On February 24, 2021 a
Stipulation,Agreement
was filed
involving a dispute between
Foster, Fage, Jr,
Foster, Lisa,
and
Federal Home Loan Mortgage Corporation,
Jpmorgan Chase Bank, N.A.,
for Contract - Other Contract
in the District Court of Fort Bend County.
Preview
Filed
12/2/2021 1:13 PM
Beverley McGrew Walker
District Clerk
Fort Bend County, Texas
Amy Segura
Case Number 21-DCV-281045
FAGE FOSTER, JR. AND LISA FOSTER, § IN THE DISTRICT COURT OF
Plaintiffs,
Vv. FORT BEND COUNTY, TEXAS
JPMORGAN CHASE BANK, N.A. AND
FEDERAL HOME LOAN MORTGAGE
CORPORATION,
Defendants. § 268TH JUDICIAL DISTRICT
STIPULATION AND MOTION FOR ENTRY OF CONSENT JUDGMENT
Plaintiffs Lisa Foster and Fage Foster Jr. (the Fosters or Plaintiffs) and defendants
JPMorgan Chase Bank, N.A. (Chase) and Federal Home Loan Mortgage Corporation (Freddie
Mac) (collectively, the Parties) file this Stipulation and Motion for Entry of Consent Judgment,
and would respectfully show as follows:
1 The Parties have agreed that the Fosters should take nothing on their claims.
2. Chase and Freddie Mac asserted no claim in this suit.
The Parties stipulate as follows:
(a) The Texas Home Equity Note dated February 24, 2017 in the original principal
amount of $96,800 signed by the Fosters (Note) and Texas Home Equity
Security Instrument dated February 24, 2017 signed by the Fosters (Security
Instrument) were originated in compliance with the Texas Constitution’s
requirements and contractual terms such that all contractual and constitutional
origination requirements were satisfied.
(b) The Note, Security Instrument, and lien granted in the Security Instrument,
including the power of sale and right to foreclose, are valid and enforceable and
comply with the Texas Constitution and other applicable law.
(c) Any purported breach of the Note or Security Instrument by Chase, Freddie
Mac, TRU Mortgage, the lender, any mortgage servicer, or any holder of the
Note was cured within the sixtieth day after the date the Fosters provided notice
of the alleged breach to the lender or holder of the Note.
STIPULATION AND MOTION FOR ENTRY OF CONSENT JUDGMENT Page 1
(d) Chase and Freddie Mac are entitled to a take nothing judgment on all claims the
Fosters asserted in this suit.
4 The Parties request that the Court render a consent judgment in favor of Chase and
Freddie Mac and against the Fosters in accordance with the Parties’ stipulation and that the Fosters
take nothing on their claims.
5 The Parties have agreed to bear their own attorney’s fees and costs.
Wherefore, the Fosters, Chase, and Freddie Mac request that the Court render a consent
judgment in favor of Chase and Freddie Mac and against the Fosters in accordance with the Parties’
stipulation, that the Fosters take nothing on their claims, and for such other and further relief to
which they may be justly entitled.
Respectfully submitted,
/s/ Joshua D. Gordon
Robert “Chip” Lane
Texas Bar No. 24046263
Joshua D. Gordon
Texas Bar No. 24091592
S. Alex Lick
State Bar No. 24107844
The Lane Law Firm, P.L.L.C.
6200 Savoy Drive, Suite 1150
Houston, Texas 77036
713-595-8200 Telephone
713-595-8201 Facsimile
notifications@lanelaw.com
joshua.gordon@lanelaw.com
alex.lick@lanelaw.com
ATTORNEY FOR PLAINTIFFS LISA
FOSTER AND FAGE FOSTER JR.
STIPULATION AND MOTION FOR ENTRY OF CONSENT JUDGMENT Page 2
/s/ Wm. Lance Lewis
Wm. Lance Lewis
Texas Bar No. 12314560
R. Kendall Yow
Texas Bar No. 24066806
Quilling, Selander, Lownds,
Winslett & Moser, P.C.
2001 Bryan Street, Suite 1800
Dallas, Texas 75201
214-880-1833 Telephone
214-871-2111 Facsimile
llewis@qslwm.com
kyow@qslwm.com
ATTORNEYS FOR DEFENDANTS
JPMORGAN CHASE BANK, N.A. AND
FEDERAL HOME LOAN MORTGAGE
CORPORATION
CERTIFICATE OF SERVICE
This is to certify that on December 2, 2021, a true and correct copy of the foregoing
document has been furnished to all parties in accordance with the Texas Rules of Civil Procedure.
