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  • ESPINA, TOMAS LUBOS vs. FEDERAL HOME LOAN MORTGAGE CORPORATION Debt/Contract - Debt/Contract document preview
  • ESPINA, TOMAS LUBOS vs. FEDERAL HOME LOAN MORTGAGE CORPORATION Debt/Contract - Debt/Contract document preview
  • ESPINA, TOMAS LUBOS vs. FEDERAL HOME LOAN MORTGAGE CORPORATION Debt/Contract - Debt/Contract document preview
  • ESPINA, TOMAS LUBOS vs. FEDERAL HOME LOAN MORTGAGE CORPORATION Debt/Contract - Debt/Contract document preview
						
                                

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 § Plaintiff, § § § v. § 165TH JUDICIAL DISTRICT k ler § FEDERAL HOME LOAN MORTGAGE § tC CORPORATION, § § ric Defendant. § HARRIS COUNTY, TEXAS ist sD MOTION FOR ENTRY OF CONSENT JUDGMENT Plaintiff Tomas Lubos Espina (Plaintiff or Espina) es and defendant Federal Home Loan rg Mortgage Corporation (Freddie Mac) file this Motion for Entry of Consent Judgment, and would Bu respectfully show as follows: n ily 1. Espina and Freddie Mac have agreed that Espina should take nothing on his claims. ar M 2. Freddie Mac asserted no claim in this suit. of 3. Espina and Freddie Mac stipulate as follows: e ffic (a) The Texas Home Equity Note dated March 20, 2015 in the original principal amount O of $208,500 bearing Espina’s signature (Note) and Texas Home Equity Security y op Instrument dated March 20, 2015 bearing Espina’s signature (Security Instrument) C (together, the Loan) were closed in compliance with the Texas Constitution’s ial fic requirements and contractual terms such that all contractual and constitutional of requirements were satisfied. Un (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. k ler 4. Espina and Freddie Mac request the Court to render a consent judgment in favor of tC Freddie Mac in accordance with the parties’ stipulation and that Espina take nothing on his claims. ric 5. Espina and Freddie Mac have agreed to bear their own attorney’s fees and costs. ist sD 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 es rg claims, and for such other and further relief to which they may be justly entitled. Bu n ily ar M of e ffic yO op C ial fic of Un 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 k ler Joshua D. Gordon Texas Bar No. 24091592 tC The Lane Law Firm, PLLC 6200 Savoy Drive, Suite 1150 ric Houston, Texas 77036 ist Telephone: 713-595-8200 sD Facsimile: 713-595-8201 chip.lane@lanelaw.com tyler.basham@lanelaw.com es joshua.gordon@lanelaw.com rg Bu ATTORNEYS FOR PLAINTIFF TOMAS LUBOS ESPINA n ily ar /s/ R. Kendall Yow M Wm. Lance Lewis Texas Bar No. 12314560 of R. Kendall Yow e Texas Bar No. 24066806 ffic Quilling, Selander, Lownds, Winslett & Moser, P.C. O 2001 Bryan Street, Suite 1800 Dallas, Texas 75201 y op 214-880-1833 Telephone 214-871-2111 Facsimile C llewis@qslwm.com ial kyow@qslwm.com fic ATTORNEYS FOR DEFENDANT of FEDERAL HOME LOAN MORTGAGE Un 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 k ler The Lane Law Firm, PLLC 6200 Savoy Drive, Suite 1150 tC Houston, Texas 77036 /s/ R. Kendall Yow ric R. Kendall Yow ist sD es rg Bu n ily ar M of e ffic yO op C ial fic of Un MOTION FOR ENTRY OF CONSENT JUDGMENT Page 4