04-15-00663-CV
IN THE
FOURTH COURT OF APPEALS DISTRIST
AT SAN ANTONIO, TEXAS
THERESA FAYE JERRY
V.
DEUTSCHE BANK NATIONAL TRUST COMPANY and ROBERT VALDESPINO as TRUSTEE, Et al.
BRIEF OF APPELLANT,
Appeal from the 37**^ Judicial District Courtof BexarCounty, Texas Trial Court No. 2014-CI-05864
Honorable Antonia Arteaga, Judge Presiding
Argument
Issues Presented
Issue 1: Is it indeed appropriate that the act's which gave rise to the suit presented, that occurred in BexarCounty, and the homestead property at 9930 Spruce Ridge Dr. Converse, Texas 78109, Lot23, Block 5, CamelotSubdivision, Unit 63, Bexar County Texas, according to Plat thereof recorded in Volume 9400, pages221-222, Deed and Plat Records of BexarCounty, the subject matter of this suit which is also in Bexar County establishes diis venue [28 USC 1391 (b)(C)] and Jurisdiction as proper in reference to this Appeal? Issue 2: Is it lawful/legal that a Motion for Summary Judgment be granted for Traditional and No-Evidence when indeed there is evidence to dispute all allegations presented by Appellees in their motion. Alternatively, the evidence which should have been submitted by previous counsel that should have been on file was perhaps withdrawn, lost in records, or deliberately withheld from records. That leaves this Appellant with the question, what are the ramifications behind withholding, withdrawing, or losing evidence which is relevant/crucial to a case (use 18 § 2071)? Primary example: Your Honor, you state in your decision that the Clerk's Record contains no order on a motion for summary judgment, when clearly the Appellant was sent a copy of order granting a motion for summary Judgment to Deutsche Bank (see Exhibit A).
Issue 3: Is it lawful/legal for an Appellee to receive immunity for a harm or damage inflicted against another, intentionally or unintentionally that caused the resultant foreclosure on Appellant's Property with fraudulent documents? It is a concurrent occurrence where the Appellees', who are now referring to themselves as the Trustee, would switch from one trustee to another in an attempt to keep others off balance to their true intentions, and in the end depriving individuals of their rights (USC 42 § 1983, [Exhibits B &C]). This is like playing Russian roulette with an individual's livelihood, and the deception is hard to decipher. Alternatively, does this not cloud a Title that is voided by these fraudulent documents?
Issue 4: Is it not the fiduciary duty of the Appellees/Defendants, attorneys included, to be subject to the duties imposed by the common law, the duties imposed by the Texas Trust Code, and the duties imposed by the instrument creating the Trust Tex. Trust Code Ann. § 113.051 (Vernon 1984). Even an unintentional violation can result in serious sanctions.
The Trustee shall administer the trust according to its terms and in the absence of anv contrary terms in the trust instrument or contrarv provisions of this subtitle, in administering the trust the trustee shall perform all of the duties imposed bv trustees by the common law. Tex. Trust Code Ann. S 113.051 (Vernon 1984). The fundamental duties of a trustee include the use of the skill and prudence which an ordinary capable and careful person will use in the conduct of his own affairs. InterFirst Bank Dallas, N.A. vs. Risser, 739 S.W.2d 882, 888 (Tex. Civ. App. Texarkana 1987, no writ), citing Tucker vs. Dougherty Roofing Company, 137S.W.2d 884(Tex. Civ. App. Dallas 1940, writ dism'd Judgment cor.); Bogert &Bogert, The Law of Trusts and Trustees §12 (2"'' Edition 1985) § 541; Scott, supra, § 174; Restatement (Second) ofTrusts, supra, § 174. Why would individual plaintiffs be compelled to perform under any civil action set forth, but the defendants are not held to the same standard? Issue 5: The fact that all evidence was readily available on and/or before June 19, 2014 and prior to an order granting Appellant's counsel's motion for withdrawal on September 19, 2014, why was said evidence not presented into the Clerk's Records, and if presented how where they lost or withdrawn (USC 18 § 2071)? Was it not Appellant's previous counsel's duty to protect her against unreasonable risk of injury, and would not this duty become a breach if indeed previous counsel did not submit into evidence the materials which prove the facts in Appellant's case prior to withdrawal from Appellant's case? Would his actions in this case be grounds for neglect? Ifso, would this not be causation according to (USC 42 §1986)?
