Appellate Judges

US Gov. Cleanup Continues as Justina DePasquale Leaves a Heavy Footprint of Fraudulent Conveyances

The U.S. government appears to allow unscrupulous bad actors to flip properties rather than returning them to the original homeowners.

LIT UPDATE & COMMENTARY

OCT 29, 2024

On January 27, 2020, Federal Judge Kenneth Hoyt signed an order dismissing Prisock/Vilt and their client Chavez WITH PREJUDICE. The bank was represented by prominent foreclosure attorney Mark Douglas Cronenwett, now with Lewis Brisbois.

In early September 2024, activity was noted in the real property records concerning the defaulted home, which had been surprisingly sold—fully renovated—to Brenda L. Moore. Our investigation traced her business interests to Highlands, Texas, alongside her husband, Danny Moore.

Additionally, Justina DePasquale filed an “affidavit of correction,” claiming that an incorrect house number had been registered. The records also show a deed transferring the property to Brenda L. Moore for $10, though any additional “consideration” remains unclear.

Crucially, the real property records indicate no foreclosure occurred following the 2020 dismissal with prejudice, and there were no loan modifications or releases of the original $148k loan from the bank.

This situation highlights a concerning trend: the U.S. government appears to allow these unscrupulous bad actors to flip properties rather than returning them to the original homeowners, as seen in similar cases – but where they would be burdened with hefty loan modifications.

So what happened in the nearly 5 year stretch after dismissal by Judge Hoyt?

This was our teaser social media post. In this case, the property was not returned to the homeowner. Instead, the U.S. government allowed it to be flipped by the scammers, likely because it hadn’t been previously highlighted by LIT and was presumed to be under the radar. However, in many instances where we published similar cases, properties were deeded back to the original homeowners for just $10.

Chavez v. Branch Banking and Trust Company

(4:19-cv-03373)

District Court, S.D. Texas, Judge Kenneth Hoyt

AUG 28, 2019 | REPUBLISHED BY LIT: OCT 29, 2024
OCT 29 2024

Last update/visit by LIT – CASE DISMISSED WITH PREJUDICE on Jan. 27, 2020.

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:19-cv-03373

Chavez v. Branch Banking and Trust Company
Assigned to: Judge Kenneth M Hoyt

Case in other court:  269th JDC of Harris County, 19-61303

Cause: 28:1332 Diversity-Breach of Contract

Date Filed: 09/06/2019
Date Terminated: 01/27/2020
Jury Demand: None
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity
Plaintiff
Alice Marie Chavez represented by Robert Clayton Vilt
Vilt and Associates – TX, P.C.
5177 Richmond Ave
Ste 1142
Houston, TX 77056
713-840-7570
Fax: 713-877-1827
Email: clay@viltlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
Branch Banking and Trust Company represented by Philip W Danaher
Danaher Law Firm
833 SW Lemans Lane
Suite 116
Lees Summit, MO 64082
817-791-4892
Email: philip@danaherlawfirm.com
ATTORNEY TO BE NOTICEDMark Douglas Cronenwett
Lewis Brisbois Bisgaard & Smith LLP
2100 Ross Ave
Ste 2000
Dallas, TX 75201
214-722-7100
Email: mark.cronenwett@lewisbrisbois.com
ATTORNEY TO BE NOTICED

 

