On February 13, 2020 a
Motion for Entry of Consent Judgment
was filed
involving a dispute between
Espina, Tomas Lubos,
and
Federal Home Loan Mortgage Corporation,
for Debt/Contract - Debt/Contract
in the District Court of Harris County.
Preview
3/20/2020 8:54 AM
Marilyn Burgess - District Clerk Harris County
Envelope No. 41810523
By: Bristalyn Daniels
Filed: 3/20/2020 8:54 AM
Cause No. 2020-10125
TOMAS LUBOS ESPINA, § IN THE DISTRICT COURT
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Plaintiff, §
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v. § 165TH JUDICIAL DISTRICT
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FEDERAL HOME LOAN MORTGAGE §
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CORPORATION, §
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Defendant. § HARRIS COUNTY, TEXAS
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MOTION FOR ENTRY OF CONSENT JUDGMENT
Plaintiff Tomas Lubos Espina (Plaintiff or Espina)
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and defendant Federal Home Loan
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Mortgage Corporation (Freddie Mac) file this Motion for Entry of Consent Judgment, and would
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respectfully show as follows:
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1. Espina and Freddie Mac have agreed that Espina should take nothing on his claims.
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2. Freddie Mac asserted no claim in this suit.
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3. Espina and Freddie Mac stipulate as follows:
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(a) The Texas Home Equity Note dated March 20, 2015 in the original principal amount
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of $208,500 bearing Espina’s signature (Note) and Texas Home Equity Security
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Instrument dated March 20, 2015 bearing Espina’s signature (Security Instrument)
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(together, the Loan) were closed in compliance with the Texas Constitution’s
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requirements and contractual terms such that all contractual and constitutional
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requirements were satisfied.
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(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.
MOTION FOR ENTRY OF CONSENT JUDGMENT Page 1
(c) Any purported breach of the Note or Security Instrument by Chase, Freddie Mac,
LoanDepot.com, LLC, the lender, or any holder of the Note was cured within the
sixtieth day after the date Espina provided notice of the alleged breach to the lender or
holder of the Note.
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4. Espina and Freddie Mac request the Court to render a consent judgment in favor of
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Freddie Mac in accordance with the parties’ stipulation and that Espina take nothing on his claims.
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5. Espina and Freddie Mac have agreed to bear their own attorney’s fees and costs.
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Wherefore, Espina and Freddie Mac request that the Court render a consent judgment in
favor of Freddie Mac in accordance with the parties’ stipulation, that Espina take nothing on his
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claims, and for such other and further relief to which they may be justly entitled.
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MOTION FOR ENTRY OF CONSENT JUDGMENT Page 2
Respectfully submitted,
/s/ Joshua D. Gordon
Robert C. Lane
Texas Bar No. 24046263
Tyler L. Basham
Texas Bar No. 24100902
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Joshua D. Gordon
Texas Bar No. 24091592
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The Lane Law Firm, PLLC
6200 Savoy Drive, Suite 1150
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Houston, Texas 77036
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Telephone: 713-595-8200
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Facsimile: 713-595-8201
chip.lane@lanelaw.com
tyler.basham@lanelaw.com
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joshua.gordon@lanelaw.com
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ATTORNEYS FOR PLAINTIFF TOMAS
LUBOS ESPINA
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/s/ R. Kendall Yow
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Wm. Lance Lewis
Texas Bar No. 12314560
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R. Kendall Yow
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Texas Bar No. 24066806
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Quilling, Selander, Lownds,
Winslett & Moser, P.C.
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2001 Bryan Street, Suite 1800
Dallas, Texas 75201
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214-880-1833 Telephone
214-871-2111 Facsimile
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llewis@qslwm.com
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ATTORNEYS FOR DEFENDANT
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FEDERAL HOME LOAN MORTGAGE
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CORPORATION
MOTION FOR ENTRY OF CONSENT JUDGMENT Page 3
CERTIFICATE OF SERVICE
This is to certify that on March 20, 2020, a true and correct copy of the foregoing document
has been furnished to all counsel of record in accordance with the Texas Rules of Civil Procedure.
Robert “Chip” Lane
Tyler L. Basham
Joshua D. Gordon
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The Lane Law Firm, PLLC
6200 Savoy Drive, Suite 1150
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Houston, Texas 77036
/s/ R. Kendall Yow
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R. Kendall Yow
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MOTION FOR ENTRY OF CONSENT JUDGMENT Page 4
Document Filed Date
March 20, 2020
Case Filing Date
February 13, 2020
Category
Debt/Contract - Debt/Contract
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