UPDATE
NOV. 29, 2023
Hey y’all,
I wanted to share the most recent activity on the NYSD case.
As you mentioned in your synopsis of the Order, the district judge did not address the applicability of Rooker’Feldman.
I filed a Rule 60(b)(4) (and supplement) to get him to put on the record whether Rooker-Feldman applied.
He responded by a “Memo endorsement”, Rooker-Feldman did not apply.
I am sharing the Westlaw copy for your review.
SUMMARY TIMELINE
In January 2001, Plaintiff purchased the property at 2951 Santa Sabina Drive, Grand Prairie, Texas 75052.
As part of this transaction she executed a promissory note and deed of trust (CR 1:221).
On June 7, 2011, Bank of America sent Appellant a Notice of Default and Intent to Accelerate Letter (CR 1:222).
On April 24, 2012, Appellee ReconTrust Company sent Appellant a Notice of Acceleration declaring that the debt on the promissory note had been accelerated and the full amount was due (CR 1:222).
On June 4, 2012, David Stockman filed a “Notice of Trustee’s Sale” at the Tarrant County, Texas Courthouse designating the George Allen Courthouse in Dallas County, Texas as the place of sale (CR 1:223).
On August 2, 2012, David Stockman filed a Substitute Trustee’s Deed (Instrument D212187326) in the Tarrant County property records, declaring that the property was sold at the Dallas County Courthouse on July 3, 2012 and the Bank of New York Mellon was the purchaser (CR1:223).
The Bank of New York Mellon filed an eviction actions against Appellant and was awarded Judgment of Possession, first by the Justice of Peace Court Number 7, Tarrant County Texas on November 15, 2012
and then by the County Court of Law Number 1, Tarrant County, Texas on October 31, 2012 (CR 1:223-224).
On November 5, 2012, Appellant filed the case subject to this appeal (CR1:224).
On December 12, 2012, Appellant filed a lis pendens to record the pending instant case referencing the title dispute and eviction (CR 1:224).
While this litigation was ongoing, and without notice to Appellant, ReconTrust Company and David Stockman, on August 2, 2014 executed and recorded Instrument D214164490, Notice of Rescission and Cancellation of Trustee’s Deed (CR1:227-228).
On April 8, 2015, in response to Appellant’s Request for Production, Kelly Harvey sent a purported reinstated contractual statement (CR 1:504).
Nevertheless, as late as December 30, 2015, Appellees, in a Federal Court answer, reaffirmed the foreclosure sale (CR 2:663)
On April 19, 2016, Kelly Harvey, Nationstar Mortgage, LLC’s attorney, sent Appellant and “Abandonment of Acceleration” of the April 24, 2012 acceleration (CR 1:514-515).
On June 6, 2016, Appellant sent Kelly Harvey an “Objection to Nationstar’s Abandonment of Acceleration” advising that Nationstar Mortgage, LLC was aware of the pending litigation against the Bank of New York Mellon and that the acceleration was irrevocable after the Bank of New York Mellon exacted a remedy after prevailing in the eviction court for possession as a superior title holder (CR 1:516-518).
The lawsuit was removed to Federal Court and remanded back to state court on more than one occasion, with the last remand occurring on August 11, 2016 (CR 1:138-143).
During this time period between the Original Petition and the final remand to state court, Appellees Melanie Cowan, Bank of America and ReconTrust Company were served and added as Defendants, but never filed an answer in state court (see state court docket at CR2:1039-1042 for the absence of any entry noting an answer filed by these parties).
These parties were notified of the remand when Appellant filed a Notice of Filing Certified Order of Remand (CR 1:169-172).
On February 17, 2017, the trial court entered a scheduling order, as proposed by the Bank of New York Mellon (CR 1:183-186). This scheduling order did not contain a deadline for amending pleadings and it noted that discovery was closed. On February 22, 2017, Appellees served a Response to Appellant’s Request for disclosure. In this response, Appellees listed NationStar Mortgage, LLC and David Stockman as potential parties (CR 1:191).
