It Happened To Us. It Could Happen To You. The Nick and Donna Nickerson Family. www.ithappenedtous.com
Home / In The News / State Foreclosures / Texas
In The News
Real life. Real people. Real attacks. Real action needed.


Alabama

Alaska

Arizona

Arkansas

California

Colorado

Connecticut

Delaware

Florida

Georgia

Hawaii

Idaho

Illinois

Indiana

Iowa

Kansas

Kentucky

Louisiana

Maine

Maryland

Massachusetts

Michigan

Minnesota

Mississippi

Missouri

Montana

Nebraska

Nevada

New Hampshire

New Jersey

New Mexico

New York

North Carolina

North Dakota

Ohio

Oklahoma

Oregon

Pennsylvania

Rhode Island

South Carolina

South Dakota

Tennessee

Texas

Utah

Vermont

Virginia

Washington

West Virginia

Wisconsin

Wyoming

Tell Your Story

Contact Us


Texas

Friendship

Quick Facts
 
Capital: Austin
 
Area: 267,338 square miles
 
Ranks 2nd in size
 
Nickname: Lone Star State
 
State Slogan: It's Like a Whole Other Country
 
Admission Date: 1845
 
State Flower: Bluebonnet
 
State Bird: Mockingbird
Did you know?
  • Texas has official plays. They are: "The Lone Star" "Texas" "Beyond the Sundown" "Fandangle"
  •  
  • 220 Rhode Islands can fit into the State of Texas.
  •  
  • The Alamo where Davy Crockett, Jim Bowie, and many other freedom fighters made their stand delaying the Mexican army and died is in San Antonio. Texas.
  •  
  • The King Ranch in Texas is bigger than the State of Rhode Island.
  •  
  • Bracken Cave has a population of over 20 million bats.
  •  
  • Texas has been a member of six different nations - Spain, Mexico, France, The Republic of Texas, The Confederate States and the United States of America.

In 1845, Texas became the 28th State to be admitted into the United States of America. Below are excerpts of the Texas Constitution followed by what has and is happening in Texas.


The Constitution of Texas
Humbly invoking the blessings of Almighty God, the people of the State of Texas, do ordain and establish this Constitution.
Preamble

Texas is a free and independent State, subject only to the Constitution of the United States, and the maintenance of our free institutions and the perpetuity of the Union depend upon the preservation of the right of local self-government, unimpaired to all the States.
Article 1, Section 1

No person shall be disqualified to give evidence in any of the Courts of this State on account of his religious opinions, or for the want of any religious belief, but all oaths or affirmations shall be administered in the mode most binding upon the conscience, and shall be taken subject to the pains and penalties of perjury.
Article 1, Section 5

All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences. No man shall be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent. No human authority ought, in any case whatever, to control or interfere with the rights of conscience in matters of religion, and no preference shall ever be given by law to any religious society or mode of worship. But it shall be the duty of the Legislature to pass such laws as may be necessary to protect equally every religious denomination in the peaceable enjoyment of its own mode of public worship.
Article 1, Section 6

The right of trial by jury shall remain inviolate. The Legislature shall pass such laws as may be needed to regulate the same, and to maintain its purity and efficiency. Provided, that the Legislature may provide for the temporary commitment, for observation and/or treatment, of mentally ill persons not charged with a criminal offense, for a period of time not to exceed ninety (90) days, by order of the County Court without the necessity of a trial by jury. (Amended Aug. 24, 1935.)
Article 1, Section 15

No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.
Article 1, Section 19

To guard against transgressions of the high powers herein delegated, we declare that everything in this “Bill of Rights” is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void.
Article 1, Section 29


View article as PDFView as PDF
 
 

It is happening in Texas



Harry Engel's Death Caused By JPMorgan CHASE Foreclosure/'JPMorgan CHASE killed my husband!' Texas woman sues after 'foreclosure caused his heart attack'

Wanda Jo Engel alleges that JPMorgan's wrongful home foreclosure and eviction created so much stress that it "overwhelmed" her husband, Harry Engel, ultimately triggering his death. She and her children, Steve, Debra and Josh, are suing the bank for wrongful death and wrongful foreclosure and eviction among other claims, according to a lawsuit filed in Dallas County Court. ...

The Engels lived in their home for 22 years and were current on their mortgage payments during that time, according to the suit. But in early 2009, they received a letter from the bank advising them to refinance their loan; the Engels went to their local Chase branch and spoke to a staff member who told them to "miss a payment" to more easily qualify for government refinancing assistance, the suit alleges. ...

JPMorgan Chase is not the only bank accused of giving advice that ultimately led to foreclosure and eviction. The phenomenon became so widespread during the housing bust that it was the subject of a 2010 Senate Banking Committee hearing. ...