Issue 6: Isn't it factual that "Every Cause of Action Has to Evidence a Tangible Injury." Alternatively, this Appellant has been injured by the actions of these corporate entities, but where is their corpus delecti.
Honorable Luz Elena D. Chapa, this Appellant is not accustomed to violating the law, but it appears that the system which has failed this Appellant is accustomed to not abiding to all the laws that itsets forth. How is itpossible that partofthe law can be taken, but not all the law in its totality, by all parties involved? This Appellant has spent more than $65,000.00 in mortgage payments on a note that started out at $88,650.00, over$4,000.00 in attorneys' fees on bias and incompetent legal representation/services, and an undetermined amount on obtaining and copying official documents for evidence to prove the statements which Appellant attested to in her lawsuit. Statement of the Case
This appeal isfrom a summary judgment made after a District Court judgment. The summary judgment granted a Motion for Summary Judgment against the Plaintiff/Appellant, based on a Traditional and No-Evidence Motion which was not an accurate assumption ofthe true facts of the case, and it deprives Appellant the rights to a fair hearing and trial on the proceedings of this mortgagefiasco. At the time Citibankand its affiliates (Residential Real Estate IMortgages), Et al. was handling Appellant's mortgage, November 1, 2007 to February 2009 respectively, they were being investigated by the Office of Comptroller of Currency for unsafe and unsound/fraudulent business practices, which consisted of but not limited to:
(a) filed or caused to be filed in Stateand Federal Courts affidavits executed by Its employees or employees of third-party service providers that assertions made in affidavits were made based on personal knowledge or based on a review of the books and records, when in many cases they were not based on such knowledge and/or review of the relevant books and records;
(b) filed or caused to be filed in State and Federal Courts, and/or in local lands records offices, numerous affidavits or other mortgage-related documents that were not properly notarized, including those not signed or affirmed in the presence of a notary;
(c) litigated foreclosure proceedings and initiated non-judicial foreclosure proceedings without ensuring that either the promissory note or the mortgage document were properly endorsed or signed and in the possession of the appropriate party at the appropriate time. These repetitive violations continue to have concurrent occurrences, which these entities have committed even after being involved in lawsuits and consent judgements.
U.S. Department of Treasury Comptroller of Currency, In The Matter of Citibank, N.A. [OCC No. AA-EC-11-13]; U.S. Department of Treasury Comptroller of Currency, In The Matter of MERSCORP, Inc. and the Mortgage Electronic Registration System, Inc. (whose affiliations are with Deutsche Bank National Trust, and J R. Morgan), [OCC No. AA-EC-11-20 (April 13, 2011)]; U.S.Securities and Exchange Commission v. Citigroup Global Markets Inc., [11 Civ. 7387 (JSR, November 28, 2011)]; The State of Texas v. American Home Mortgage Servicing Inc., 448^ Judicial District, 2010-3307, District Court of El Paso, Texas; and Consumer Financial Protection Bureau, Et al., v. Ocwen Financial Corporation, and Ocwen Loan Servicing, LLC., [13-CV-2025 (RMC) May 15, 2014)]. Ocwen and its affiliates, (American Home Mortgage Servicing Inc./Homeward Residential Holdings) participated in a Consent Judgment under Ocwen National Servicing Settlement which included Texas and forty-nine other states on February 26, 2014. The Appellant's concem here is that approximately nineteen days prior totheir consent ofthis agreement; Appellant's home was foreclosed on due to the direct actions ofthe above parties. Coincidence, Appellant cares to differ. It is clearly apparent that there has been a pattern in this deception and fraud placed forward. Please explain to this Appellant how her claims are addressed as frivolous and dismissed, when in fact she holds all the knowledgably/absolute facts concerning this case. Appellees allege thatAppellant breach the contract when in fact theAppellees and their designated officials breached the contract.
On February 11, 2009 Citi Residential filed in the Bexar County Courthouse records a Corporate Assignment of Deed ofTrust and immediately thereafter on February 23, 2009 had Appellant's mortgage transferred to American Home Mortgage Servicing Inc. with false stipulation on the amount ofAppellant's monthly mortgage payments and a different mortgage loan number. Below you will find a detailed affidavit of the facts conceming Appellant's mortgage from June 2006 through October 2015.
