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. AND §
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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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MOTION FOR ENTRY OF CONSENT JUDGMENT
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Plaintiffs Michael Smith and Valarie Smith (Plaintiffs or the Smiths) and defendants
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JPMorgan Chase Bank, N.A. (JPMC) and Federal Bu
Home Loan Mortgage Corporation (Freddie
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Mac) file this Motion for Entry of Consent Judgment, and would respectfully show as follows:
ily
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1. The Smiths, JPMC, and Freddie Mac have agreed that the Smiths should take
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nothing on their claims.
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2. No defendant asserted any claim in this suit.
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3. The Smiths, JPMC, and Freddie Mac stipulate as follows:
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(a) The Texas Home Equity Note dated October 13, 2016 in the original principal amount
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op
of $108,000 bearing Valarie Smith’s signature (Note) and Texas Home Equity Security
C
ial
Instrument dated October 13, 2016 bearing the Smiths’ signatures (Security
fic
Instrument) (together, the Loan) were closed in compliance with the Texas
of
Un
Constitution’s requirements and contractual terms such that all contractual and
constitutional requirements were satisfied.
MOTION FOR ENTRY OF CONSENT JUDGMENT PAGE 1
(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 JPMC, Freddie Mac, the
k
ler
lender, or any holder of the Note was cured within the sixtieth day after the date the
tC
Smiths provided notice of the alleged breach.
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4. The Smiths, JPMC and Freddie Mac request the Court to render a consent judgment
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in favor of JPMC and Freddie Mac in accordance with the parties’ stipulation and that the Smiths
take nothing on their claims.
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5. The Smiths, JPMC, and Freddie Mac have agreed to bear their own attorney’s fees
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and costs.
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Wherefore, the Smiths, JPMC, and Freddie Mac request that the Court render a consent
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judgment in favor of JPMC and Freddie Mac in accordance with the parties’ stipulation, that the
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Smiths take nothing on their claims, and for such other and further relief to which they may be
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justly entitled.
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MOTION FOR ENTRY OF CONSENT JUDGMENT PAGE 2
Respectfully submitted,
/s/ Joshua D. Gordon (with permission)
Robert C. Lane
Texas Bar No. 24046263
Joshua D. Gordon
Texas Bar No. 24091592
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ler
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 SMITH AND VALARIE
n
SMITH
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/s/ Eric G. Carlson
Wm. Lance Lewis
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Texas Bar No. 12314560
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Eric G. Carlson
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Texas Bar No. 24100076
Quilling, Selander, Lownds,
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Winslett & Moser, P.C.
2001 Bryan Street, Suite 1800
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Dallas, Texas 75201
214-880-1833 Telephone
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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
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JPMORGAN CHASE BANK, N.A. AND
FEDERAL HOME LOAN MORTGAGE
CORPORATION
MOTION FOR ENTRY OF CONSENT JUDGMENT PAGE 3
CERTIFICATE OF SERVICE
This is to certify that on May 29, 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
Joshua D. Gordon
Alex Lick
k
ler
The Lane Law Firm, PLLC
6200 Savoy Drive, Suite 1150
tC
Houston, Texas 77036
/s/ Eric G. Carlson
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Eric G. Carlson
ist
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es
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Bu
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ily
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ial
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MOTION FOR ENTRY OF CONSENT JUDGMENT PAGE 4
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 k ler § JPMORGAN CHASE BANK, N.A. AND § tC FEDERAL HOME LOAN MORTGAGE § CORPORATION, § ric § ist Defendants. § 127TH JUDICIAL DISTRICT sD MOTION FOR ENTRY OF CONSENT JUDGMENT es Plaintiffs Michael Smith and Valarie Smith (Plaintiffs or the Smiths) and defendants rg JPMorgan Chase Bank, N.A. (JPMC) and Federal Bu Home Loan Mortgage Corporation (Freddie n Mac) file this Motion for Entry of Consent Judgment, and would respectfully show as follows: ily ar 1. The Smiths, JPMC, and Freddie Mac have agreed that the Smiths should take M nothing on their claims. of e 2. No defendant asserted any claim in this suit. ffic 3. The Smiths, JPMC, and Freddie Mac stipulate as follows: O (a) The Texas Home Equity Note dated October 13, 2016 in the original principal amount y op of $108,000 bearing Valarie Smith’s signature (Note) and Texas Home Equity Security C ial Instrument dated October 13, 2016 bearing the Smiths’ signatures (Security fic Instrument) (together, the Loan) were closed in compliance with the Texas of Un Constitution’s requirements and contractual terms such that all contractual and constitutional requirements were satisfied. MOTION FOR ENTRY OF CONSENT JUDGMENT PAGE 1 (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 JPMC, Freddie Mac, the k ler lender, or any holder of the Note was cured within the sixtieth day after the date the tC Smiths provided notice of the alleged breach. ric 4. The Smiths, JPMC and Freddie Mac request the Court to render a consent judgment ist sD in favor of JPMC and Freddie Mac in accordance with the parties’ stipulation and that the Smiths take nothing on their claims. es rg 5. The Smiths, JPMC, and Freddie Mac have agreed to bear their own attorney’s fees Bu and costs. n ily Wherefore, the Smiths, JPMC, and Freddie Mac request that the Court render a consent ar M judgment in favor of JPMC and Freddie Mac in accordance with the parties’ stipulation, that the of Smiths take nothing on their claims, and for such other and further relief to which they may be e ffic justly entitled. yO op C ial fic of Un MOTION FOR ENTRY OF CONSENT JUDGMENT PAGE 2 Respectfully submitted, /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 Bu ATTORNEYS FOR PLAINTIFFS MICHAEL SMITH AND VALARIE n SMITH ily ar M /s/ Eric G. Carlson Wm. Lance Lewis of Texas Bar No. 12314560 e Eric G. Carlson ffic Texas Bar No. 24100076 Quilling, Selander, Lownds, O Winslett & Moser, P.C. 2001 Bryan Street, Suite 1800 y op Dallas, Texas 75201 214-880-1833 Telephone C 214-871-2111 Facsimile ial llewis@qslwm.com fic ecarlson@qslwm.com of ATTORNEYS FOR DEFENDANTS Un JPMORGAN CHASE BANK, N.A. AND FEDERAL HOME LOAN MORTGAGE CORPORATION MOTION FOR ENTRY OF CONSENT JUDGMENT PAGE 3 CERTIFICATE OF SERVICE This is to certify that on May 29, 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 Joshua D. Gordon Alex Lick k ler The Lane Law Firm, PLLC 6200 Savoy Drive, Suite 1150 tC Houston, Texas 77036 /s/ Eric G. Carlson ric Eric G. Carlson 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