In the two years since Harry Engel's death and the family's eviction, the home has been vacant, according to Shaver. "Just the stress of the foreclosure process itself was too much for Mr. Engel who was a really good man," Shaver said.
...
Read more...

View article as PDFView as PDF


Read link #2

View article as PDFView as PDF


Tags: Texas
Source: http://www.huffingtonpost.com/2012/07/06/harry-engel-death-jpmorgan-chase_n_1651715.html
Article by Jillian Berman, July 6, 2012
http://www.dailymail.co.uk/news/article-2170041/Texas-woman-sues-JPMorgan-Chase-claiming-foreclosure-gave-husband-Harry-Engel-fatal-heart-attack.html

 

Jury awards $5.4 million to couple after finding fraud in foreclosure case
David and Mary Ellen Wolf were several payments behind on their home mortgage and knew that foreclosure loomed.

They were puzzled, though, when a foreclosure notice came early in 2011 from Wells Fargo because they hadn't done business with that bank. ...

...neither Wells Fargo nor its mortgage servicer, Carrington Mortgage Services, had legal claim to the note on the house or the right to foreclose. ...

The situation has its roots in practices that evolved in the years leading to the Great Recession that began in 2007. Wall Street investment houses were eager to generate mortgage-securitized trusts - financial instruments created by bundling thousands of mortgages and selling shares to investors who expected to profit from the combined monthly mortgage payments.

Harris County, Texas is where one of our fraudulent assignments took place. Thank you for standing up to the banks, Texas Jury. If only more people would follow your example...

This homeowner got the opportunity to go to trial and they won. Few homeowners get this opportunity. The right to a defense and due process is denied by summary judgment. That is what happened in both of our cases.
Read more...

View article as PDFView as PDF


Tags: Texas
Source: http://www.houstonchronicle.com/business/article/Jury-awards-5-4-million-to-couple-after-finding-6687502.php
Article by L.M. Sixel, December 10, 2015

 

Houston couple wins $5.4 million in foreclosure fraud suit against Wells Fargo
Sometimes David beats Goliath
It's a story that's been seen hundreds, if not thousands of times since the housing crisis. Homeowners fight back against foreclosure, saying that the lender or servicer has no legal authority to foreclose on their home.

And it usually ends the same way, with the little guy losing.

But one Houston couple took on one of nation's biggest banks – and won. Big.
...
Read more...

View article as PDFView as PDF


Tags: Texas
Source: http://www.housingwire.com/articles/print/35811-houston-couple-wins-54-million-in-foreclosure-fraud-suit-against-wells-fargo
Article by Ben Lane, December 10, 2015

 

The Widow, the Bank, and the $8 Billion Verdict
After her husband died, Jo Hopper spent eight years fighting the bank administering the estate. She won a record-setting judgment. But will JPMorgan Chase ever pay up? ...

Fraud. Felony. How did a jury come to believe that a bank that has been part of the bedrock of the American financial system since 1871 might have done such things to a widow and her stepchildren? And what made that jury so angry—or so concerned that what happened to the Hoppers could happen to any of us—that it insisted on making an unprecedented statement with its verdict? ...

"One juror told me, 'If the bank didn't care about Jo Hopper and the money she had, why would they care about us when we don't have that kind of money?' " ...

...since both Jo and the children sued to have the bank removed as independent administrator, one wonders why the bank didn't just resign.
The answer to that question, say attorneys for the children, ends with two words: "theft" and "felony."
"That is the key question you have to ask yourself here," says Bell, the attorney who represented the children during the jury trial. "Why did the bank not step down as the independent administrator? The reason is if they stepped down, there was a lawsuit naming them, so they would have had to pay the legal fees for that lawsuit out of their own pocket. But if they stayed in the case, they had a war chest to defend themselves with. And the war chest they had just so happened to be an account with my clients' money in it."

For our clients, this is about more than money. Our clients really wish Chase would take some responsibility here. ...

Read more...

View article as PDFView as PDF


Tags: Texas
Source: https://www.dmagazine.com/publications/d-magazine/2018/january/jo-hopper-jpmorgan-chase-lawsuit/
Article by Jill Brousard

 

Rare Plaintiff Victory in Wrongful Foreclosure Case
Mathis purchased the property in 2000 with a mortgage, as well as a Small Business Administration loan. In 2008, Mathis' business suffered losses, and he was unable to make anything but sporadic payments on the building. His mortgage company, DCR Mortgage III Sub I, LLC of St. Petersburg, Florida, threatened foreclosure in early 2009. Mathis tendered all amounts owing under his note, but the payment was refused. Mathis filed a lawsuit in Travis County District Court in April 2009, to try to stop the foreclosure. ...

