Nancy Alanis v. U.S Bank National Association, as Successor Trustee to Bank of America, National Assocation, as Successor by Merger to Lasalle Bank, M.A., as Trustee for the MLMI Trust Series 2006-He6, Nationstar Mortgage, LLC D/B/A Mr. Cooper

Court of Appeals of Texas

Nancy Alanis v. U.S Bank National Association, as Successor Trustee to Bank of America, National Assocation, as Successor by Merger to Lasalle Bank, M.A., as Trustee for the MLMI Trust Series 2006-He6, Nationstar Mortgage, LLC D/B/A Mr. Cooper

DecidedFebruary 3, 2021

Docket04-21-00021-CV

StatusPublished

This text of Nancy Alanis v. U.S Bank National Association, as Successor Trustee to Bank of America, National Assocation, as Successor by Merger to Lasalle Bank, M.A., as Trustee for the MLMI Trust Series 2006-He6, Nationstar Mortgage, LLC D/B/A Mr. Cooper (Nancy Alanis v. U.S Bank National Association, as Successor Trustee to Bank of America, National Assocation, as Successor by Merger to Lasalle Bank, M.A., as Trustee for the MLMI Trust Series 2006-He6, Nationstar Mortgage, LLC D/B/A Mr. Cooper) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Nancy Alanis v. U.S Bank National Association, as Successor Trustee to Bank of America, National Assocation, as Successor by Merger to Lasalle Bank, M.A., as Trustee for the MLMI Trust Series 2006-He6, Nationstar Mortgage, LLC D/B/A Mr. Cooper, (Tex. Ct. App. 2021).

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Opinion

Fourth Court of Appeals San Antonio, Texas February 3, 2021

No. 04-21-00021-CV

Nancy ALANIS, Appellant

v.

U.S BANK NATIONAL ASSOCIATION, as successor trustee to Bank of America, National Assocation, as successor by Merger to Lasalle Bank, M.A., as trustee for the MLMI Trust Series 2006-He6, Nationstar Mortgage, LLC d/b/a Mr. Cooper, Appellees

From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 2020-CI-01238 Honorable Donna S. Rayes, Judge Presiding

ORDER

On January 19, 2021, appellant filed her notice of appeal. On February 2, 2021, Ms. Amy Hinds, the court reporter responsible for preparing the reporter’s record in this appeal filed a notice with this court, stating appellant has failed (1) to request in writing that she prepare the reporter’s record and (2) to pay or make arrangements to pay the fee for preparing the reporter’s record. See Tex. R. App. P. 34.6(b)(1) (explaining that the request to the court reporter must designate the exhibits and the portions of the proceedings to be included in the reporter’s record); id. 35.3(b) (court reporter is responsible for preparing and filing the reporter’s record if (1) notice of appeal has been filed, (2) appellant has requested the reporter’s record be prepared, and (3) appellant has paid the fee for preparation of the record, has made arrangements to pay the fee, or is entitled to appeal without paying the fee).

Appellant is ORDERED to file written proof to this court no later than February 15, 2021 that she has requested the official court reporter to prepare the reporter’s report in compliance with Texas Rule of Appellate Procedure 34.6 and has filed a copy of the request with the trial court clerk. See TEX. R. APP. P. 34.6(b)(2).

We further ORDER appellant to provide written proof to this court no later than February 15, 2021 that either (1) the reporter’s fee has been paid or arrangements have been made to pay the reporter’s fee; or (2) appellant is entitled to appeal without paying the reporter’s fee. If appellant fails to respond within the time provided, this court will only consider those issues or points raised in appellant’s brief that do not require a reporter’s record for a decision. See Tex. R. App. P. 37.3(c).

_________________________________ Lori I. Valenzuela, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 3rd day of February, 2021.

___________________________________ MICHAEL A. CRUZ, Clerk of Court

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Fourth Court of Appeals San Antonio, Texas February 3, 2021

No. 04-21-00021-CV

Nancy ALANIS, Appellant

v.

U.S BANK NATIONAL ASSOCIATION, as successor trustee to Bank of America, National Assocation, as successor by Merger to Lasalle Bank, M.A., as trustee for the MLMI Trust Series 2006-He6, Nationstar Mortgage, LLC d/b/a Mr. Cooper, Appellees

From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 2020-CI-01238 Honorable Donna S. Rayes, Judge Presiding

ORDER

On January 19, 2021, appellant filed her notice of appeal. On February 2, 2021, Ms. Amy Hinds, the court reporter responsible for preparing the reporter’s record in this appeal filed a notice with this court, stating appellant has failed (1) to request in writing that she prepare the reporter’s record and (2) to pay or make arrangements to pay the fee for preparing the reporter’s record. See Tex. R. App. P. 34.6(b)(1) (explaining that the request to the court reporter must designate the exhibits and the portions of the proceedings to be included in the reporter’s record); id. 35.3(b) (court reporter is responsible for preparing and filing the reporter’s record if (1) notice of appeal has been filed, (2) appellant has requested the reporter’s record be prepared, and (3) appellant has paid the fee for preparation of the record, has made arrangements to pay the fee, or is entitled to appeal without paying the fee).

Appellant is ORDERED to file written proof to this court no later than February 15, 2021 that she has requested the official court reporter to prepare the reporter’s report in compliance with Texas Rule of Appellate Procedure 34.6 and has filed a copy of the request with the trial court clerk. See TEX. R. APP. P. 34.6(b)(2).

We further ORDER appellant to provide written proof to this court no later than February 15, 2021 that either (1) the reporter’s fee has been paid or arrangements have been made to pay the reporter’s fee; or (2) appellant is entitled to appeal without paying the reporter’s fee. If appellant fails to respond within the time provided, this court will only consider those issues or points raised in appellant’s brief that do not require a reporter’s record for a decision. See Tex. R. App. P. 37.3(c).

_________________________________ Lori I. Valenzuela, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 3rd day of February, 2021.

___________________________________ MICHAEL A. CRUZ, Clerk of Court

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Nancy Alanis v. U.S Bank National Association, as Successor Trustee to Bank of America, National Assocation, as Successor by Merger to Lasalle Bank, M.A., as Trustee for the MLMI Trust Series 2006-He6, Nationstar Mortgage, LLC D/B/A Mr. Cooper, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nancy-alanis-v-us-bank-national-association-as-successor-trustee-to-bank-texapp-2021.