Additionally, for the first time, Appellees conceded that the Substitute Trustee’s Deed and Notice of Rescission were invalid (CR 1:191).
On May 18, 2017, Appellant filed her Sixth Amended Petition, which added additional parties, including NationStar Mortgage, LLC and David Stockman.
On June 15, 2017, a hearing was held on Appellees Motion to Strike Additional Parties and the court ruled that all parties added post-remand were struck (RR 3:11-12).
On June 22, 2017, Appellant filed her Seventh Amended Petition (CR 1:435-529).
On August 18, 2017, the trial court held a hearing that took up, among other items, Appellees’ Motion for Summary Judgment (CR 1:306-348), Appellant’s Amended and Partial Motion for Summary Judgment (CR 1:349-401), Appellees’ Motion to Strike Appellant’s Seventh Amended Petition (CR 2:537-540), and Appellant’s Motion to Strike the Harvey Law Group’s Affidavit and Exhibits to Support Defendants’ Traditional and No Evidence Motion for Summary Judgment (CR 2:561).
From this hearing, the trial court issued an Order Granting in Part and Denying in
Part Plaintiff’s Amended Motion for Summary Judgment (CR 2:958-959 and Appendix 3 to this brief), an Order on All Matters at August 18, 2017 Hearing (CR 2:988-989 and Appendix 2 to this brief)), and a Final Judgment (CR 2:990-991 and Appendix 1 to this brief).
The details of these orders and final judgment that Appellant contests include granting summary judgment to Appellees that did not answer, striking Appellant’s Seventh Amended Petition, granting Appellant relief she did not request, not striking the Harvey Group Affidavits and Exhibit (and thus granting summary judgment based on this non-struck material), and denying Appellant’s request for declaratory relief because of the statute of limitations.
Additionally, Appellant contests the striking of NationStar Mortgage and David Stockman as parties.
Transcript Report of Remote Conference before Magistrate Judge Katharine Parker
AUG 11, 2022 | REPUBLISHED BY LINY : SEP 25, 2022
“No Free Home” Sayeth the Magistrate Judge
Who is Brian Scibetta? A Debt Collector, pure and simple. He’s got nothin’ to do with BONYM (Trustee). Nicholson’s debt was charged-off and this is another bounty-huntin’ lawyer, workin’ for a foreclosure mill (3rd party debt collectors).
U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:22-cv-03177-PGG-KHP
| Nicholson v. The Bank of New York Mellon et al Assigned to: Judge Paul G. Gardephe Referred to: Magistrate Judge Katharine H. Parker Cause: 28:1331 Fed. Question | Date Filed: 04/18/2022 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question |
| Date Filed | # | Docket Text |
|---|---|---|
| 05/01/2023 | 101 | FIRST LETTER addressed to Judge Paul G. Gardephe from Harriet Nicholson dated May 1, 2023 re: Supplemental Authority To Support Nicholson’s Argument Res Judicata Doesn’t Apply to Instant Case. Document filed by Harriet Nicholson..(Nicholson, Harriet) (Entered: 05/01/2023) |
CFPB Settle with Goodwin Law and Nationstar in 2020 for Thievin’ from Homeowners
REPUBLISHED BY LINY : SEP 25, 2022
Nationstar Mortgage, LLC d/b/a Mr. Cooper
On December 7, 2020, the Consumer Financial Protection Bureau (Bureau) filed a complaint and proposed stipulated judgment and order against Nationstar Mortgage, LLC, which does business as Mr. Cooper (Nationstar).
The Bureau alleges that Nationstar violated multiple Federal consumer financial laws, causing substantial harm to the borrowers whose mortgage loans it serviced, including distressed homeowners.
Nationstar is one of the nation’s largest mortgage servicers and the largest non-bank mortgage servicer in the United States.
