Bankers

Ya’ll Cannae McConn Us With that German Bank, A Straw Man Who Refuses to Leave Russia

Deutsche Bank says it is not practical to close its Russia business, but America allows it to continue to steal citizens homes.

What’s Happened Since the Wolves Obtained a Default Judgment Against the McConn’s?

OCT 10, 2022 FEB 27, 2024

Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2004-1, Asset-Backed Certificates, Series 2004-1 v. McConn

(4:22-cv-00646)

District Court, S.D. Texas

MAR 1, 2022 | REPUBLISHED BY LIT: MAR 10, 2022

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00646

Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2004-1, Asset-Backed Certificates, Series 2004-1 v. McConn et al
Assigned to: Judge Keith P Ellison
Cause: 28:1332 Diversity-Breach of Contract
Date Filed: 03/01/2022
Date Terminated: 07/05/2022
Jury Demand: None
Nature of Suit: 290 Real Property: Other
Jurisdiction: Diversity

 

Date Filed # Docket Text
06/01/2022 11 REQUEST for Entry of Default against Mark D. McConn, Susan Sacra McConn by Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2004-1, Asset-Backed Certificates, Series 2004-1, filed. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Frame, Nicholas) (Entered: 06/01/2022)
06/01/2022 12 MOTION for Default Judgment against Mark D. McConn, Susan Sacra McConn by Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2004-1, Asset-Backed Certificates, Series 2004-1, filed. Motion Docket Date 6/22/2022. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Frame, Nicholas) (Entered: 06/01/2022)
06/01/2022 13 Clerks ENTRY OF DEFAULT against Mark D. McConn, Susan Sacra McConn granting 12 MOTION for Default Judgment against Mark D. McConn, Susan Sacra McConn Parties notified.(arrivera, 4) (Entered: 06/01/2022)
06/21/2022 14 NOTICE of Setting as to 12 MOTION for Default Judgment against Mark D. McConn, Susan Sacra McConn. Parties notified. Motion Hearing set for 6/28/2022 at 02:00 PM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4) (Entered: 06/21/2022)
07/01/2022 15 MOTION for Attorney Fees by Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2004-1, Asset-Backed Certificates, Series 2004-1, filed. Motion Docket Date 7/22/2022. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Frame, Nicholas) (Entered: 07/01/2022)
07/01/2022 16 Amended MOTION for Attorney Fees by Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2004-1, Asset-Backed Certificates, Series 2004-1, filed. Motion Docket Date 7/22/2022. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Frame, Nicholas) (Entered: 07/01/2022)
07/05/2022 17 FINAL DEFAULT JUDGMENT against All Defendants. Case terminated on 07/05/2022(Signed by Judge Keith P Ellison) Parties notified.(JosephWells, 4) (Entered: 07/07/2022)

 


 

PACER Service Center
Transaction Receipt
10/10/2022 21:18:44
None Jun 21, 2022 Terminate Deadlines (PUBLIC ENTRY)
14 Jun 21, 2022 Notice of Setting (FORM, noticing) – Judge Ellison

We’ll continue the Initial Conference to Jun 24, but we’ll also enter a Clerk’s Default Judgment on Jun 1.

Question at 1.30 mins into video below is met with confirmation Deutsche Bank is still operating in Russia and plans to continue to do so.

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons.

Initial Conference set for 5/13/2022 at 04:15 PM in Courtroom 3A Houston before Judge Keith P Ellison.

(Signed by Judge Keith P Ellison) Parties notified.(jdav, 4) (Entered: 03/02/2022)

PLAINTIFF’S ORIGINAL COMPLAINT

Plaintiff, Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2004-1, Asset-Backed Certificates, Series 2004-1 (“Deutsche Bank” or “Plaintiff”), complaining of Mark D. McConn and Susan Sacra McConn, Defendants, files this Original Complaint, and states as follows:

I. PARTIES

1. Plaintiff is appearing through the undersigned counsel.

2. Defendant, Mark D. McConn, is an obligor under a loan agreement and may be served with process at his residence, 11419 Highgrove Drive, Houston, Texas 77077-4211, or such other place where he may be found. Summons is requested.

