) |
PACER Service Center | |||
---|---|---|---|
Transaction Receipt | |||
09/15/2022 13:12:59 |
Both plaintiff and defendants counsel were extremely tardy in filing their respective CIP’s.
Last movement on May 6, and a quiet foreclosure defense lawyer, Brandy Alexander still on the case
The Initial Conference should be held within 90 days, as a rule.
Here, Judge Hanen has set the Conference for August 10, 2022.
That’s 203 days, or just shy of 7 months.
++++++
COMPARE WITH JUDGE HANEN’S OTHER FORECLOSURE CASES IN 2022:
++++++
AAKIL Holdings Trust v. Reverse Mortgage Solutions Inc
Apr 20 – Sep 7 : 141 DAYS
++++++
Gooden v. U.S. Bank
Apr 8 – Sep 6 : 154 DAYS
++++++
Cannegieter v. Gateway Mortgage
Apr. 12 – Sep 6 : 148 DAYS
++++++
All About Property, LLC v. Midland Mortgage
May 25 – Sep 14 : 113 DAYS
Meeker-Sereno v. Deutsche Bank National Trust Company
Jun 14 – Sep 21 : 100 DAYS
Sweeney v. Newrez, LLC
Jan 26 – Aug 10 : 197 DAYS
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00194
Create an Alert for This Case on RECAP
Tennyson v. The Bank of New York Mellon, et al Assigned to: Judge Andrew S Hanen
Cause: 28:1332 Diversity-Fraud |
Date Filed: 01/19/2022 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
Date Filed | # | Docket Text |
---|---|---|
03/25/2022 | 7 | EXHIBIT “RMWBH P.C. REASON FOR TRO/PERMANENT INJUNCTION”, filed.(jdav, 4) (Entered: 03/25/2022) |
05/05/2022 | 8 | INITIAL DISCLOSURES by Angela Tennyson, filed.(Alexander, Brandy) (Entered: 05/05/2022) |
05/05/2022 | 9 | CERTIFICATE OF INTERESTED PARTIES by Angela Tennyson, filed.(Alexander, Brandy) (Entered: 05/05/2022) |
05/06/2022 | 10 | INITIAL DISCLOSURES by Specialized Loan Servicing, LLC, The Bank of New York Mellon, filed.(Sheppard, Branch) (Entered: 05/06/2022) |
05/06/2022 | 11 | JOINT DISCOVERY/CASE MANAGEMENT PLAN by Specialized Loan Servicing, LLC, The Bank of New York Mellon, filed.(Sheppard, Branch) (Entered: 05/06/2022) |
05/06/2022 | 12 | PROPOSED ORDER (Docket Control Order), filed.(Sheppard, Branch) (Entered: 05/06/2022) |
PACER Service Center | |||
---|---|---|---|
Transaction Receipt | |||
05/29/2022 12:18:09 |
DEFENDANTS’ NOTICE OF REMOVAL
TO THE JUDGES AND THE CLERK OF THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS:
PLEASE TAKE NOTICE that, pursuant to 28 U.S.C. §§1441, 1446, 1331 and 1332, THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF THE CWABS, INC., ASSET BACKED CERTIFICATES 2007-9 (“BONY” or “Defendant”), and SPECIALIZED LOAN SERVICING LLC (“SLS” or “Defendant”) (collectively, “Defendants”) hereby removes the above-captioned action from the 434th Judicial District Court of Fort Bend County, Texas to the United States District Court for the Southern District of Texas Houston Division.
I.
THE REMOVED CASE
1. The removed case is a civil action filed on January 3, 2022, in the 434th Judicial District Court of Fort Bend County, Texas, styled, Angela Tennyson v. The Bank Of New York Mellon F/K/A The Bank Of New York, As Trustee For The Certificate Holders Of The CWABS, Inc., Asset Backed Certificates 2007-9 and Specialized Loan Servicing, LLC. This case received cause number 22-DCV-290030 in the state court.
2. Plaintiff’s Original Petition (“Petition”) alleges a cause of action for common law fraud and a violation of the Real Estate Settlement Procedures Act (RESPA). Plaintiff further seeks a permanent injunction to stop the foreclosure of real property located at 2103 Rittenmore Dr., Missouri City, Texas 77489 (the “Property”). See Petition ¶¶ 9-25.