October 1,2015
Affidavit of Detailed Facts Concerning Mortgage
Dates Situations June 22,2006 Brought home on fixed-rate from Argent with Lawrence Yoimg as Trustee. June 26,2006 Received letter from AMC mortgage services with a welcome letter and requesting that my payments be redirected to them starting August 1,2006. August 1,2006 Cut-off date for Pooling and Servicing Agreement Series 2006 Class M2 Certificates. Unknown to homeowner at time of occurrence. August 17,2006 Argent soldSeries 2006 M2 Certificates to J.P. Morgan Securities Inc, (Underwriter's Agreement). Unknown to homeowner at time of occurrence. August 29,2006 A Series of certificates entitled Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2006-M2 were issued pursuant to thePooling and Servicing Agreement dated as of August 1,2006. Unknown to homeowner at time of occurrence. October 31,2007 1 received a letter from Citi Residential Lending stating theyhad sentme a welcome package and notification of servicing transfer, which I had not received. This letter also discussed an inadvertent data processing error of their system. November 2007_l" Week Received a letter from Citi Residential Lending, dated October 4,2007 ofNotice of Intention to Foreclose. After the back and forth conversations with several different staff members at Citi and informing them of monies paid to AMC, 1Was instructed to hold my payments while they worked on a modification for my home. November 7,2007 Property tax deferment granted by Bexar County and Judson Independent School District, for the Propertv at 9930 SpruceRidge. December 29,2007 I paid a $500.00 difference that was requested by Citi Residential Lending. January 2008 1 received a letter fix)m Citi Residential Lending with a forbearance plan agreement by Sara Kaplan stating a default amount in the sum of $2,660.09 for October 1,2007 through January 31,2008. This amount was in error because I had already paid over $2,191.49 between those specified dates. June 24,2008 I received a letter from Citi Residential dated June 17,2008 stating Notice of Intention to Foreclose for breach in Note and Security Instrument. June 25,2008 Called Citi Residential, spoke with Shantell who only gave me information to bring my house current, which was not an accurate figure. September 23,2008 I received a letter from Citi Residential dated September 17,2008 for Notice ofIntention to Foreclose. October 2008 Due to Citi Residential Lending constant threats of foreclosure and their total disregard of the deferment on the property taxes at 9930 Spruce Ridge Dr., I sort to obtain a loan modification to abate the duress that I was being subjected too. November 17,2008 I received a letter from Citi Residential dated November 11,2008 denying my request for a loan modification. November 20,2008 I received a letter from Citi Residential dated November 14,2008 for Notice of Intention to Foreclose. December 30,2008 I received another letter from Citi Residential dated December 22,2008 for Notice of Intention to foreclose, and they attempted to increase my monthly mortgage payments to $1,301.12. February 2009 I receiveda monthly billingstatementfrom American Home Mortgage Servicing Inc. dated February 23,2009, with a newloan number of 4001337056 and a monthly mortgage payment of $1,332.17. It also had a balance owed of $9,660.54. The dispute about my monthly payments and balance went on for months. April 2009 Due to the constant duress that now American Home Mortgage Servicing Inc. (AHMSI) was subjecting me to because ofthe constant opposition of my monthly payments and what is owed; I again requested a loan modification. May 2009 American Home Mortgage Servicing Inc. sent me a letter dated May 18,2009 denying me a loan modification. August 29,2009 I signed for a letter from AHMSI stating that I was in default for non-payment since January 2009, which is not accurate because they were sent a payment of $706.93 each and every month in accordance with my original mortgage documents. October 9,2009 I received a letter from AHMSI, dated September 28,2009 stating that I am not eligible for the Home Affordable Modification Program (HAMP). November 13,2009 I signed for a letter from Attorneys for AHMSI dated November 9,2009 stating I was in default. Being tired of the constant harassment, I finally told them to produce the original note and if they could not, then please stop harassingme because it was having an adverse effect on my