3. Defendant, Susan Sacra McConn, is an obligor under a loan agreement and may be served with process at her residence, 11419 Highgrove Drive, Houston, Texas 77077-4211, or such other place where he may be found. Summons is requested.

II. PROPERTY

4. This proceeding concerns the following real property and improvements commonly known as 11419 Highgrove Drive, Houston, Texas 77077-4211, more particularly described as:

LOT ELEVEN (11), IN BLOCK ELEVEN (11), OF LAKESIDE PLACE, SECTION THREE (3), A SUBDIVISION IN HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN VOLUME 224, PAGE 100 OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS. (The “Property”).

III. JURISDICTION AND VENUE

5. This Court has jurisdiction over the controversy because there is complete diversity between Plaintiff and Defendant, and the amount in controversy exceeds $75,000.00. See 28 U.S.C. § 1332.

6. Plaintiff is a national association and trustee of a traditional trust. When a trustee is the real party in interest to the suit, its citizenship—not the citizenship of the beneficiaries of the trust—controls for purposes of diversity jurisdiction.

Navarro Sav. Assoc. v. Lee, 446 U.S. 458, 464–66 (1980); Mfrs. and Traders Trust Co. v. HSBC Bank USA, N.A., 564 F.Supp.2d 261, 263 (S.D.N.Y. 2008).

When the trustee has the power to sue or be sued in its own name (and does so), it is the real party in interest. Navarro, 446 U.S. at 464–66; Rivas v. U.S. Bank N.A., No. H-14-3246, 2015 U.S. Dist. LEXIS 74505 **3–4 (S.D. Tex. June 9, 2015).

A national banking association is considered a citizen of the state in which it is located. 28 U.S.C. § 1348.

Its location is determined by the state of its main office, as established in the bank’s articles of association.

Wachovia Bank, NA v. Schmidt, 546 U.S. 303, 318 (2006).

Deutsche Bank National Trust Company has its principal place of business in California.

Therefore, Deutsche Bank is a citizen of California for diversity purposes.

7. Defendants, Mark D. McConn and Susan Sacra McConn, are individuals and citizens of the state of Texas.

8. In this suit, Plaintiff seeks a declaratory judgment to foreclose on real property.

Because the property is valued at more than $75,000.00, the minimum amount-in-controversy requirement has been met.

When the object of the litigation is a mortgage lien that entitles its owner to the full use and enjoyment of the property, the lien may be measured by the appraised value of the property, the purchase price, or the outstanding principal and interest.

Cf. Farkas v. GMAC Mortg., LLC, 737 F.3d 338, 341 (5th Cir. 2013).

9. When a party seeks declaratory relief, the amount in controversy is measured by the value of the object of the litigation, and the value of that right is measured by the losses that will follow.

Webb v. Investacorp, Inc., 89 F.3d 252, 256 (5th Cir.1996).

Stated differently, the amount in controversy is “the value of the right to be protected or the extent of the injury to be prevented.”

Hartford Ins. Grp. v. Lou-Con, Inc., 293 F.3d 908, 910 (5th Cir. 2002) (quoting Leininger v. Leininger, 705 F.2d 727, 729 (5th Cir. 1983)); see also Farkas v. GMAC Mortg., LLC, 737 F.3d 338, 341 (5th Cir. 2013).

10. Here, the value of the right to be protected is enforcement of mortgage contract through foreclosure.

If Plaintiff were to foreclose on the Property, it would be entitled to either the full use and possession of it, or the proceeds of a foreclosure sale.

But if Plaintiff is unable to foreclose, it may be entirely divested of any interest in the Property.

Thus, rights to the entirety of the property are in question, and the value of the property controls.

And the value of the Property exceeds $75,000.00.

The Harris County Appraisal District values the Property at $321,842.00 in excess of the jurisdictional minimum.

Therefore, Plaintiff meets the amount-in- controversy requirement.

