LIT UPDATE
Oct. 25, 2024
MEMORANDUM OPINION
This appeal is from a final judgment signed April 22, 2024. The clerk’s record was filed August 19, 2024. The court reporter informed this court that there is no reporter’s record. No brief was filed.
On September 24, 2024, we issued a notice stating that unless appellant filed a brief within 10 days, the appeal was subject to dismissal without further notice for want of prosecution. See Tex. R. App. P. 42.3(b). Appellant filed no brief or other response.
We dismiss the appeal.
PER CURIAM
Panel consists of Justices Spain, Poissant, and Wilson.
LIT COMMENTARY AND UPDATES
FEB 10, APR 26, 2024
JUN 6, 24 JUL 15, AUG. 7, AUG 18, SEP 19, OCT 1, 18, NOV. 6, 13 DEC. 14 22, 2023
Injunction denied on Aug. 1. Defendants seek to foreclose on Sep 5, 2023.
Trial on Merits Scheduled for Jan 18, 2024 at midday.
Above is the date LIT Last updated this article.
Trial on merits scheduled for Jan 18, 2024 never happened and court left the docket and settings page blank. Thus anyone like LIT, seeking an update is left in the dark without further investigation.
LIT has investigated and notes that Mackie Wolf listed the home for Feb 6, 2024 auction.
Update Apr. 26, 2024
On Apr. 22, 2024, a FINAL SUMMARY JUDGMENT SIGNED was entered on the docket.
No substitute trustee deed on real property records which leaves the “buyer” Foreman question remaining.
Trial on merits
Nov 16 order signed required homeowner to provide answers to production, etc. by Nov. 27 to opposing party.
DOCKET CONTROL/PRETRIAL ORDER SIGNED
ORDER SIGNED COMPELLING ANSWERS TO INTERROGATORIES
ORDER SIGNED COMPELLING PRODUCTION
ORDER APPROVING STIPULATION SIGNED
Defendant’s Counterclaim and Cross-Action – Attorney Glen Nordt
Petitioners Motion for Temporary Restraining Order, Temporary Injunction and Temporary Orders – Unlawfully Restricted.
Defendants First Amended Answer and resetting foreclosure for Sep 5, 2023
5TH CIRCUS CITATION
Judicial records belong to the American people; they are public not private docs. The public’s right of access to judicial records is a fundamental element of the rule of law. The public has an interest in transparent court proceedings. https://t.co/z1MF7Uiv5P— lawsinusa (@lawsinusa) October 11, 2023
202334281 –
PHELAN, JAMIE vs. KING PEAK LLC
JUN 2, 2023 | REPUBLISHED BY LIT: JUN 6, 2023
Phelan Case II filed to Stop Foreclosure in 2023
The federal claims in this state court petition (e.g. FDCPA) will get this case quickly snap removed by the foreclosure mill lawyers, which happened in the first case.
FIRST NOTE (Servicer PHH): $225,000
SECOND NOTE (Foreclosing): $55,000 (appx, per servicer/lender payoff, not homeowners)
TOTAL: $280,000 DEBT
Why would Foreman buy it?
SALE TO FOREMAN: $330,000
HOME VALUE TODAY PER ZILLOW: $372,000
EQUITY (without fees associated with sale): $42,000
Phelan says she had taxable home value reduced due to damages (to $265k)
SALE TO FOREMAN: $330,000
DAMAGE BY TENANT: $75,000 (lower of $75k and $85k tax reduction per declaration to CFPB complaint)
NET VALUE: $297,000
p.s.if we’re mistaken with the figures, let us know via our contact form or comment section in this article, we’ve done our best to ferret through the complaint(s) and data therein.
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Judges and Lawyers Chane of Title to Land, Residential and Commercial Property Transfers and Sales – Laws In Texas https://t.co/9HbnasRIGx
— lawsinusa (@lawsinusa) June 5, 2023
OCT 7, 2021 | REPUBLISHED BY LIT: JUN 6, 2023
Phelan Case I filed to Stop Foreclosure in 2021
Represented by Bandit Foreclosure Defense Lawyer Robert Newark, the case would be quickly removed to federal court and shortly dismissed thereafter.