health. January 4,2010 Denise Tran an employee from AHMSI stated in a phone conversation that the reason my Home Affordable Modification Program was denied because I did not have enou^ income. Thenshe proceed to say that I need a letter from my daughter or someone stating that he/she sends me $250.00 monthly for extra help. The harassment continuedfor the next few months. March 1,2010 I received a package from AHMSI with a modification enclosed which added $19,850.33 to my principle with an increase in my monthly payments to $765.69, and it was placed on an adjustable rate until 2013. March 2011 AHMSI sent me a different loan modification, I don't remember why. Bryan Ray, a negotiator for AHMSI, only gave me a few days to sign and resubmit to their office. I made several attempts to get an explanation about the language within the modification, but the staff at AHMSI were conveniently unavailable for any explanations and 1was not allotted ample time to seek legal counsel on the matter; therefore, not given any other option, I was forced to sign the document under duress. September 2011 I received a letter from AHMSI dated September 20,2011, reducing my monthly payment to $520.93 starting in October 2011. This change came about due to an audit conducted by AHMSI. May 29,2012 American Home Mortgage Servicing Inc. (AHMSI) changed their name to Homeward Residential. December 30,2012 I submitted a complaint against AHMSI/Homeward to the Attorney General of Texas in reference to the wrongful treatment and deception I received from the entity/entities. February 19,2013 I called AHMSI/Homeward at 3:46pm and spoke with Nivedita about how my escrow went from having a positive balance of $393.87 to havingan escrow shortageof $265.03 and my monthly payments being increased from $520.61 to $558.29. She falsely statedthat my insurance premiums had increased, but according to my insurance agent my premiums had remained consistent. June 22,2006 through April 5,2013 I had paid approximately $65,193.82 in mortgage payments to the many different mortgage servicersassigned. May 1,2013 through February 7,2014 I never received any other monthly billing statements from any Mortgage Servicer or Bank. The last statement 1 received was from Homeward Residential in April 2013. May 10,2013 AHMSI/Homeward not accepting my mortgage payments. I hired Attorney Kenneth Grubbs to represent me on my mortgage case. I requested that he find out exactly who should be receiving my mortgage payment. He stated that his fee would be $750.00. July 26,2013 I received an e-mail from the Consumer Financial Protection Bureau in reference to the complaint that I submitted to the Attorney General against AHMSl/Homeward. Enclosed it had a copy ofthe response from AHMSl/Homeward with document of the alleged package they stated they sent me back in February 2013. September 13,2013 1 received a certified letter from Ocwen Loan Servicing LLC., speakingof a preliminary step to a foreclosure on the mortgage against my property; they also stated "unless 1dispute the validity of any portion ofthe debt, it will be assumed to be valid by Ocwen. This same day I went down to the Bexar Coimty Courthouse to see if there was a possiblerationale as to why Ocwen would be sending me any type of correspondence, especially since they had not sent me any legal written or verbal correspondence prior to this date. What I found on file at the Bexar County Courthouse was a Corporate Assignment of Deed of Trust, which 1had never seen before, that stipulated Citi Residential Lending Inc. as ATTRONEY-IN-FACT for Argent Mortgage Company LLC., Deutsche Bank NationalTrust Company as Trustee for Argent Securities Inc. Asset-Backed Pass-Through Certificates, Series 2006-M2 under the Pooling and Servicing Agreement dated August 1,2006. September 17,2013 1 sent Ocwen a certified dispute letter, "Qualified Written Request," imder section 6 of the Real Estate Settlement Procedure Act RESPA). Ocwennever responded back to the request. All information given to Attorney Kenneth Grubbs. October 21,2013 1 received a letter from a Power Default Services, with no identifying person of contact, stating that my alleged mortgage loan had been referred to their office for foreclosure. October 25,2013 Power Default Services was sent a Debt Collector Validation of Debt and Disclosure Statement to their two separate offices in Atlanta, Georgia and Irving Texas, certified with return receipt requested.
