On December 23, 2019 a
Proposed Consent Judgment
was filed
involving a dispute between
Smith, Valarie,
Smith, Michael,
and
Federal Home Loan Mortgage Corporation,
Jpmorgan Chase Bank N A,
for SWORN ACCOUNT
in the District Court of Harris County.
Preview
5/29/2020 9:41 AM
Marilyn Burgess - District Clerk Harris County
Envelope No. 43319533
By: CAROL WILLIAMS
Filed: 5/29/2020 9:41 AM
CAUSE NO. 2019-89806
MICHAEL SMITH AND VALARIE § IN THE DISTRICT COURT OF
SMITH, §
§
Plaintiffs, §
§
v. § HARRIS COUNTY, TEXAS
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ler
§
JPMORGAN CHASE BANK, N.A. §
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FEDERAL HOME LOAN MORTGAGE §
CORPORATION §
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§
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Defendants. § 127TH JUDICIAL DISTRICT
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CONSENT JUDGMENT
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The Court, having considered the agreed motion before it signed by counsel for plaintiffs
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Michael Smith and Valarie Smith (the Smiths or Plaintiffs) and defendants JPMorgan Chase Bank,
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N.A. (JPMC) and Federal Home Loan Mortgage Corporation (Freddie Mac) (together, the
ily
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Defendants), is of the opinion that the relief requested should be granted.
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It is therefore ORDERED, ADJUDGED, and DECREED as follows:
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(1) The Texas Home Equity Note dated October 13, 2016 in the original principal amount
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of $108,000 bearing the Valarie Smith’s signature (Note) and Texas Home Equity
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Security Instrument dated October 13, 2016 bearing the Smiths’ signatures (Security
y
op
Instrument) (together, the Loan) were closed in compliance with the Texas
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ial
Constitution’s requirements and contractual terms such that all contractual and
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constitutional requirements were satisfied.
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(2) 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.
CONSENT JUDGMENT PAGE 1
(3) Any purported breach of the Note or Security Instrument by JPMC, Freddie Mac, the
lender, or any holder of the Note was cured within the sixtieth day after the date the
Smiths provided notice of the alleged breach.
(4) JPMC and Freddie Mac are granted a take nothing judgment on all claims asserted by
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ler
the Smiths in this suit.
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Each party shall bear its, his, or her own attorney’s fees and costs. All relief not expressly granted
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is hereby denied. This is a final judgment that disposes of all parties and claims.
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Signed _____________________, 2020.
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___________________________________
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JUDGE PRESIDING
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CONSENT JUDGMENT PAGE 2
Agreed:
/s/ Joshua D. Gordon (with permission)
Robert C. Lane
Texas Bar No. 24046263
Joshua D. Gordon
Texas Bar No. 24091592
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S. Alex Lick
Texas Bar No. 24107844
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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
joshua.gordon@lanelaw.com
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alex.lick@lanelaw.com
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ATTORNEYS FOR PLAINTIFFS MICHAEL Bu
SMITH AND VALARIE SMITH
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/s/ Eric G. Carlson
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Wm. Lance Lewis
Texas Bar No. 12314560
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Eric G. Carlson
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Texas Bar No. 24100076
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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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ecarlson@qslwm.com
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ATTORNEYS FOR DEFENDANTS JPMORGAN
of
CHASE BANK, N.A. AND FEDERAL HOME
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LOAN MORTGAGE CORPORATION
CONSENT JUDGMENT PAGE 3
Document Filed Date
May 29, 2020
Case Filing Date
December 23, 2019
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5/29/2020 9:41 AM Marilyn Burgess - District Clerk Harris County Envelope No. 43319533 By: CAROL WILLIAMS Filed: 5/29/2020 9:41 AM CAUSE NO. 2019-89806 MICHAEL SMITH AND VALARIE § IN THE DISTRICT COURT OF SMITH, § § Plaintiffs, § § v. § HARRIS COUNTY, TEXAS k ler § JPMORGAN CHASE BANK, N.A. § tC FEDERAL HOME LOAN MORTGAGE § CORPORATION § ric § ist Defendants. § 127TH JUDICIAL DISTRICT sD CONSENT JUDGMENT es The Court, having considered the agreed motion before it signed by counsel for plaintiffs rg Bu Michael Smith and Valarie Smith (the Smiths or Plaintiffs) and defendants JPMorgan Chase Bank, n N.A. (JPMC) and Federal Home Loan Mortgage Corporation (Freddie Mac) (together, the ily ar Defendants), is of the opinion that the relief requested should be granted. M It is therefore ORDERED, ADJUDGED, and DECREED as follows: of e (1) The Texas Home Equity Note dated October 13, 2016 in the original principal amount ffic of $108,000 bearing the Valarie Smith’s signature (Note) and Texas Home Equity O Security Instrument dated October 13, 2016 bearing the Smiths’ signatures (Security y op Instrument) (together, the Loan) were closed in compliance with the Texas C ial Constitution’s requirements and contractual terms such that all contractual and fic constitutional requirements were satisfied. of Un (2) 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. CONSENT JUDGMENT PAGE 1 (3) Any purported breach of the Note or Security Instrument by JPMC, Freddie Mac, the lender, or any holder of the Note was cured within the sixtieth day after the date the Smiths provided notice of the alleged breach. (4) JPMC and Freddie Mac are granted a take nothing judgment on all claims asserted by k ler the Smiths in this suit. tC Each party shall bear its, his, or her own attorney’s fees and costs. All relief not expressly granted ric is hereby denied. This is a final judgment that disposes of all parties and claims. ist sD Signed _____________________, 2020. es ___________________________________ rg JUDGE PRESIDING Bu n ily ar M of e ffic yO op C ial fic of Un CONSENT JUDGMENT PAGE 2 Agreed: /s/ Joshua D. Gordon (with permission) Robert C. Lane Texas Bar No. 24046263 Joshua D. Gordon Texas Bar No. 24091592 k ler S. Alex Lick Texas Bar No. 24107844 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 joshua.gordon@lanelaw.com es alex.lick@lanelaw.com rg ATTORNEYS FOR PLAINTIFFS MICHAEL Bu SMITH AND VALARIE SMITH n ily ar /s/ Eric G. Carlson M Wm. Lance Lewis Texas Bar No. 12314560 of Eric G. Carlson e Texas Bar No. 24100076 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 ecarlson@qslwm.com fic ATTORNEYS FOR DEFENDANTS JPMORGAN of CHASE BANK, N.A. AND FEDERAL HOME Un LOAN MORTGAGE CORPORATION CONSENT JUDGMENT PAGE 3