3. On January 3, 2022, Plaintiff filed this suit. Removal is timely pursuant to 28 U.S.C. §1446(b). In accordance with 28 U.S.C. §1446(a) and Local Rules of the United States District Court for the Southern District of Texas, attached hereto as Exhibits 1-5, inclusive, are true and correct copies of all process, pleadings, and order in the state court action to date.
II. VENUE
4. Venue in the Southern District of Texas Houston Division is proper under 28 U.S.C. §1441(a), because this Court is the United States District Court for the district and division embracing the place where the state court action is pending.
III.
THIS COURT HAS FEDERAL QUESTION JURISDICTION UNDER § 1331
5. Plaintiff alleges violations of federal statute and raises federal questions in her Petition.
6. Under Section 1331, “[t]he district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.” 28 U.S.C. § 1331; Merrell Dow Pharmaceuticals, Inc. v. Thompson, 478 U.S. 804 (1986).
“[T]he question whether a claim ‘arises under’ federal law must be determined by reference to the ‘well-pleaded complaint.’
[Franchise Tax Board v. Construction Laborers Vacation Trust, 463 U.S. 1, 9-10 (1983)]…. The ‘vast majority’ of cases that come within this grant of jurisdiction are covered by Justice Holmes’ statement that a ‘“suit arises under the law that creates the cause of action.’” Id., at 8-9, quoting American Well Works Co. v. Layne & Bowler Co., 241 U.S. 257, 260 (1916).” Merrell Dow, 478 U.S., at 808.
7. In Plaintiff’s Original Petition, Plaintiff alleges violations of Regulation X 12 U.S.C. § 2605 Real Estate Settlement Procedures Act (RESPA).
See, Exh. 2, Plaintiff’s Original Petition, p. 5-7.
Therefore, removal to this Court is proper under 28 U.S.C. § 1441 (a), which provides, in pertinent part, that “any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending.” 28 U.S.C. §1441(a) (2010).
A federal question appears on the face of Plaintiff’s Petition, and these claims “arise under” federal law.
8. Further, to the extent the Petition alleges state common law, or other nonfederal claims, this Court has supplemental jurisdiction over any such claims under 28 U.S.C. § 1367 because those claims arise out of the same operative facts as Plaintiff’s claim under federal law and “form part of the same case or controversy under Article III of the United States Constitution.” 28 U.S.C. § 1367(a) (2010).
9. Thus, because some of Plaintiff’s claims arise under the laws of the United States, removal of this entire cause of action is appropriate under §1331(a)-(c).
See, there are some honest circuit judges out there.https://t.co/fUjvDusSkm #honesty #Judge
— lawsinusa (@lawsinusa) March 9, 2022
IV.
THIS COURT HAS DIVERSITY JURISDICTION UNDER § 1332
10. For purposes of diversity jurisdiction, an individual is a citizen of the state in which he has domicile. Mas v. Perry, 489 F. 2d 1396, 1399 (5th Cir. 1974). Plaintiff’s claims against Defendants are entirely based on Defendants’ foreclosure efforts of Plaintiff’s alleged homestead property. It is well established that “residence alone is not the equivalent of citizenship, although the place of residence is prima facie the domicile.”
Stine v. Moore, 213 F.2d 446, 448 (5t Cir. 1954); see also Preston v. Tenet Healthsystem Mem’l Med. Ctr., Inc., 485 F.3d 793, 799 (5t Cir. 2007); Joseph v. Unitrin, Inc., 2008 U.S. Dist. LEXIS 61726, 2008 WL 3822938, *5 (E.D. Tex. 2008).
A person’s domicile is the place of “his true, fixed, and permanent home and principal establishment, and to which he has the intentions of returning whenever he is absent therefrom…” Id.
11. According to Plaintiff’s Original Petition, Plaintiff is a resident of Fort Bend County, Texas.
Upon information and belief, Plaintiff continues to occupy the Property located in Fort Bend County, Texas as her primary residence.
Thus, Defendants alleged in their Notice of Removal that Plaintiff is a citizen of Texas. Plaintiff does not dispute the Texas citizenship or residency as alleged by Defendants.