December 17,2013 I received a certified letter from Power Default Services of a Notice of Acceleration of Maturity on Note and Notice of Substitute Trustee Sale. December 18,2013 and December 30,2013 1paid Attorney Kenneth Grubbs $1,400.00 to stop the foreclosure proceedings on my home at 9930 Spruce Ridge Dr. Converse, Texas 78109. On December 30,2013 the first affidavit of facts concerning mortgage was filed at the Bexar County Courthouse, Doc#20130262492, Book 16495, Page 1398, 8pgs. February 7,2014 Homestead a 9930 Spruce Ridge Dr. sold at a Substitute Trustee Sde on Bexar County Courthouse steps. August 22,2014 at 4:12pm Received called from first counsel's office proclaiming having good news. They had received a settlement offer from Baker, Donelson, Bearman, Caldwell & Berkowitz for Ocwen Loan Servicing LLC. Loan Settlement was rejected because Ocwen was already in estoppel from 2013. September 5,2014 at 4:02pm Received called from previous counsel's secretary stating counsel is withdrawing his services from Plaintiff today. September 12,2014 Previous Counsel took Plaintiff to court for a motion to withdraw from case. September 23,2015 Plaintiff paid the Law Office of Gerald Kubena $200.00 for filing and bond fees to answer the Motion for Summary Judgment. October 13,2015 Received letter from Ocwen Loan Servicing LLC. about misdated letter they sent Plaintiff.
Although Appellant continues to reside on the premises at 9930 Spruce Ridge Dr. Converse, Texas 78109, this mortgage fiasco has taken a mental and financial toll on her. Appellant posit in her original Appeal that the "TAIL is not SEPARATE from the HEAD." All of these Appellees/Defendants acted in concert with one another concurrently and independently. When and how is this madness going to end if consumers as Appellant are not allowed to bring these injustices to the forefront? Conclusion This Appellant is not an attorney; she is just a retired disabled nurse that is trying to make right a wrong which has been sited upon her, and as such, she does not know the whole law but only those parts that she can discern. When Appellantwas represented by counsel (Kenneth Grubbs), she was instructed on a couple of occasions either not to show up in court, and if indeed she showed up, she was instructed not to say anything. Appellant has showed up to all proceedings. As she looks back on the different incidences, she sees why this fiasco has continued on. This Appellant has lost the confidence in legal counsel because it has appeared to be futile in getting the job accomplished and the trust that should be established between her and her counsels.
Prayer
It is my plea that Cause No. 2014-01-05864 with Appeal No. 04-15-00663-CV be allowed to proceed fonA/ard to trial. Because of the legally and factually insufficient evidence to support the final judgment in favor of Appellees from the District Court due to whatever breach within or outside the court clerks' office. Appellant Theresa F. Jerry respectfully request that the Summary Judgment be reversed (see Exhibit A), that a judgment be rendered that real issues of material facts do exist, therefore the case is not frivolous or without merit, that all claims can proceed to a trial as deemed appropriate, according to Cause No: 2014-CI-05864. Altematively, Appellant prays that this Court remands this cause to the trial court for further proceedings consistent with its opinion on the issues presentedwithin. Appellant further request that this Court awards her cost of court on appeal, or alternatively, the court cost be awarded in accordance with Rule 139 of the Texas Rules of Civil Procedure (Tex. R. Civ. 139). Appellant prays for such other and further relief that the law and nature of this case require. Therefore, theAppellant signs and submits this brief without prejudice, attesting to the things within this brief to the best of her first-hand knowledge, experience, and the documents reserved to prove the facts so stated.
Respectfully Submitted,
THERESA F. JERRY
NO LEGAL COUNSEL EXHIBIT A
MOTION FOR SUMMARY JUDGMENT TO DEUTSCHE BANK NATIONAL TRUST COMPANY COURT OF APPEALS SANDEE BRYAN MARION FOURTH COURT OF APPEALS DISTRICT KEITH F. !ir/iT(.E CHIEE JUSTICE CADENA-REEVES JUSIICE i:ENTER CI.ERKOI-COURT KAREN ANGEUNI 300 DOLDROSA, SUI IE 3200 MAKIALYN BARNARD SAN ANTONIO, TEXAS 7820S-3057 REBECA C. MARTINEZ W\V\V.TXC0URTS.G0V/4THC0A.ASPX riiLl;PH(;M-; PATRICIA O. ALVAREZ (2101335-263? l.UZ ELENA D.CHAPA JASON PULLIAM FACSIMILE NO. JUSTICES (210) 335-2702
December 15,2015
Robert D. Valdespino Cody Peterson, Valdespino Law Office Baker, Donelson, Bearman, 5150 Broadway St #506 Caldwell & Berkowitz, PC San Antonio, TX 78209-3261 1301 McKinney Street, Suite DEUVERED VIA E-MAIL * 3700 Houston, TX 77010 Theresa Faye Jerry * DELIVERED VIA E-MAIL * 9930 Spruce Ridge Dr. San Antonio, TX 78109
RE; Court of Appeals Number: 04-15-00663-CV Trial Court Case Number: 2014-CI-05864 Style: Theresa Fay Jerry V.