The proposed judgment and order, which the court entered on December 8, 2020, requires Nationstar to pay approximately $73 million in redress to more than 40,000 harmed borrowers.
It also requires Nationstar to pay a $1.5 million civil penalty to the Bureau.
Attorneys general from all 50 states and the District of Columbia and bank regulators from 53 jurisdictions covering 48 states and Puerto Rico, the Virgin Islands, and the District of Columbia settled with Nationstar the same day and their settlements are reflected in separate actions, concurrently filed in the United States District Court for the District of Columbia.
The orders in the Bureau’s and the States’ actions have yielded nearly $85 million in recoveries for consumers to date and over $6 million more in fees and penalties.
They are also part of a larger government effort, which also includes assistance from the Special Inspector General for the Troubled Asset Relief Program (SIGTARP) and the United States Trustee Program, to address Nationstar’s alleged unlawful mortgage loan servicing practices.
We couldn’t help but notice Thomas Hefferon and Matthew Riffee for Goodwin representing Nationstar.
Nicholson v. The Bank of New York Mellon
(1:22-cv-03177)
District Court, S.D. New York
APR 19, 2022 | REPUBLISHED BY LINY : APR 25, 2022
U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:22-cv-03177-PGG-KHP
| Nicholson v. The Bank of New York Mellon et al Assigned to: Judge Paul G. Gardephe Referred to: Magistrate Judge Katharine H. Parker Cause: 28:1331 Fed. Question | Date Filed: 04/18/2022 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question |
| Date Filed | # | Docket Text |
|---|---|---|
| 05/19/2022 | 24 | MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Pursuant to FRCP 12(b)(1) and 12(b)(6). Document filed by The Bank of New York Mellon..(Scibetta, Brian) (Entered: 05/19/2022) |
| 05/19/2022 | 25 | DECLARATION of Brian P. Scibetta, Esq. in Support re: 24 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Pursuant to FRCP 12(b)(1) and 12(b)(6).. Document filed by The Bank of New York Mellon. (Attachments: # 1 Exhibit 1 – Complaint, # 2 Exhibit 2 – Deed of Trust, # 3 Exhibit 3 – Assignments of Mortgage, # 4 Exhibit 4 – Substitute Trustee’s Deed, # 5 Exhibit 5 – Sale Rescission Notice, # 6 Exhibit 6 – Docket from TX action, # 7 Exhibit 7 – Original Petition from TX action, # 8 Exhibit 8 – Final Judgment from TX action, # 9 Exhibit 9 – Amended Final Judgment from TX action, # 10 Exhibit 10 – Appellate Decision from TX action).(Scibetta, Brian) (Entered: 05/19/2022) |
| 05/19/2022 | 26 | MEMORANDUM OF LAW in Support re: 24 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Pursuant to FRCP 12(b)(1) and 12(b)(6). . Document filed by The Bank of New York Mellon..(Scibetta, Brian) (Entered: 05/19/2022) |
| 05/19/2022 | 27 | NOTICE of to Pro Se Litigant Pursuant to Local Civil Rule 12.1 re: 24 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Pursuant to FRCP 12(b)(1) and 12(b)(6).. Document filed by The Bank of New York Mellon..(Scibetta, Brian) (Entered: 05/19/2022) |
| 05/19/2022 | 28 | CERTIFICATE OF SERVICE of Motion to Dismiss served on Plaintiff on May 19, 2022. Document filed by The Bank of New York Mellon..(Scibetta, Brian) (Entered: 05/19/2022) |