11. Venue is proper in this district and division, the United States District Court for the Southern District of Texas, Houston Division, under 28 U.S.C. § 1391(b)(2) because the real property that is the subject of this action is situated in this district and division.

IV. FACTS

12. The foregoing paragraphs are incorporated by reference for all purposes.

13. On or about October 23, 2003, Defendants Mark D. McConn and Susan Sacra McConn (as “Borrowers”), executed that certain Texas Home Equity Note (Cash Out – Fixed Rate – First Lien) (the “Note”) in the original principal amount of $188,800.00 payable to Aames Funding Corp dba Aames Home Loan and bearing interest at the rate of 8.900% per annum.

A copy of the Note is attached hereto as Exhibit A.

14. Concurrently with the Note, Borrowers executed that certain Texas Home Equity Security Instrument (Cash Out – First Lien) (the “Security Instrument” and together with the Note, the “Loan Agreement”), as grantors, granting a security interest in the Property.

On October 31, 2003, the Security Instrument was recorded in the Official Public Records of Harris County, Texas under Instrument Number X153188.

A true and correct copy of the Security Instrument is attached hereto as Exhibit B.

15. Plaintiff is the current legal owner and holder of the Note and beneficiary of the Security Instrument pursuant to assignment.

The Assignment of Note and Deed of Trust (“Assignment”) was recorded in the Official Public Records of Harris County, Texas on September 28, 2009, as document number 20090440269.

A true and correct copy of the Assignment of is attached hereto and incorporated herein as Exhibit C.

16. Under the terms of the Loan Agreement, Borrowers were required to pay when due the principal and interest on the debt evidenced by the Note, as well as any applicable charges and fees due under the Note.

17. The Loan Agreement further provide that should the Borrowers fail to make payments on the Note as they became due and payable, or fail to comply with any or all of the covenants and conditions of the Security Instrument, that the lender may enforce the Security Instrument by selling the Property according to law and in accordance with the provisions set out in the agreement.

18. Borrowers failed to make the payments on the Note and has failed to comply with any and all of the covenants and conditions under the terms of the Security Instrument. Notices of default and intent to accelerate were mailed to Borrowers in accordance with the Loan Agreement and Texas Property Code.

True and correct copies of the Notices of Default are attached hereto as Exhibit D. The default was not cured, and the maturity of the debt was accelerated. Notices of Acceleration of loan maturity were mailed to Defendants in accordance with the Loan Agreement and Texas Property Code.

True and correct copies of the Notices of Acceleration of Loan Maturity are attached hereto as Exhibit E.

19. Plaintiff brings this suit to obtain a judgment allowing foreclosure against Defendants.

V. CAUSE OF ACTION: FORECLOSURE

20. The foregoing paragraphs are incorporated by reference for all purposes.

21. As the current mortgagee of record who has the right to enforce the Note and Security Instrument, Plaintiff asserts a cause of action for foreclosure against Defendants.

The Loan Agreement is a contract, and Plaintiff fully performed its obligations under the contract.

Defendants, however, did not comply with the Loan Agreement by failing to substantially perform material obligations under its terms.

Therefore, Plaintiff seeks a judgment allowing it to foreclose on the Property in accordance with the Security Instrument and Texas Property Code §51.002.

22. Plaintiff has been forced to hire the undersigned attorneys to pursue this claim; Plaintiff is therefore entitled to and seeks judgment against Defendants for its reasonable attorneys’ fees in this action, both through trial and in the event of a subsequent appeal, as provided by the Note and Security Instrument and by statute.

TEX. CIV. PRAC. & REM. ANN. § 38.001(8). Plaintiff seeks an award of attorneys’ fees in furtherance of Defendants’ obligations under the Loan Agreement, not as a judgment against them personally.

VI. CONDITIONS PRECEDENT

23. The foregoing paragraphs are incorporated by reference for all purposes.

24. All conditions precedent for foreclosure have been performed or have occurred, and any other action required under applicable law and the loan agreement, contract, or lien sought to be foreclosed has been performed.