Deutsche Bank National Trust Company and Robert Valdespino as Trustee, Et al.
Enclosed please find the order which the Honorable Court of Appeals has issued in reference to the above styled and numbered cause.
If you should have any questions, please do not hesitate to contact me.
Very truly yours, KEITH E. HOTTLE, CLERK
Deputy Clerk, Ext. 53219
cc: Kari Lynn Robinson (DELIVERED VIA E-MAIL) Bobbie Stratton (DEUVERED VIA E-MAIL) F YTTTRTT B
SUBSTITUTE TRUSTEE'S DEED 3ook 16543 Page 2429 7pgs Doc#20140020129
OurFileWumben 20i3-46030 ' LoanNuiiiben714S4S206l Name; THERESA F. JERRY
SUBSTITUTE TRUSTEE'S DEEn
THE STATE OF TEXAS
COUNTY OF BEXAR
NOTICE OF CONFIDENTIALITY RIGHTS: IFYOU ARE A NATURAL PERSON YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD INTHE PUBLIC RECORDS: YOUR SOCIAL SECURTIYNUMBER ORYOUR DRIVER'S LICENSE NUMBER WHEREAS, THERESA F. JERRY, in order to secure the payment ofNote for the sum set forth in said Note, payable tothe order ofARGENT MORTGAGE COMPANY, LLC made, executed and delivered to LAWRENCE YOUNG., Trustee, a certain Deed ofTrust dated June 22,2006 indie principal amount ofS88,6S0JH), recorded under County ClerkNo. 20060148332 Bode 12208 P^e 1571 to the Real Pnqieity Records (tfBEXAR COUNTY, TEXAS, to which Deed ofTrust and its record reference ishere made for adetailed description ofsaid flie terms and covaianis ofsaid Deed ofTrust, and the lands and premises there conveyed; said land being more particularly described as follows:
LOT 23,BLOCK 5, CAMELOT SUBDIVISION, UNIT 63, BEXAR COUNTY, TEXAS, ACCORDING TO PLAT THEREOF RECORDED INVOLUME 9400, PAGE^ 221-222, DEED AND PLAT RECORDS OFBEXAR. TEXAS.
WHEREAS, itis{uovided insaid Deed ofTriist that fiilute tomake aay ofthe ps^ments totiie above described Note as the same became due and fKQrable, orfoilure to comply with any oraO ^tfae covenants and wmHitfniig of said Deed ofTrust, shall, attheqitionof the legal orequitable owner(s} orholdei^s) titereol; mature thewhole of said Note and to such event orevents and atthe request ofthe owner(s) orholder(s) ofsaid Note seemed by said Deed ofTrust; thesaidTrustee orhissnccesrars shall enforce said trust byselliii^ thehereinbefore described bnri and{uemises according tolaw, and to accordance with the provisions ofsaid Deed ofTrust, allasmore liilly set cot to said Deed ofTrust; and
WHEREAS, defonJt was made inthepaymern ofsaid Note accordingto theterms, taiorand effect thereof and the 1^1 orequitable owner(s) orholder(s} ofsaidNote, after allrequired notices were given, declared thewhole Note immediately (toe and payable and the Trustee named to said De^ofTrust having been removed, the owner(s) and boidei(s) ofsaid indebtedness appointed the umtorsigned s Substitute Trustee, and requested the tosell saidlandandpremises accortlmg to lawandinaccordance witii theprovisions ofsaidDeed ofTrust;tosatisfoction ofthe indebtedness securedby said E)eed ofTrust; and,
WHEREAS, the saidland above described was ailvertised forsale, and written notices ofsale were posted to acconiance witii the term ofsaid Deed ofTrust and inaccordance with the laws ofthe State ofTexas peartatotogo the foreclosure under the Deed ofTrust, said land having been advertised for sale atleast 21 days precedingthe date ofsaleat theCourthouse (toor of theCounty above set forth and.if provided bysaidDeed ofTrust, to two other public places tosaidCooniy, saidlaud having been advertised tobesold attheCowtiiouse of Bexar Omnty, tothe area itosignatedlqrtlie Commissianers* Court ofsuch county, pursuantto Sec. 51.002 oftheTexas Proper^ Code as amended (CH-ifnoareaisso designated, in theareaimmediate^ (next) adjacent to the location where theNotice of Salewas postetQ imJanuary 7,2014,thesaiddate being thefirstTkiesday saidmonth; and