Robert “Chip” Lane
Joshua D. Gordon
S. Alex Lick
The Lane Law Firm, PLLC
6200 Savoy Drive, Suite 1150
Houston, Texas 77036
/s/R. Kendall Yow
R. Kendall Yow
STIPULATION AND MOTION FOR ENTRY OF CONSENT JUDGMENT Page 3
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Ana Canson on behalf of Lance Lewis
Bar No. 12314560
acanson@qslwm.com
Envelope ID: 59642340
Status as of 12/2/2021 3:38 PM CST
Case Contacts
Name BarNumber | Email TimestampSubmitted Status
Wm. LanceLewis llewis@qslwm.com 12/2/2021 1:13:11 PM SENT
R. KendallYow kyow@qslwm.com 12/2/2021 1:13:11 PM SENT
Robert Chamless Lane | 24046263 notifications@lanelaw.com | 12/2/2021 1:13:11 PM SENT
Document Filed Date
December 02, 2021
Case Filing Date
February 24, 2021
Category
Contract - Other Contract
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
Filed 12/2/2021 1:13 PM Beverley McGrew Walker District Clerk Fort Bend County, Texas Amy Segura Case Number 21-DCV-281045 FAGE FOSTER, JR. AND LISA FOSTER, § IN THE DISTRICT COURT OF Plaintiffs, Vv. FORT BEND COUNTY, TEXAS JPMORGAN CHASE BANK, N.A. AND FEDERAL HOME LOAN MORTGAGE CORPORATION, Defendants. § 268TH JUDICIAL DISTRICT STIPULATION AND MOTION FOR ENTRY OF CONSENT JUDGMENT Plaintiffs Lisa Foster and Fage Foster Jr. (the Fosters or Plaintiffs) and defendants JPMorgan Chase Bank, N.A. (Chase) and Federal Home Loan Mortgage Corporation (Freddie Mac) (collectively, the Parties) file this Stipulation and Motion for Entry of Consent Judgment, and would respectfully show as follows: 1 The Parties have agreed that the Fosters should take nothing on their claims. 2. Chase and Freddie Mac asserted no claim in this suit. The Parties stipulate as follows: (a) The Texas Home Equity Note dated February 24, 2017 in the original principal amount of $96,800 signed by the Fosters (Note) and Texas Home Equity Security Instrument dated February 24, 2017 signed by the Fosters (Security Instrument) were originated in compliance with the Texas Constitution’s requirements and contractual terms such that all contractual and constitutional origination requirements were satisfied. (b) The Note, Security Instrument, and lien granted in the Security Instrument, including the power of sale and right to foreclose, are valid and enforceable and comply with the Texas Constitution and other applicable law. (c) Any purported breach of the Note or Security Instrument by Chase, Freddie Mac, TRU Mortgage, the lender, any mortgage servicer, or any holder of the Note was cured within the sixtieth day after the date the Fosters provided notice of the alleged breach to the lender or holder of the Note. STIPULATION AND MOTION FOR ENTRY OF CONSENT JUDGMENT Page 1 (d) Chase and Freddie Mac are entitled to a take nothing judgment on all claims the Fosters asserted in this suit. 4 The Parties request that the Court render a consent judgment in favor of Chase and Freddie Mac and against the Fosters in accordance with the Parties’ stipulation and that the Fosters take nothing on their claims. 5 The Parties have agreed to bear their own attorney’s fees and costs. Wherefore, the Fosters, Chase, and Freddie Mac request that the Court render a consent judgment in favor of Chase and Freddie Mac and against the Fosters in accordance with the Parties’ stipulation, that the Fosters take nothing on their claims, and for such other and further relief to which they may be justly entitled. Respectfully submitted, /s/ Joshua D. Gordon Robert “Chip” Lane Texas Bar No. 24046263 Joshua D. Gordon Texas Bar No. 24091592 S. Alex Lick State Bar No. 24107844 The Lane Law Firm, P.L.L.C. 6200 Savoy Drive, Suite 1150 Houston, Texas 77036 713-595-8200 Telephone 713-595-8201 Facsimile notifications@lanelaw.com joshua.gordon@lanelaw.com alex.lick@lanelaw.com ATTORNEY FOR PLAINTIFFS LISA FOSTER AND FAGE FOSTER JR. STIPULATION AND MOTION FOR ENTRY OF CONSENT JUDGMENT Page 2 /s/ Wm. Lance Lewis Wm. Lance Lewis Texas Bar No. 12314560 R. Kendall Yow Texas Bar No. 24066806 Quilling, Selander, Lownds, Winslett & Moser, P.C. 2001 Bryan Street, Suite 1800 Dallas, Texas 75201 214-880-1833 Telephone 214-871-2111 Facsimile llewis@qslwm.com kyow@qslwm.com ATTORNEYS FOR DEFENDANTS JPMORGAN CHASE BANK, N.A. AND FEDERAL HOME LOAN MORTGAGE CORPORATION CERTIFICATE OF SERVICE This is to certify that on December 2, 2021, a true and correct copy of the foregoing document has been furnished to all parties in accordance with the Texas Rules of Civil Procedure. Robert “Chip” Lane Joshua D. Gordon S. Alex Lick The Lane Law Firm, PLLC 6200 Savoy Drive, Suite 1150 Houston, Texas 77036 /s/R. Kendall Yow R. Kendall Yow STIPULATION AND MOTION FOR ENTRY OF CONSENT JUDGMENT Page 3 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Ana Canson on behalf of Lance Lewis Bar No. 12314560 acanson@qslwm.com Envelope ID: 59642340 Status as of 12/2/2021 3:38 PM CST Case Contacts Name BarNumber | Email TimestampSubmitted Status Wm. LanceLewis llewis@qslwm.com 12/2/2021 1:13:11 PM SENT R. KendallYow kyow@qslwm.com 12/2/2021 1:13:11 PM SENT Robert Chamless Lane | 24046263 notifications@lanelaw.com | 12/2/2021 1:13:11 PM SENT