| 05/23/2022 | 29 | PLAINTIFF’S REQUEST TO TAKE JUDICIAL NOTICE OF RECORDS PURS. TO FRCP 201(BONYM COURT RECORD DOC. 79; NOTICE OF RESCISSION; BONYM COURT RECORD DOC. 84; BONYM COUNSEL’S NAME). Document filed by Harriet Nicholson. (sc) (Entered: 05/23/2022) |
| 05/25/2022 | 30 | AMENDED COMPLAINT, re: amending 1 Complaint against The Bank of New York Mellon.Document filed by Harriet Nicholson. Related document: 1 Complaint.(sc) (Entered: 05/25/2022) |
| 05/26/2022 | 31 | PROPOSED STIPULATION AND ORDER. Document filed by The Bank of New York Mellon. (Attachments: # 1 Exhibit A – Second Amended Complaint).(Scibetta, Brian) (Entered: 05/26/2022) |
| 05/27/2022 | 32 | STIPULATION FOR FILING OF SECOND AMENDED COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff, Harriet Nicholson (“Plaintiff”) and Defendant, The Bank of New York Mellon fka The Bank of New York as Trustee for the Certificateholders of CWMBS, Inc., CWMBS Reforming Loan REMIC Trust Certifies, Series 2005-R2 (“Defendant”), that: 1. Defendant consents to the filing of a Second Amended Complaint by Plaintiff that seeks to correct inadvertent errors in the First Amended Complaint filed on May 25, 2022 (NYSCEF No. 30), in the form attached hereto as Exhibit A. 2. Defendant withdraws, without prejudice, its Motion to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) (NYSCEF Nos. 24-28), on the basis of Plaintiff’s subsequent filing of an amended pleading such that the original Complaint is no longer operative. 3. Defendant shall have 30 days to answer or otherwise respond to the Second Amended Complaint upon Plaintiff’s filing of same. IT IS SO ORDERED. Motions terminated: 24 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Pursuant to FRCP 12(b)(1) and 12(b)(6) filed by The Bank of New York Mellon. (Signed by Magistrate Judge Katharine H. Parker on 5/27/2022) (vfr) (Entered: 05/27/2022) |
| 05/27/2022 | 33 | LETTER from Harriet Nicholson, dated 5/27/22 re: PLAINTIFF’S REQUEST TO TAKE JUDICIAL NOTICE OF RECORDS PURS. TO FRCP 201(PLAINTIFF’S MOTION TO CORRECT/MODIFY FINAL JUDGEMENT NUNC PRO TUNC 09/16/20 HEARING TRANSCRIPT). Document filed by Harriet Nicholson.(sc) (Entered: 05/27/2022) |
U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:22-cv-03177-UA
| Nicholson v. The Bank of New York Mellon et al Assigned to: Judge Unassigned Cause: 28:1331 Fed. Question | Date Filed: 04/18/2022 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question |
| Plaintiff | ||
| Harriet Nicholson | represented by | Harriet Nicholson 2951 Santa Sabina Drive Grand Prairie, TX 75052 PRO SE |
| V. | ||
| Defendant | ||
| The Bank of New York Mellon formerly known as The Bank of New York Trustee for the Certificateholders of CWMBS, Inc., CWMBS Reforming Loan Remic Trust Certificates Series 005-R2 | ||
| Date Filed | # | Docket Text |
|---|---|---|
| 04/18/2022 | 1 | COMPLAINT against CWMBS Reforming Loan Remic Trust Certificates Series 005-R2, The Bank of New York Mellon. Document filed by Harriet Nicholson..(rdz) (Entered: 04/19/2022) |
| 04/18/2022 | 2 | CIVIL COVER SHEET..(rdz) (Entered: 04/19/2022) |
| 04/18/2022 | 3 | REQUEST FOR ISSUANCE OF SUMMONS as to Harriet Nicholson, re: 1 Complaint. Document filed by CWMBS Reforming Loan Remic Trust Certificates Series 005-R2, The Bank of New York Mellon..(rdz) (Entered: 04/19/2022) |
| 04/22/2022 | 4 | PLAINTIFF’S REQUEST TO TAKE JUDICIAL NOTICE OF COURT RECORDS PURSUANT TO FRCP 201. Document filed by Harriet Nicholson. (ok) (Entered: 04/22/2022) |