WHEREAS, the holder(s) ofthe debt served written notice ofthe proposed sate bycertified maH atleast twenty one (21) days preceding Ibe (late ofsaleoneach debtor obligated to paysucb debtaccording totherecords ofsuch holdet(s) dqtosit ofthe Notice, enclosed toa preqiaid wra^qrer, prc^eiiy addressed toea(± debtor atthemost recent address ^o^vn by the records ofthe hold^s) ofthe debt; to apost office or official dqiosit(Ky under the care and GU3to(iy oftiie United States Postal Service; a copy ofsuchNotice of Salewas filed with theCounty Clerk of such county at leas twenty one (21) prece^g the date ofthe sale; and WHEREAS, 1, the said Substitute Trustee, did, between the hours of10:00 AM and 4:00 PM and be^nnlng not earlier than10:00AM,or not laterthanthree hours thereafter, on thedatefor which saidsalewasadvertised, offered the said land a^ premises for sale at public venue at ^ ConunissimteR, Court ofsuch County, pursnaut to Sec. S1.002 oftheTexas Property Code asamended, orif noareawas designated bytheCommissioner's Court, the sale>vas conducted in theareaimmediateJy (next) adjacent to thelocation where theNotice of Sale was posted; and
WHEREAS, at the said sale,DEUTSCHE BANKNATIONAL TRUSTCOMPANY, ASTRUSTEE FOR ARGENT SECURITIES INC., ASSET-BACKED PASS-THROUGH CtR'i U-ICATES, SERIES 20064^2, whose address isc/oOcwen LoanServicing, LLC, 1661 Wortbington Road, West Palm Beach, FL334090ieFeinafter referred to as"Grantee") bidfer saidland andpremises thesumof S107,264.]8, cash, which was (he highest bid and best offerdsjue&re, whereupon said landand premises were knockedoffaixisoldfor said sumto the said Grsitee in accordance withthe termsand provisions ofsaid Deed ofThisI;
NOW, THEREFORE. KNOWALL MEN BY THESE PRESENTS;That 1.(hesaid SubstituteTrustee, named and appointed under the terms ofsaid Deed ofTrust, acting herein under and by virtue of(he po\ver confer^ upon me by the said I3eedof Trust, and m accmdancewitfa the laws ofthe STATE OF TEXAS,for and in consideiaticn of the sum bid asfotesaid, v^cb amount has been applied inaccordance with the tamsofsaid Deed ofTrust onthe indebtednesssecured by do hereby bargain, sell and convey unto the said Grantee the said hereinbefore described land and premises, logger with all and singular therights and appurtenances tothe same inanywise belonging.
TO HAVE ANDTO HOLDthe said propertyunto die said Grantee, its successorsand assigns forever, in fee simple, and I, thesaid Substitute Trustee, acting in die capacityand mannerafbcesaki, by virtue ofthe powervested in me under fee terms ofsaid Dwd ofTrast, do hereby bind and obligate fee said mortg^or, bisfeer heirs, assigns, executorsand administiators to warrantandforeverdefendall and singularthe rightand title to said propertytmto fee said Grardee, its successors and ass^ns, againsteverypersonwhomsoevo- iawfhDy claimii^ w to claimthe same orai^ part thereof ^
WITNESS my hand this day, February^2014.