12. In the Notice of Removal, SLS assets its own citizenship as follows: SLS is a Delaware limited liability company.
SLS is wholly owned by Specialized Loan Servicing Holdings, LLC, a company whose ultimate parent is Computershare Limited, a publicly traded company on the Australian stock exchange.
The citizenship of SLS’s member(s) is Colorado. Further, none of SLS’s members are citizens of Texas.
13. SLS’s ownership structure and the diversity implication of same were summarized in Jackson v. Specialized Loan Servicing, LLC. No. 14-CV-05981, 2014 U.S. Dist. LEXIS 154837, at *19 (C.D. Cal. Oct. 31, 2014).
In that case, SLS alleged its citizenship by stating that it is a Delaware limited liability company, headquartered in Colorado and that it is a wholly owned subsidiary of Computershare Limited, an Australian corporation with its principal place of business in Australia. Id.
14. The Jackson court opined that SLS sufficiently alleged its own citizenship, reasoning that “SLS is a wholly-owned subsidiary of SLS Holdings; thus, SLS has the citizenship of its “member,” SLS Holdings. SLS Holdings, in turn, is a limited liability company, wholly owned by Computershare Limited.
This, SLS’s citizenship is the same as Computershare Limited’s.
Because a corporation is a ‘citizen of any State by which it has been incorporated and of the State where it has its principal place of business,’ 28 U.S.C. § 1332(c)(1), Computershare Limited, SLS Holdings, and SLS are citizens of Australia.”
In this case, SLS’s facts asserting its own citizenship nearly mirror the explanation in the Jackson case, and no members of the LLC are citizens of Texas.
15. In the Notice of Removal, BONY likewise asserts its citizenship as follows: BONY is a national banking institution with its principal place of business New York.
16. Because federal courts have limited jurisdiction, parties must make “clear, distinct, and precise affirmative jurisdictional allegations” in their pleadings.
Getty Oil Corp. v. Ins. Co. of N. Am., 841 F.2d 1254, 1259 (5th Cir. 1988).
Defendants properly assert diversity jurisdiction under § 1332 by alleging complete diversity between Plaintiff and Defendants.
There is, therefore, complete diversity of citizenship. Plaintiff is not a citizen of the same state as Defendants.
V.
THE AMOUNT IN CONTROVERSY EXCEEDS $75,000
17. The amount-in-controversy threshold is a necessary element that must be met before a federal court can properly exercise diversity jurisdiction. Arbaugh v. Y & H Corp., 546
U.S. 500, 514, 126 S. Ct. 1235, 163 L. Ed. 2d 1097 (2006).
The removing party bears the burden of establishing by a preponderance of the evidence that the amount in controversy exceed $75,000.
De Aguilar v. Boeing Co., 11 F.3d 55, 58 (5th Cir. 1993).
The defendant may satisfy this burden by demonstrating that it is facially apparent from the Plaintiff’s petition that the claim likely exceeds $75,000, or by setting fort the facts in controversy that support a finding of the requisite amount.
Allen v. R & H Oil & Gas Co., 63 F.3d 1326, 1335 (5th Cir. 1995).
18. It is facially apparent from Plaintiff’s Petition that Plaintiff’s claims exceed the requisite threshold of $75,000. In actions seeking injunctive relief, it is well established that the amount in controversy is measured by the value of the object of the litigation.
Farkas v. GMAC Mortg., LLC, 737 F.3d 338, 341 (5th Cir. 2013); Webb v. Investacorp, Inc., 89 F.3d 252 (5th Cir. 1996); Dreyer v. Jalet, 349 F. Supp. 452 (S.D. Tex. 1972), affirmed 479 F.2d 1044.
The plaintiff in Farkas sought damages “not to exceed $60,000,” a temporary restraining order, declaratory judgment, and a permanent injunction on the defendants’ foreclosure of real property. Farkas at
341.
The Court held that in actions seeking declaratory and injunctive relief, the property is the object of the litigation. Id.
“In actions enjoining a lender from transferring property and preserving an individual’s ownership interest…the value of the property represents the amount in controversy. Id.
19. Here, Plaintiff seeks to retain possession of the Property and enjoin a foreclosure sale.
To establish the value of the Property, Defendants submit a Declaration of Appraisal District Record. Declaration of Appraisal District Record.
