Programează-teIt Declaration and you will Testimonial inquiries the next around three motions: (1) Plaintiff’s Affidavit away from Facts to get Defendant’s Ginnie Mae Default Judgment [#17], that your Courtroom construes as Plaintiff’s Motion to own Default Judgment against Offender Ginnie Mae; (2) Plaintiff’s Affidavit of Points meant for Defendant’s Hughes, Watters & Amp Askanase Law practice Standard View [#18], that your Courtroom construes because the Plaintiff’s Motion for Default Wisdom up against Defendant Hughes, Watters & Askanase; and you will (3) Defendant Hughes Watters & Askanase, LLP’s Signal a dozen(b)(6) Action to help you Write off that have Bias [#21]. Pursuing the District Legal accompanied the undersigned’s earlier in the day declaration and you can testimonial, brand new Court re-introduced this case towards undersigned to own vibe of all the kept pretrial issues [#28]. The undersigned provides expert to get in that it testimonial pursuant so you’re able to twenty-eight You.S.C. § 636(b)(1)(B). Into reasons set forth less than, we recommend that Plaintiff’s Actions having Standard Wisdom facing Accused Ginnie Mae [#17] be Rejected; Plaintiff’s Actions getting Default Wisdom facing Accused Hughes, Watters & Askanase [#18] feel Disregarded Because the MOOT; and you will Accused Hughes Watters Askanase, LLP’s Rule several(b)(6) Motion to help you Disregard with Bias [#21] be Supplied. The fresh undersigned further advises your Area Legal disregard without bias Plaintiff’s left states facing Ginnie Mae sua sponte.
Plaintiff Sammy Lee Woods, Jr., continuing expert se, filed their Complaint into [#3] against Defendants Flagstar Bank, Lakeview Mortgage Repair, LLC, Loancare, LLC, Ginnie Mae, and Hughes, Watters & Askanase. Plaintiff’s claims question possessions located at 7727 Windview Ways, San Antonio, Texas 78244 and you will a supposedly unlawful sample within foreclosure. (Compl. [#3] at 2, 33.) Plaintiff’s Issue, regardless of if lengthy, include hardly any factual accusations as well as does not have an explanation from this new functions in order to differentiate the fresh new alleged misconduct of your own some Defendants. Although not, construing Plaintiff’s Complaint and other pleadings liberally, it appears that they are alleging which he renegotiated their financing with a brand new promissory notice for the , and therefore notice effectively reduced the loan such that any attempt within foreclosure is unlawful. (Id. at 2.) What causes step asserted during the Plaintiff’s Grievance also are unsure, but Plaintiff seems to be saying says regarding unlawful foreclosure, violation out-of contract, ripoff, and assertion of owed techniques, as well as violations of your Texas Company and you will Trade Code §step 3.603, the fact Inside the Credit Operate (“TILA”), the genuine Property Payment Methods Act (“RESPA”), the fresh Racketeer Influenced and you may Corrupt Organizations Operate (“RICO”), and Consistent Commercial Password (“UCC”). (Id. within 3-twenty eight.) Connected with Plaintiff’s Ailment are certain documents you to presumably service their says. (Id. from the 33-60.)
On the report, the newest undersigned figured Plaintiff’s allegation that he fulfilled the amount due to your his mortgage by the distribution yet another mention so you can Flagstar Lender did not bring about one facially plausible allege, as the notice connected to Plaintiff’s Criticism appeared as if unilaterally written and carried out of the Plaintiff within the try to modify the loan’s conditions. Eventually, payday loans Vermont this new undersigned unearthed that Plaintiff’s states around RILA, Control Z, and you can RESPA was basically barred from the ruling statute of limitations and you will Plaintiff’s UCC and you can Tx Business and you will Commerce Password claims were not successful due to the fact a question of laws because these guidelines don’t govern liens to your real estate.
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