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U.S. Bank National Association, et al v. Lamell

4:19-cv-02402 | Texas Southern District Court

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Division Houston
Judge Judge Sim Lake
Filed July 3, 2019
Case Flags MAG
Magistrate Magistrate Judge Christina A Bryan
Nature of Suit 190 Contract - Other
Cause 28:1332 Diversity-Breach of Contract
Jury Demand None
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Filing Date # Docket Text
3/17/2025Receipt for Withdrawal of Exhibits
3/13/2025Certification of Trial Exhibits
3/12/2025Certification of Trial Exhibits
3/12/2025Certification of Trial Exhibits
3/12/2025Certification of Trial Exhibits
3/12/2025Certification of Trial Exhibits
3/12/2025Certification of Trial Exhibits
3/12/2025Certification of Trial Exhibits
3/12/2025Certification of Trial Exhibits
3/12/2025Certification of Trial Exhibits
3/12/2025Certification of Trial Exhibits
3/11/2025Exhibits
3/11/2025Notice of Non-Compliance (FORM, noticing) - Civil
3/10/2025Appeal Remark
3/7/2025Receipt for Withdrawal of Exhibits
3/6/2025Appeal Review Notes
3/5/2025USCA Appeal Fees
3/5/2025Order
3/5/2025Notice of Non-Compliance (FORM, noticing) - Civil
3/3/2025Document
2/28/2025Document
2/27/2025Costs Taxed
2/26/2025USCA Case Number
2/19/2025Appeal Review Notes
2/19/2025Clerks Notice of Filing of an Appeal (FORM,noticing) - Civil
2/18/2025Notice of Appeal
2/11/2025Bill of Costs
2/11/2025Bill of Costs
1/29/2025 FINAL JUDGMENT - In accordance with the court's findings and conclusions set out in its Memorandum Opinion and Order, after hearing the evidence at trial, the court enters the following Final Judgment. It is therefore, ORDERED, ADJUDGED, AND DECREED that an event of default has occurred on that certain InterestFirst Note (the "Note") in the original principal amount of $566,000.00 payable to Home123 Corporation ("Home123") and bearing interest at the initial rate of 6.625% per annum executed by Defendant on or about September 25, 2006. It is further, ORDERED, ADJUDGED, AND DECREED that that certain Deed of Trust dated September 25, 2006, executed by Defendant and recorded in the Official Records of Har ris County, Texas, as Instrument No. 20060088945, provides Mortgage Electronic Registration Systems, Inc. (as the nominee of Homel23) and Homel23 and successors and assigns with a first lien security interest on that certain real property commonly kn own as 5131 Glenmeadow Drive, Houston, Texas 77096. It is further, ORDERED, ADJUDGED, AND DECREED that U.S. Bank is the current holder and owner of the Note and beneficiary of the Deed of Trust. It is further, ORDERED, ADJUDGED, AND DECREED that P HH is the mortgage servicer for U.S. Bank and thus has standing to foreclose pursuant to Texas Property Code Section 51.0025. It is further, ORDERED, ADJUDGED, AND DECREED that the following are secured by the Deed of Trust on the Property: the outst anding balance of the Note, which through November 14, 2024, is $1,679,882.94; prejudgment and post-judgment interest at the Note interest rate of 6.625% per annum; attorneys' fees; and costs of court. It is further, ORDERED, ADJUDGED , AND DECREED that Plaintiffs or their successors or assigns, may proceed with foreclosure on the Property as provided in the Deed of Trust and Texas Property Code § 51.002. It is further, ORDERED, ADJUDGED, AND DECREED that all foreclosure noti ces may be mailed to Defendant at 5131 Glenmeadow Drive, Houston, Texas 77096. It is further, ORDERED, ADJUDGED, AND DECREED that Defendant released any claim or defense that the statute of limitations bars the foreclosure of the Property and therefo re that Defendant's statute of limitations defense presents no impediment to Plaintiffs' proceeding with foreclosure of the Property as provided in this Judgment. It is further, ORDERED, ADJUDGED, AND DECREED that Plaintiffs shall have and recover from Defendant reasonable attorneys' fees in the amount of $174,492.19. Defendant's claims for declaratory judgment in § VIII, subsections 2(a)-(d) and for Release of Deed of Trust Lien in § X of Defendant's Ans wer to Second Amended Complaint and Counterclaims dated May 7, 2024, are DISMISSED WITH PREJUDICE. This is a FINAL JUDGMENT that disposes of all parties and all claims. All relief not specifically granted herein is DENIED. Costs will be taxed against Defendant...*** Case terminated on 1/29/25. (Signed by Judge Sim Lake) Parties notified. (sra4)
1/29/2025 MEMORANDUM OPINION AND ORDER - The court concludes that the Note was accelerated on June 4, 2010, that the statute of limitations was tolled for 755 days, that Plaintiffs and their predecessors did not foreclose or abandon acceleration within four years plus tolling, and therefore that the foreclosure statute of limitations expired. The court concludes that Defendant released his limitations defense in the CIT Settlement and that Plaintiffs are entitled to enforce that release. Therefore, the applicable statute of limitations (Tex. Civ. Prac. & Rem. Code § 16.035) does not bar Plaintiffs from foreclosing on the Property or collecting on the Note. The court concludes that property taxes deferred under Tex. Tax Code § 33.06 are not "timely" paid within the meaning of the Waiver of Escrow and Deed of Trust, that Defendant failed to timely pay property taxes, and that the Waiver of Escrow authorizes Plaintiffs to pay the taxes. Plaintiffs therefore have the right t o pay taxes on the Property, and Defendant was not entitled to deferral of payment of his property taxes under the terms of the Note and Deed of Trust. The court concludes that Plaintiffs have shown that they hold the Note and Deed of Trust, which a llows them to conduct a nonjudicial foreclosure in the event of default on the Note; that Defendant has failed to make the payments required under the Note, which constitutes an event of default; that Plaintiffs have accelerated the Note and sent al l notices required to do so; that Plaintiffs have standing to foreclose; and that Plaintiffs may therefore foreclose on the Property. Plaintiffs may therefore foreclose on the Property in accordance with the Deed of Trust and Texas Property Code 7; 51.002. The court concludes that the Deed of Trust has a contractual subrogation clause such that unpaid property taxes advanced by Plaintiffs are debt of Defendant and secured by the Deed of Trust. The court concludes that Plaintiffs have advanc ed $92,582.06 in unpaid property taxes. Plaintiffs therefore have a valid claim for contractual subrogation in the amount of $92,582.06. Because the court concludes that Defendant released his limitations defense, Defendant's claims f or declaratory judgment and for a release of the Deed of Trust lien will be dismissed with prejudice. The court concludes that the amount secured by the Deed of Trust includes the outstanding balance of the loan, $1,679,882.94 as of November 14, 2024 (including the advanced taxes), pre-judgment and post-judgment interest at the Note interest rate of 6.625% per annum, $174,492.19 in attorneys' fees, and costs of court. (Signed by Judge Sim Lake) Parties notified. (sra4)
1/14/2025Notice of Filing of Official Transcript - (FORM, noticing)
1/14/2025Notice of Filing of Official Transcript - (FORM, noticing)
1/13/2025Transcript
1/13/2025Transcript
1/12/2025Notice of Filing of Official Transcript - (FORM, noticing)
1/11/2025Transcript
1/10/2025Notice of Filing of Official Transcript - (FORM, noticing)
1/10/2025Transcript
12/18/2024Exhibits
12/18/2024Order
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