"This was a very unusual case," said Skarnulis. "It is exceedingly rare for a plaintiff to win on a claim of wrongful foreclosure. But to do so after three trials and one appeal is even more surprising. We are grateful that the jury recognized the unfairness of the foreclosure, and we are glad to recover some of Mr. Mathis' equity in his property."

Read more...

View article as PDFView as PDF


Tags: Texas
Source: https://cstrial.com/insights/rare-plaintiff-victory-in-wrongful-foreclosure-case
July 28, 2015

 



Case Excerpts

Below are excerpts from legal cases that we have found during our research. Please note that we are not necessarily recommending or endorsing any of the cases or their outcomes. However, we have found the parts below to be helpful and informative in our battle.



Foreclosure and Assignments
“In fact, Texas has long followed the common law rule which permits a debtor to assert against an assignee any ground that renders the assignment void or invalid

The current edition of American Jurisprudence states the same rule more succinctly, while adding the rationale:
The obligor of an assigned claim may defend a suit brought by the assignee on any ground that renders the assignment void or invalid, but may not defend on any ground that renders the assignment voidable only, because the only interest or right that an obligor of a claim has in the assignment is to ensure that he or she will not have to pay the same claim twice. 6 Am.Jur.2d Assignments § 119 (database updated May 2012)

- foreclosure by the wrong entity does not discharge the homeowner's debt, and leaves them vulnerable to another action on the same note by the true creditor…

The court concludes that under Texas law homeowners have legal standing to challenge the validity or effectiveness of any assignment or chain of assignments under which a party claims the right to foreclose on their property.”
Miller v. Homecomings Financial, LLC, 881 F. Supp. 2d 825 (S.D. Tex. 2012)


View article as PDFView as PDF


Tags: Texas
Source: Miller v. Homecomings Financial, LLC, 881 F. Supp. 2d 825 (S.D. Tex. 2012)

 

Void Transfer Defense
“The Fifth Circuit [US Fifth Circuit Court of Appeals] held that the mortgagors could argue that the transfers were void, because while “an obligor cannot defend against an assignee's efforts to enforce the obligation on a ground that merely renders the assignment voidable at the election of the assignor, Texas courts follow the majority rule that the obligor may defend `on any ground which renders the assignment void.'" See id. at 225 (first emphasis added) (quoting TriCities Constr., Inc. v. Am. Nat'l Ins. Co., 523 S.W.2d 426, 430 (Tex.Civ.App.Houston [1st Dist.] 1975, no writ)); Ortiz v. Citimortgage, Inc., 954 F.Supp.2d 581, 58687 (S.D.Tex.2013) (holding that plaintiffs could challenge an assignment on grounds that it did not occur because such an allegation goes to the issue of validity ab initio).”
Davis v. Countrywide Home Loans, Inc., 1 F.Supp.3d 638, 644 (S.D. Tex. 2014)

View article as PDFView as PDF


Tags: Texas
Source: Davis v. Countrywide Home Loans, Inc., 1 F.Supp.3d 638, 644 (S.D. Tex. 2014)

 

A Void Contract Cannot Be Enforced
“See generally Commonwealth Prop. Advocates, L.L.C. v. Mortg. Elec. Registration Sys., 680 F.3d 1194 (10th Cir. 2011) (establishing that mortgagors have both Article III standing and prudential standing in challenging the transfer of a debt instrument).
The law is settled that the obligors of a claim may defend the suit brought thereon on any ground which renders the assignment void, but may not defend on any ground which renders the assignment voidable only, because the only interest or right which an obligor of a claim has in the instrument of assignment is to insure himself that he will not pay the same claim twice.
TriCities,523 S.W.2d at 430 (citing Glass v. Carpenter, 330 S.W.2d 530, 537 (Tex.Civ. App.1959)). “This rule accords with long established principles of contract law. A void contract is ‘invalid or unlawful from its inception' and therefore cannot be enforced." Tyler, 2013 WL 1821754, at *5 (citing 17A C.J.S. Contracts § 169) (2013).”
Ortiz v. Citimortgage, Inc., 954 F.Supp. 2d 581, (S.D. Tex. 2013)

View article as PDFView as PDF


Tags: Texas
Source: Ortiz v. Citimortgage, Inc., 954 F.Supp. 2d 581, (S.D. Tex. 2013)

 

Original Note, Holder, and Summary Judgment
“His testimony, however, does not establish production of the original note by plaintiff, and neither does it show that plaintiff is still the owner and holder. Since this essential element of plaintiff's proof is lacking, the summary judgment cannot stand.”
Sherer v. Bench, 549 S.W.2d 57 (Tex. App. 1977)

View article as PDFView as PDF


Tags: Texas
Source: Sherer v. Bench, 549 S.W.2d 57 (Tex. App. 1977)