According to Fort Bend County Appraisal District, the 2021 appraised value of the Property is $206,340 (the “CAD Value”).
Affidavit of Appraisal District Record, Exhibit 6. Thus, the amount in controversy satisfies the jurisdictional threshold of $75,000.
VI. CONCLUSION
20. Pursuant to 28 U.S.C. § 1446(d), a Notice of Filing Notice of Removal to Federal Court is being filed with the 434th Judicial District Court of Fort Bend County, Texas. A true and correct copy of said Notice is attached hereto as Exhibit 5.
Respectfully submitted,
By: //s// Branch M. Sheppard
BRANCH M. SHEPPARD
Texas State Bar No. 24033057
bsheppard@gallowaylawfirm.com
OF COUNSEL:
GALLOWAY JOHNSON TOMPKINS BURR & SMITH
A Professional Law Corporation
Annarose M. Harding
Texas State Bar No. 24071438
aharding@gallowaylawfirm.com
Jonathon W. Austin
Texas State Bar. No. 24107698
jaustin@gallowaylawfirmcom
1301 McKinney, Suite 1400
Houston, Texas 77010
(713) 599-0700 (Telephone)
(713) 599-0777 (Facsimile)
ATTORNEYS FOR DEFENDANT,
REVERSE MORTGAGE SOLUTIONS, INC.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Answer and Counterclaim was delivered via Electronic Filing to the following on January 19, 2022.
VIA-EFILING
BRANDY M. ALEXANDER
ALEXANDER LAW, PLLC
2502 LA BRANCH ST.
HOUSTON, TEXAS 77004
brandyalexander@alexanderpllc.com
//s// Branch M. Sheppard Branch M. Sheppard
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00194
Create an Alert for This Case on RECAP
Tennyson v. The Bank of New York Mellon, et al Assigned to: Judge Andrew S Hanen
Cause: 28:1332 Diversity-Fraud |
Date Filed: 01/19/2022 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
Plaintiff | ||
Angela Tennyson | represented by | Brandy Michelle Alexander Alexander Law, PLLC 2502 La Branch St Houston, TX 77004 832-360-2318 Fax: 346-998-0886 Email: brandyalexander@alexanderpllc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
V. | ||
Defendant | ||
The Bank of New York Mellon as Trustee for the Certificate Holders of the CWABS, Inc., Assetbacked Certificates Series 2007-9 formerly known as The Bank of New York |
represented by | Branch Masterson Sheppard Galloway, Johnson, Tompkins, Burr & Smith 1301 McKinney Suite 1400 Houston, TX 77010 713-599-0700 Email: bsheppard@gallowaylawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
Defendant | ||
Specialized Loan Servicing, LLC | represented by | Branch Masterson Sheppard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
Date Filed | # | Docket Text |
---|---|---|
01/19/2022 | 2 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 8/10/2022 at 10:00 AM in by video before Judge Andrew S Hanen(Signed by Judge Andrew S Hanen) Parties notified.(ShannonHolden, 4) (Entered: 01/20/2022) |
01/20/2022 | 1 | NOTICE OF REMOVAL from 434th Judicial District Court Fort Bend County, case number 22-DCV-290030 (Filing fee $ 402 receipt number 0541-27628187) filed by Specialized Loan Servicing, LLC, The Bank of New York Mellon.(Sheppard, Branch) (Entered: 01/20/2022) |
01/20/2022 | 3 | NOTICE of Index of Matters Being Filed re: 1 Notice of Removal by Specialized Loan Servicing, LLC, The Bank of New York Mellon, filed. (Sheppard, Branch) (Entered: 01/20/2022) |
02/01/2022 | 4 | RESPONSE to defendants’ counterclaim, filed by Angela Tennyson. (Alexander, Brandy) (Entered: 02/01/2022) |
02/10/2022 | 5 | Amended RESPONSE to Defendants’ Counterclaim, filed by Angela Tennyson. (Alexander, Brandy) (Entered: 02/10/2022) |
02/11/2022 | 6 | CERTIFICATE OF INTERESTED PARTIES by Specialized Loan Servicing, LLC, filed.(Sheppard, Branch) (Entered: 02/11/2022) |