LIT COMMENTARY
LIT recently emailed Bandit Lawyer David Medearis about another questionable “foreclosure defense” case. He never replied to our email which you can read on this LIT article;
Clifton Ammons Did Not Know His Reverse Mortgage Includes an Annual Property Tax Bill – Now Ammons is facing foreclosure, but with Texas foreclosure defense lawyer David Medearis, he’s able to stay in the game without a hitch.
What’s very interesting is after we sent those emails, this case suddenly ends with the statement;
The subject property now been refinanced and the dispute between the Parties is resolved. The Plaintiffs therefore, no longer seek to pursue this action.
LIT asks; “Refinanced between Who Bandit Medearis?” when considerin’ the facts as summarized here in this estate case.
Traci Payne-Warren v. PHH Mortgage Corporation
(3:23-cv-00010)
District Court, S.D. Texas
JAN 12, 2023 | REPUBLISHED BY LIT: JAN 31, 2023
JOINT STIPULATION OF DISMISSAL
Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, Plaintiffs Traci Payne-Warren, on behalf of the Estate of James R. Payne, Darryl Payne, and James R. Payne Jr., and Defendant PHH Mortgage Corporation (collectively, “the Parties”) file this Joint Stipulation of Dismissal.
1. This case arises out of the attempted foreclosure by trustee sale of the property at 322 4th St. N. Texas City, 77590, Galveston County Texas.
The subject property now been refinanced and the dispute between the Parties is resolved. (“Refinanced between Who Bandit Medearis?”)
The Plaintiffs therefore, no longer seek to pursue this action.
2. The Plaintiffs and Defendant therefore file this JOINT STIPULATION OF DISMISSAL so this suit may be dismissed and removed from the Court’s docket.
Respectfully submitted,
MEDEARIS LAW FIRM, PLLC
By: /s/ David Medearis
DAVID M. MEDEARIS, TBA 24041465, Fed ID 557586
dmedearis@medearislaw.com 1560 W. Bay Area Blvd., Suite 304
(281) 954-6270 (Phone)
(281) 954-6280 (Facsimile)
ATTORNEY FOR PLAINTIFF,
TRACI PAYNE-WARREN ON BEHALF OF THE ESTATE OF JAMES R. PAYNE, DARRYL PAYNE AND JAMES R. PAYNE, JR.
and
MCGLINCHEY STAFFORD, PLLC
By: /s/ Thomas W. White, Jr. (signed by permission) THOMAS W. WHITE, JR
State Bar No. 24102645 twhite@mcglinchey.com
1001 McKinney Street, Suite 1500
Houston, Texas 77002
(713) 335-2135 Tel
(713) 520-1025 Fax
ATTORNEY FOR DEFENDANT, PHH MORTGAGE CORPORATION
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Galveston)
CIVIL DOCKET FOR CASE #: 3:23-cv-00010
| Traci Payne-Warren v. PHH Mortgage Corporation Assigned to: Judge Jeffrey V Brown
Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 01/12/2023 Date Terminated: 03/09/2023 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 03/08/2023 | 7 | STIPULATION of Dismissal Joint by Traci Payne-Warren, filed.(Medearis, David Miller) (Entered: 03/08/2023) |
| 03/09/2023 | 8 | ORDER OF DISMISSAL. Case terminated on 3/9/2023 (Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3) (Entered: 03/09/2023) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 03/19/2023 01:04:04 |
Emily Stroope still shown as attorney of Record, but she’s gone to Baker Donelson…
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Galveston)
CIVIL DOCKET FOR CASE #: 3:23-cv-00010
| Traci Payne-Warren v. PHH Mortgage Corporation Assigned to: Judge Jeffrey V Brown
Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 01/12/2023 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Traci Payne-Warren Individually and on behalf of the Estate of James R. Payne, Darryl Payne and James R. Payne, Jr. |
represented by | David Miller Medearis Medearis Law Firm, PLLC 1560 W. Bay Area Blvd Ste 304 Friendswood, TX 77546 281-954-6270 Fax: 281-954-6280 Email: dmedearis@medearislaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| PHH Mortgage Corporation | represented by | Emily G Stroope McGlinchey Stafford PLLC Three Energy Square 6688 North Central Expressway, Suite 400 Dallas, TX 75206 214-445-2427 Fax: 214-445-2450 Email: estroope@mcglinchey.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDThomas William White , Jr. McGlinchey Stafford, PLLC 1001 McKinney St., Suite 1500 Houston, TX 77002 713-520-1900 Fax: 713-520-1025 Email: twhite@mcglinchey.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 01/12/2023 | 1 | NOTICE OF REMOVAL from 212nd JDC, Galveston County, Texas, case number 22-CV-2448 (Filing fee $ 402 receipt number ATXSDC-29318039) filed by PHH Mortgage Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(White, Thomas) (Entered: 01/12/2023) |
| 01/12/2023 | 2 | CORPORATE DISCLOSURE STATEMENT by PHH Mortgage Corporation identifying Ocwen Financial Corporation as Corporate Parent, filed.(Stroope, Emily) (Entered: 01/12/2023) |
| 01/13/2023 | 3 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 4/5/2023 at 09:00 AM by video before Magistrate Judge Andrew M Edison (Signed by Judge Jeffrey V Brown) Parties notified. (VanesaAranda, 3) (Entered: 01/13/2023) |
| 01/18/2023 | 4 | ORDER on Initial Discovery Protocols for Residential Mortgage Cases.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3) (Entered: 01/18/2023) |
| 01/18/2023 | 5 | PROTECTIVE ORDER (Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3) (Entered: 01/18/2023) |
| 01/30/2023 | 6 | CERTIFICATE OF INTERESTED PARTIES by Traci Payne-Warren, filed.(Medearis, David Miller) (Entered: 01/30/2023) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 01/31/2023 12:08:37 |
James R. Payne, Sr
AUG 31, 2022 | REPUBLISHED BY LIT: JAN 31, 2023
TEXAS CITY, TX —
On Saturday, August 27, 2022, our beloved Patriarch, James R. Payne, Sr. entered his eternal rest in Texas City with his beloved family by his bedside.
He was born June 26, 1940, in Dobbins, Texas.
James worked at Fuller’s Drug Store, Super Value Drug Store and Beeler-Manske Clinic for 45 years; was a member of First Baptist Church and the AMF Thursday Night Bowling League.
Preceded in death by his parents, Thomas and Mary Payne;
wife, Betty Payne,
sister, Lucille Hinton;
and brother, AJ Payne,
he leaves to cherish his loving memory: his children,
James R. Payne, Jr. (Joyce),
Darryl Keith Payne,
and Traci Payne-Warren;
sister, Ella A. (J. T.) Washington;
brother, Louis Payne;
six grandchildren, Jermain Anderson, Jamaal (Amy) Payne, Ashley (Christopher) Porter, Sean (Elizabeth) Warren, Morgan Payne and Jordyn Payne;
13 great-grandchildren; beloved in-laws, nieces, nephews, relatives and friends.
Services will be Saturday, September 3, 2022 at First Baptist Church, 2120 36th St N in Texas City where visitation will begin at 8:00 AM followed by services at 10:00 AM. Burial will be at Mainland Memorial Cemetery in Hitchcock.
www.norrisdburkley.com
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