ORDER OF DISMISSAL. Case terminated on 1/4/2022
(Signed by Judge Keith P Ellison) Parties notified.(olindor, 4)
(Entered: 01/04/2022)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:21-cv-03271
| Phelan v. Cama SDIRA LLC Assigned to: Judge Keith P Ellison
Cause: 28:1332 Diversity-Other Contract |
Date Filed: 10/07/2021 Date Terminated: 01/04/2022 Jury Demand: None Nature of Suit: 190 Contract: Other Jurisdiction: Diversity |
| Plaintiff | ||
| Jamie M Phelan | represented by | Robert C Newark , III Attorney at Law 1341 W Mockingbird Lane Ste 600W Dallas, TX 866-230-7236 Email: robert@newarkfirm.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Cama SDIRA LLC FBO Account#T160323-03 IRA also known as CAMA Self Direct IRA LLC also known as CAMA Plan SDIRA |
represented by | Charles Royal Curran SettlePou 3333 Lee Parkway Eighth Floor Dallas, TX 75219 214-520-3300 Fax: 214-526-4145 Email: ccurran@rlattorneys.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 10/07/2021 | 1 | NOTICE OF REMOVAL from 125th Judicial District County of Harris County, Texas, case number 2021-63573 (Filing fee $ 402 receipt number 0541-27163039) filed by CAMA SDIRA LLC, FBO Account#T160323-03 IRA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C-1, # 4 Exhibit C-2, # 5 Exhibit C-3, # 6 Exhibit D, # 7 Exhibit E, # 8 Civil Cover Sheet)(Curran, Charles) (Entered: 10/07/2021) |
| 10/07/2021 | 2 | CORPORATE DISCLOSURE STATEMENT by CAMA SDIRA LLC, FBO Account#T160323-03 IRA, filed.(Curran, Charles) (Entered: 10/07/2021) |
| 10/08/2021 | 3 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/14/2022 at 04:00 PM in Courtroom 3A Houston before Judge Keith P Ellison. (Signed by Judge Keith P Ellison) Parties notified.(ShannonHoldenadi, 4) (Entered: 10/08/2021) |
| 10/11/2021 | 4 | NOTICE of Service of Order for Conference and Disclosure of Interested Parties by Cama SDIRA LLC, filed. (Curran, Charles) (Entered: 10/11/2021) |
| 10/12/2021 | 5 | CERTIFICATE OF SERVICE IN A REMOVED ACTION by Cama SDIRA LLC, filed.(Curran, Charles) (Entered: 10/12/2021) |
| 10/15/2021 | 6 | MOTION to Dismiss by Cama SDIRA LLC, filed. Motion Docket Date 11/5/2021. (Attachments: # 1 Appendix Appendix iso Motion to Dismiss, # 2 Proposed Order Proposed Order on Motion to Dismiss)(Curran, Charles) (Entered: 10/15/2021) |
| 01/04/2022 | 7 | NOTICE of Dismissal as to All Defendants by Jamie M Phelan, filed. (Newark, Robert) (Entered: 01/04/2022) |
| 01/04/2022 | 8 | ORDER OF DISMISSAL. Case terminated on 1/4/2022 (Signed by Judge Keith P Ellison) Parties notified.(olindor, 4) (Entered: 01/04/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 06/06/2023 06:33:39 |
Emplify LLC’s Chase Foreman Appears Pro Se in Foreclosure Proceedings for Investment Property
Previously Acting Pro Se for His LLC, Foreman Faces Legal Challenges Under Texas Law when trying to stop foreclosure of business property.
Despicable Opposing Counsel’s Late Late Show Complainin’ About Legal Bandits Raises Skepticism
HWA seeks attorney fees as a sanction and rescission of TRO. However, they have been complicit in allowing the past abuses to go uncontested.
Legal Lacuna: Joint Case Management Plan Mutes Injunction Dialogue
Homeowner Gilbert Flores with Bandit Robert Newark versus LoanDepot.com and BDF Hopkins before Federal Judge Andrew Hanen
