Kimberly Collins Lost Her Partner to COVID-19 and Foreclosure Will Make Her Homeless She Asserts

The Wolves of Texas, Foreclosure Mill Mackie Wolf don’t care about personal circumstances, it’s all about finchin’ homesteads for MidFirst.
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LIT UPDATE AND COMMENTARY

FEB 11, 2024

Despite the case ending with no appeal, no injunctive relief and as far as we can see from a review today on real property records, no home loan modification, the Wolves of Texas ain’t listing this property for foreclosure.

Collins v. Midland Mortgage (represented by Mark Cronenwett and Nick Frame of Mackie Wolf, foreclosure mill lawyers)

(4:22-cv-02414)

District Court, S.D. Texas

JUL 20, 2022 | REPUBLISHED BY LIT: JUL 21, 2022

Judge Hoyt dismissed wrongful foreclosure action with prejudice, and denied any and all post judgment orders, including an appeal to CA5 as IFP.

The 5th Cir. dismissed appeal on Jan. 9, 2023 for failure to pay appeal fee.

It appears from a review of the property records that the surviving spouse, Kim Collins is still in the home, with no foreclosure auction appearing to have been conducted in the 11 or so months since her appeal was dismissed.

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-02414

Collins v. Midland Mortgage
Assigned to: Judge Kenneth M Hoyt

Case in other court: 334th Judicial District of Harris County, TX, 202238804

Cause: 28:1332 Diversity-Breach of Contract

Date Filed: 07/20/2022
Date Terminated: 10/31/2022
Jury Demand: None
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity

 

Date Filed#Docket Text
11/03/20227RESPONSE to 6 Order on Motion to Dismiss, filed by Kimberly Collins. (hlerma, 4) (Entered: 11/03/2022)
11/04/20228MOTION for Leave to Appeal in forma pauperis by Kimberly Collins, filed. Motion Docket Date 11/25/2022. (DarleneHansen, 4) (Entered: 11/04/2022)
11/04/20229NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 6 Order on Motion to Dismiss by Kimberly Collins, filed.(DarleneHansen, 4) (Entered: 11/04/2022)
11/07/202210Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: 9 Notice of Appeal, 8 MOTION for Leave to Appeal in forma pauperis. Fee status: Not Paid, filed. (Attachments: # 1 NOA, # 2 DKT-13) (EdnitaPonce, 1) (Entered: 11/07/2022)
11/18/202211Amended Motion to APPEAL to US Court of Appeals for the Fifth Circuit re: 6 Order on Motion to Dismiss by Kimberly Collins, filed.(gclair, 4) (Entered: 11/18/2022)
11/21/202212Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: 11 Notice of Appeal – Amended. Fee status: Not Paid, filed. (Attachments: # 1 Notice of Appeal, # 2 DKT13) (SaraCelis, 1) (Entered: 11/21/2022)
11/30/202213MOTION for Temporary Restraining Order by Kimberly Collins, filed. Motion Docket Date 12/21/2022. (Attachments: # 1 Proposed Order)(ShannonHolden, 4) (Entered: 11/30/2022)
12/01/202214ORDER denying 8 Plaintiff’s Motion for Leave to Appeal in forma pauperis.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 12/01/2022)
12/01/202215ORDER denying 13 Plaintiff’s Motion for Temporary Restraining Order.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 12/01/2022)
12/05/202216Notice of Non-Compliance. The appellant (or counsel for the appellant, if represented) has failed to: Pay the notice of appeal filing fee. Submit the DKT13 transcript order form. Parties notified, filed. (SaraCelis, 1) (Entered: 12/05/2022)
01/09/202317Order of USCA re: 9 Notice of Appeal, 11 Notice of Appeal – Amended ; USCA No. 22-20589. The appeal is dismissed for want of prosecution, filed.(JenniferLongoria, 1) (Entered: 01/09/2023)

 


 

PACER Service Center
Transaction Receipt
12/24/2023 10:26:36

Collins v. Midland Mortgage

(4:22-cv-02414)

District Court, S.D. Texas

JUL 20, 2022 | REPUBLISHED BY LIT: JUL 21, 2022

Judge Hoyt will be unlikely to ask anyone to attend the conference call on 11/17/2022 and he’s also likely to write an order saying he held the telephone conference a day or so before it happens, per above tweet…so what’s the point in setting the conference for nearly 4 months out?

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 11/17/2022 at 09:00 AM before Judge Kenneth M Hoyt.

(Signed by Judge Kenneth M Hoyt) Parties notified. (chorace)

(Entered: 07/28/2022)

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-02414

Create an Alert for This Case on RECAP

Collins v. Midland Mortgage
Assigned to: Judge Kenneth M Hoyt

Case in other court: 334th Judicial District of Harris County, TX, 202238804

Cause: 28:1332 Diversity-Breach of Contract

Date Filed: 07/20/2022
Jury Demand: None
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity

 

Date Filed#Docket Text
07/20/20221NOTICE OF REMOVAL from 334th Judicial District of Harris County, Texas, case number 202238804 (Filing fee $ 402 receipt number ATXSDC-28494019) filed by Midland Mortgage, a Division of MidFirst Bank. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Cronenwett, Mark) (Entered: 07/20/2022)
07/20/20222CERTIFICATE OF INTERESTED PARTIES by Midland Mortgage, a Division of MidFirst Bank, filed.(Frame, Nicholas) (Entered: 07/20/2022)
07/21/20223NOTICE to Pro Se Litigant of Case Opening. Party notified, filed. (AkeitaMichael, 4) (Entered: 07/21/2022)
07/28/20224ORDER 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 11/17/2022 at 09:00 AM before Judge Kenneth M Hoyt.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 07/28/2022)

 


 

PACER Service Center
Transaction Receipt
07/30/2022 23:45:43

Removed to federal court from Harris County by the wolves of Texas, Mackie Wolf.

202238804

COLLINS, KIMBERLY vs. MIDLAND MORTGAGE A DIVISION OF MISFIRST BANK

(Court 334, JUDGE DAWN ROGERS)

JUL 5, 2022 | REPUBLISHED BY LIT: JUL 5, 2022

200915988

COLLINS, KIMBERLY vs. WELLS FARGO BANK N A (AS TRUSTEE) 

(Court 269)

MAR 13, 2009 | CASE NON-SUITED APR 16, 2010
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