Date Filed # Docket Text
09/06/2019 1 NOTICE OF REMOVAL from District Court 269th Judicial District, Harris County, Texas, case number 2019-61303 (Filing fee $ 400 receipt number 0541-23127617) filed by Branch Banking and Trust Company. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Cronenwett, Mark) (Entered: 09/06/2019)
09/13/2019 2 Unopposed MOTION for Extension of Time to Respond to Plaintiff’s Original Petition by Branch Banking and Trust Company, filed. Motion Docket Date 10/4/2019. (Attachments: # 1 Proposed Order)(Danaher, Philip) (Entered: 09/13/2019)
09/24/2019 3 ORDER for Initial Pretrial and Scheduling Conference by Telephone and Order to Disclose Interested Persons. Counsel who filed or removed the action is responsible for placing the conference call and insuring that all parties are on the line. The call shall be placed to (713)250-5613. Telephone Conference set for 12/12/2019 at 08:45 AM before Judge Kenneth M Hoyt.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 09/24/2019)
09/24/2019 4 ORDER granting 2 Motion for Extension of Time; Answer due for Branch Banking and Trust Company 9/27/2019.(Signed by Judge Kenneth M Hoyt) Parties notified.(LoriPurifoy, 4) (Entered: 09/25/2019)
10/01/2019 5 Unopposed MOTION for Extension of Time (Second) to Respond to Plaintiff’s Original Petition by Branch Banking and Trust Company, filed. Motion Docket Date 10/22/2019. (Attachments: # 1 Proposed Order)(Danaher, Philip) (Entered: 10/01/2019)
10/04/2019 6 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6), by Branch Banking and Trust Company, filed. Motion Docket Date 10/25/2019. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Danaher, Philip) (Entered: 10/04/2019)
10/09/2019 7 ORDER granting 5 Motion for Extension of Time; Answer due for Branch Banking and Trust Company 10/14/2019.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 10/09/2019)
10/17/2019 8 First AMENDED PETITION against Branch Banking and Trust Company filed by Alice Marie Chavez. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Vilt, Robert) (Entered: 10/17/2019)
10/31/2019 9 Unopposed MOTION for Extension of Time to Respond to Plaintiff’s First Amended Petition by Branch Banking and Trust Company, filed. Motion Docket Date 11/21/2019. (Attachments: # 1 Proposed Order)(Danaher, Philip) (Entered: 10/31/2019)
11/06/2019 10 ORDER granting 9 Motion for Extension of Time to Respond to the Plaintiff’s First Amended Complaint; Answer due for Branch Banking and Trust Company 11/13/2019.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 11/06/2019)
11/13/2019 11 ANSWER to 8 Amended Complaint/Counterclaim/Crossclaim etc. by Branch Banking and Trust Company, filed.(Danaher, Philip) (Entered: 11/13/2019)
11/25/2019 12 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Branch Banking and Trust Company, filed.(Danaher, Philip) (Entered: 11/25/2019)
12/12/2019 13 INITIAL DISCLOSURES by Alice Marie Chavez, filed.(Vilt, Robert) (Entered: 12/12/2019)
12/12/2019 14 CERTIFICATE OF INTERESTED PARTIES by Alice Marie Chavez, filed.(Vilt, Robert) (Entered: 12/12/2019)
12/12/2019 15 DESIGNATION OF EXPERT WITNESS LIST by Alice Marie Chavez, filed. (Attachments: # 1 Exhibit Resume)(Vilt, Robert) (Entered: 12/12/2019)
12/16/2019 16 ORDER FOLLOWING TELEPHONE SCHEDULING CONFERENCE held on December 16, 2019 at 8:45 a.m. Appearances: Kerry Prisock Philip W Danaher. Initial Disclosures due by 12/13/2019. Discovery due by 7/31/2020. Dispositive Motion Filing due by 8/15/2020. Docket Call set for 10/5/2020 at 11:30 AM in Courtroom 11A before Judge Kenneth M Hoyt. Discovery may be extended by agreement of the parties without Court intervention. The dispositive motion deadline and docket call dates, however, may not be extended without leave of Court. Attorney’s fee applications are handled on the papers of the parties after notice. Expedited responses are required on all pretrial motions save dispositive motions. ETT: 10-12 hours. Jury trial. The defendants motion to dismiss, DE 6, is rendered moot by an amended pleading, DE 8. (Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 12/18/2019)
01/24/2020 17 STIPULATION of Dismissal with Prejudice by Alice Marie Chavez, filed. (Attachments: # 1 Proposed Order Order Granting Unopposed Stipulation of Dismissal with Prejudice)(Vilt, Robert) (Entered: 01/24/2020)
01/27/2020 18 ORDER OF DISMISSAL ON STIPULATION 17 . Case terminated on January 27, 2020. (Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 01/27/2020)

 


 

PACER Service Center
Transaction Receipt
10/29/2024 11:18:54

201961303 –

CHAVEZ, ALICE MARIE vs. BRANCH BANKING AND TRUST COMPANY

 (Court 269, JUDGE CORY SEPOLIO)

AUG 28, 2019 | REPUBLISHED BY LIT: OCT 29, 2024
OCT 29 2024

Last update/visit by LIT

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