VII. PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiff requests that Defendants, Mark D. McConn and Susan Sacra McConn, be cited to appear and answer, and that the Court enter judgment granting a declaration that Plaintiff’s lien against the Property shall be enforced by a judgment and foreclosure under the Security Instrument’s power-of-sale provision and the Texas Property Code, or, alternatively, by judicial foreclosure.

Plaintiff further requests attorneys’ fees and costs of suit and all other relief, in law and in equity, to which it is entitled.

Respectfully submitted,

By: /s/ Mark D. Cronenwett
MARK D. CRONENWETT
Attorney in Charge Texas Bar No. 00787303
Southern District Admission #21340 mcronenwett@mwzmlaw.com

NICHOLAS M. FRAME
Of Counsel
State Bar No. 24093448
Southern District Admission #312161 nframe@mwzmlaw.com

MACKIE WOLF ZIENTZ & MANN, P.C.
14160 North Dallas Parkway, Suite 900
Dallas, Texas 75254
Telephone: 214-635-2650
Facsimile: 214-635-2686

ATTORNEYS FOR PLAINTIFF

A Message from Navalny Echoes LIT’s Message to the American People

The only thing necessary for the triumph of evil, is for good people to do nothing. So don’t be inactive. – Alexey Navalny.

This is no longer 1788. This is a new world and a new America.

The Burkes fight for democracy and honest judges is not insular, and like the current Ukraine-Russian war, it affects millions of citizens.

Rewind ’22: Rossputin

Commerce Secretary Wilbur Ross is doing business with a close relative of Russian President Vladimir Putin and failed to disclose it.

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00646

Create an Alert for This Case on RECAP

Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2004-1, Asset-Backed Certificates, Series 2004-1 v. McConn et al
Assigned to: Judge Keith P Ellison
Cause: 28:1332 Diversity-Breach of Contract
Date Filed: 03/01/2022
Jury Demand: None
Nature of Suit: 290 Real Property: Other
Jurisdiction: Diversity
Plaintiff
Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2004-1, Asset-Backed Certificates, Series 2004-1 represented by Nicholas Michael Frame
Mackie Wolf Zientz Mann, P.C.
5177 Richmond Avenue
Suite 1230
Houston, TX 77056
713-730-3219
Email: nframe@mwzmlaw.com
ATTORNEY TO BE NOTICEDMark Douglas Cronenwett
Mackie Wolf Zientz & Mann, P.C.
14160 N. Dallas Parkway, Ste. 900
Dallas, TX 75254
214-635-2650
Fax: 214-635-2686
Email: mcronenwett@mwzmlaw.com
ATTORNEY TO BE NOTICED
V.
Defendant
Mark D. McConn
Defendant
Susan Sacra McConn

 

Date Filed # Docket Text
03/01/2022 1 COMPLAINT against All Defendants (Filing fee $ 402 receipt number ATXSDC-27816343) filed by Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2004-1, Asset-Backed Certificates, Series 2004-1. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Cronenwett, Mark) (Entered: 03/01/2022)
03/01/2022 2 Request for Issuance of Summons as to Mark D. McConn, Susan Sacra McConn, filed.(Cronenwett, Mark) (Entered: 03/01/2022)
03/01/2022 3 CERTIFICATE OF INTERESTED PARTIES by Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2004-1, Asset-Backed Certificates, Series 2004-1, filed.(Frame, Nicholas) (Entered: 03/01/2022)
03/02/2022 4 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/13/2022 at 04:15 PM in Courtroom 3A Houston before Judge Keith P Ellison. (Signed by Judge Keith P Ellison) Parties notified.(jdav, 4) (Entered: 03/02/2022)
03/03/2022 5 Summons Issued as to Mark D. McConn, Susan Sacra McConn. Issued summons delivered to plaintiff by NEF, filed. (Attachments: # 1 Continuation) (BrandisIsom, 4) (Entered: 03/03/2022)
Ya’ll Cannae McConn Us With that German Bank, A Straw Man Who Refuses to Leave Russia
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

To Top