Preview
Filed: 4/29/2022 5:53 PM
Envelope No. 64064197
CAUSE NO. 22-CV-0757
TIMOTHY L. BOURGEOIS and § IN THE DISTRICT COURT
GWEN A. BOURGEOIS, §
§
Plaintiffs, § OF GALVESTON COUNTY, TEXAS
§
v. §
§
SELECT PORTFOLIO SERVICING, INC., §
HUGHES, WATTERS & ASKANASE, L.L.P. §
and its agent, ANTHONY ADAN GARCIA, § GALVESTON COUNTY
§
§ 10TH DISTRICT COURT
Defendants. §
§
TEMPORARY RESTRAINING ORDER
On April ____________, 2022, the Application for a Temporary Restraining Order of,
Plaintiffs Timothy L Bourgeois and Gwen A. Bourgeois herein against Select Portfolio Servicing,
Inc., Hughes Watters, & Askanase, L.L. P., and Anthony Adan Garcia as substitute trustee was heard
before this court.
Based upon the pleadings, records, documents filed by counsel, and the arguments of counsel
at the hearing, IT CLEARLY APPEARS:
That unless Defendants, Select Portfolio Servicing, Inc., Hughes Watters, & Askanase, L.L.P.,
and Anthony Adan Garcia as substitute trustees are immediately restrained from selling the property at
a non-judicial foreclosure sale and dispossess the plaintiffs from the property and sell it to a bona fide
purchaser for value; that Select Portfolio Servicing, Inc., Hughes Watters, & Askanase, L.L.P., and
Anthony Adan Garcia as substitute trustee, will commit the foregoing before notice and a hearing on
Plaintiff’s Application for Temporary Injunction.
Plaintiff will suffer irreparable harm if Select Portfolio Servicing, Inc., Hughes Watters, &
Askanase, L.L.P., and Anthony Adan Garcia as substitute trustee are not restrained immediately
because injury in that property will sold to bona fide purchaser at the sale and the plaintiff has very
1
limited funds and cannot afford to try to re-gain possession of their home after the foreclosure, and the
non-judicial foreclosure would reek irreparable injury irrespective of other remedies at law during the
pendency of this lawsuit and there is no adequate remedy at law to grant Plaintiff complete, final and
equal relief.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Select Portfolio
Servicing, Inc., Hughes Watters, & Askanase, L.L.P., and Anthony Adan Garcia as substitute
trustee, Defendants herein, and all of Defendant's officers, agents, servants, employees, agents,
servants, successors and assigns, and attorneys are ORDERED to immediately cease and desist
from sell the property at a non-judicial foreclosure sale and dispossess the plaintiff from the
property from the date of entry of this order until fourteen (14) days thereafter, or until further
order of this Court.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Plaintiffs' Application
for Temporary Injunction be heard on _______________________ at .M in the 10th
District Court of Galveston County, Texas located at 600 59th St., Suite 4305, Galveston , TX 77551.
Defendants Select Portfolio Servicing, Inc., Hughes Watters, & Askanase, L.L.P., and Anthony Adan
Garcia as substitute trustee are commanded to appear at that time and show cause, if any exist, why a
temporary injunction should not be issued against said Defendant.
The clerk of the above-entitled court shall issue a temporary restraining order in conformity
with the law and the terms of this order upon the filing by Plaintiff of the bond hereinafter set.
This order shall not be effective until Plaintiffs deposit with the Clerk, a bond in the amount of
$______________ in conformity with the law.
SIGNED and ENTERED on ___________________________________, 2022 at .M.
________________________________________
PRESIDING JUDGE
2
APPROVED AS TO FORM:
By: /s/ James M. Andersen
James M. Andersen
Attorney for Plaintiffs
Timothy L. Bouorgeois and
Gwen A. Bourgeois
State Bar No. 01165850
P.O. Box 58554
Webster, Texas 77598-8554
Tel: (281) 488-2800
Fax: (281) 480-4851
3
Preview
Filed: 4/29/2022 5:53 PM Envelope No. 64064197 CAUSE NO. 22-CV-0757 TIMOTHY L. BOURGEOIS and § IN THE DISTRICT COURT GWEN A. BOURGEOIS, § § Plaintiffs, § OF GALVESTON COUNTY, TEXAS § v. § § SELECT PORTFOLIO SERVICING, INC., § HUGHES, WATTERS & ASKANASE, L.L.P. § and its agent, ANTHONY ADAN GARCIA, § GALVESTON COUNTY § § 10TH DISTRICT COURT Defendants. § § TEMPORARY RESTRAINING ORDER On April ____________, 2022, the Application for a Temporary Restraining Order of, Plaintiffs Timothy L Bourgeois and Gwen A. Bourgeois herein against Select Portfolio Servicing, Inc., Hughes Watters, & Askanase, L.L. P., and Anthony Adan Garcia as substitute trustee was heard before this court. Based upon the pleadings, records, documents filed by counsel, and the arguments of counsel at the hearing, IT CLEARLY APPEARS: That unless Defendants, Select Portfolio Servicing, Inc., Hughes Watters, & Askanase, L.L.P., and Anthony Adan Garcia as substitute trustees are immediately restrained from selling the property at a non-judicial foreclosure sale and dispossess the plaintiffs from the property and sell it to a bona fide purchaser for value; that Select Portfolio Servicing, Inc., Hughes Watters, & Askanase, L.L.P., and Anthony Adan Garcia as substitute trustee, will commit the foregoing before notice and a hearing on Plaintiff’s Application for Temporary Injunction. Plaintiff will suffer irreparable harm if Select Portfolio Servicing, Inc., Hughes Watters, & Askanase, L.L.P., and Anthony Adan Garcia as substitute trustee are not restrained immediately because injury in that property will sold to bona fide purchaser at the sale and the plaintiff has very 1 limited funds and cannot afford to try to re-gain possession of their home after the foreclosure, and the non-judicial foreclosure would reek irreparable injury irrespective of other remedies at law during the pendency of this lawsuit and there is no adequate remedy at law to grant Plaintiff complete, final and equal relief. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Select Portfolio Servicing, Inc., Hughes Watters, & Askanase, L.L.P., and Anthony Adan Garcia as substitute trustee, Defendants herein, and all of Defendant's officers, agents, servants, employees, agents, servants, successors and assigns, and attorneys are ORDERED to immediately cease and desist from sell the property at a non-judicial foreclosure sale and dispossess the plaintiff from the property from the date of entry of this order until fourteen (14) days thereafter, or until further order of this Court. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Plaintiffs' Application for Temporary Injunction be heard on _______________________ at .M in the 10th District Court of Galveston County, Texas located at 600 59th St., Suite 4305, Galveston , TX 77551. Defendants Select Portfolio Servicing, Inc., Hughes Watters, & Askanase, L.L.P., and Anthony Adan Garcia as substitute trustee are commanded to appear at that time and show cause, if any exist, why a temporary injunction should not be issued against said Defendant. The clerk of the above-entitled court shall issue a temporary restraining order in conformity with the law and the terms of this order upon the filing by Plaintiff of the bond hereinafter set. This order shall not be effective until Plaintiffs deposit with the Clerk, a bond in the amount of $______________ in conformity with the law. SIGNED and ENTERED on ___________________________________, 2022 at .M. ________________________________________ PRESIDING JUDGE 2 APPROVED AS TO FORM: By: /s/ James M. Andersen James M. Andersen Attorney for Plaintiffs Timothy L. Bouorgeois and Gwen A. Bourgeois State Bar No. 01165850 P.O. Box 58554 Webster, Texas 77598-8554 Tel: (281) 488-2800 Fax: (281) 480-4851 3