LIT UPDATE AND COMMENTARY
JUL 18, OCT 28, DEC 8, 2024
Set for submission on briefs – oral argument denied
Midfirst brief by Frame and joined by former BDF Hopkins Gibson
COLLINS Brief filed – oral argument not requested
Motion for extension of time to file brief filed
Motion for extension of time to file brief disposed – granted
FED RULES ARE IRRELEVANT IN SDTX
The freelancin’ Catholic Bandit Mark D. Cronenwett, currently at @LewisBrisbois refuses to be subbed out of the federal case as an associate Wolf from the Wolves of Texas enter the proceedings and file all new pleadings.https://t.co/JmxjWIX2b4— lawsinusa (@lawsinusa) July 18, 2024
LIT UPDATE AND COMMENTARY
FEB 11, JUN 18, 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.
What’s on 🔥 on 🔥 today?
Where Do You Draw the Line, Texas? Does Bandit Lawyer Craig Noack Have Any Consequences? – Laws In Texas https://t.co/N5MD9JYjUt— lawsinusa (@lawsinusa) June 18, 2024
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
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 |
|---|---|---|
| 11/03/2022 | 7 | RESPONSE to 6 Order on Motion to Dismiss, filed by Kimberly Collins. (hlerma, 4) (Entered: 11/03/2022) |
| 11/04/2022 | 8 | MOTION for Leave to Appeal in forma pauperis by Kimberly Collins, filed. Motion Docket Date 11/25/2022. (DarleneHansen, 4) (Entered: 11/04/2022) |
| 11/04/2022 | 9 | NOTICE 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) |
| 11/07/2022 | 10 | Clerks 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) |
| 11/18/2022 | 11 | Amended 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) |
| 11/21/2022 | 12 | Clerks 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) |
| 11/30/2022 | 13 | MOTION for Temporary Restraining Order by Kimberly Collins, filed. Motion Docket Date 12/21/2022. (Attachments: # 1 Proposed Order)(ShannonHolden, 4) (Entered: 11/30/2022) |
| 12/01/2022 | 14 | ORDER 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) |
| 12/01/2022 | 15 | ORDER denying 13 Plaintiff’s Motion for Temporary Restraining Order.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 12/01/2022) |
| 12/05/2022 | 16 | Notice 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) |
| 01/09/2023 | 17 | Order 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 |
Judge Kenneth Hoyt PRE-BAKING Orders that make no procedural sense.
That’s what happens when you protectin’ your own corrupt sort and discriminatin’ against so many honest litigants.
Y’all never follow the Rule of Law. You’ve been BUSTED by LIT, again. https://t.co/LIrcNjQ1hS pic.twitter.com/afeAkzT7EB
— lawsinusa (@lawsinusa) September 30, 2022
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
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 |
|---|---|---|
| 07/20/2022 | 1 | NOTICE 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) |
| 07/20/2022 | 2 | CERTIFICATE OF INTERESTED PARTIES by Midland Mortgage, a Division of MidFirst Bank, filed.(Frame, Nicholas) (Entered: 07/20/2022) |
| 07/21/2022 | 3 | NOTICE to Pro Se Litigant of Case Opening. Party notified, filed. (AkeitaMichael, 4) (Entered: 07/21/2022) |
| 07/28/2022 | 4 | 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) |
| 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.
Mark Cronenwett Rushes into SDTX With A Premature Motion to Dismiss 48 Hrs After Removal – Then This Happened – https://t.co/Y7cwI9xnNT
Hat tip to Judge Ricardo Hinojosa – He Outshines CA5, who refused to sanction the same behavior by Mark Hopkins. https://t.co/zh8wErEeg8 pic.twitter.com/KKDN5GACef
— lawsinusa (@lawsinusa) July 14, 2022
202238804
COLLINS, KIMBERLY vs. MIDLAND MORTGAGE A DIVISION OF MISFIRST BANK
JUL 5, 2022 | REPUBLISHED BY LIT: JUL 5, 2022
The Wolves Were Burning Arrows in San Antonio, Texas but Select Portfolio Servicing has Decided to Dismiss Without Prejudice, for reasoning that can only make sense is you read about the recent, pro-lawyer, Daniels 11th Circuit Opinion https://t.co/4kC5xtbhlW
— lawsinusa (@lawsinusa) July 14, 2022
justice