Rob Valdespino, Olivia'Vnldespin 'A.Voldcapino, Prenda Rolen, Chaace-Olivert •etrAR Daniel reinstdn; •atcpliaiiie SpurleekiLateirifca Pei'sdie Guillcy or -^onishai^amffies, Substitate Ti
This instrument was Mknowledged before meon February S, 2014, by,Rob Valdespino, Olivia ValdaapinoyMBrtia —Ar-Valdespiflo, Brendn Rolen, Ghonco-Olivori BretAllenrPanieLFeinsteuir! -Themglaas. Poische-Smiley orTuniEfaa-Jonnings, Substitute Trustee
(SEAL)
. CABOUNE TfiUJlUO NotaryPublicin and forthestateofTexas 0 \ NotQiyi>ubile.stotaoflakas " My Corromssion Exoftes August 09,2017 r-o l'/n
NOTICE OF SUBSTITUTE TRUSTEE SALE Noti(% of Sabstitote Trnstee Sale
T.S.»:2013-06<»0
Assert and mutert vmir rteirta as a member af the artncd fmtea of the United States. If vou are or vour anm».bamtae Qii ectlve military dntv. ludatllng active mflftarv dnCVMa mealier of the Te«a» Naflanal NaBoaal Cnerd of ancthg state or as t mcmbgr of a mcrve canmcnrot of the armed fortea of tha United Slates, please send vrritten gntlee of Ihe active duty mllltafv serrfcc to theieadei' of thb ndte timneittatelv.
Date, Tim^ and Place ofSale - The sale is scheduled to be heldat the£iUovving date,tine and place:
Date: 1/7/2014
Time: Thesalewifl be^ noeadkr than 10:00 AMornolaterthan tiseehoua thsreafiei. The sale will be comploted by no laterthan1:00 PM -Place:— ••fiexar- Gounly- Courthonm -in-San -Antnnlo, Teoosi-al-tlifi fiillowing- Heetdion: — Courthouse^ ^ttdllcally theSouthstepsof the Besar ConntyConrBtovse OR IN THE AREA DESIGNATED BY THE CQMMBSIONER'S COURT, PUSSUANTTO SECTION51.002 OFTHETEXAS PROPERTY CODE
Property To Be Sold• The property to be soldis desoibed as follows:
LOT 23, BLOCK S, CAMmiT SUBDIVISION, UNIT 53, ^XAS COUNTY, TEXAS, ACCORDING TO PLAT THEREOF RECORDED IN VOLUaiE JMOO, PA<^(S) 221-222, DEED AND HiAT RECORDS OF BEXAR, TEXAS.
Instnuttent to ho Foreelosed—The insirmnsntto be foreclosed is theDeedofTrust is datedd/22/2000, and is recordedindiB office oftheCoun^ CterkofBexarCoun^, Texas, under CountyCledc'sFfleNo20060148332 recorded on6tt3C006ir> Book I2208Pa8e 1571 oflheRealPrqtotQrRecords ofBexarCounty, Texas.
Trustoi(3); THERESA F. JERRY OriginalBenefictaiy: AR6ENTM0RXGAG& CC»V1PANY,1JLC
Current Dentseiie Bank Natiimal Trust LoanServken Ocnen Loan Servicing, LLC Beneficiary: Company, as Tm^ for Argent Seenritiea Inc., Astot-Badccd Pass-Through CertiQcates, Series 2006-M2
Current Substituted Deborah Martin orTerri Trustees: Martin or DeaimaRay, Daniel Feiiistein, Stephanie Spuriock, Laferziha Tboinpidn^ Porsche Smiley, andTimlsha Jennings The Mortgage Servker a anthodzed to represent (he Mortgagee by virtue of a servicmg agreement wift (he Mortgagee; Pmsuant to the Sendciiig Agreement and Texas Propei^ Code S51i)02S, Qce Morigago Seivicer is authorized to coSect the debt and (o administer any resulting foreclosure of the proper^ securii^ the above referenced loan.
Terras of Sale - The sale will be condocted as a poblic auction to the hl^iesi bidder for cash, subiect to the pnmsions of the deed of trust petmitluig (be bene&iaiy tbereooder to bave tbe bid credited to foeixifeup to the amotut of theuiQiaid debtsecDied by the deedof trustat the timeof sale.Proqiective bidders are strong urgedto examine the applicable property recordsto determine foenatureand extent of sub malteis, if any. Pursoantto the deed ofCnis^ foe boefiidaiy has the to foreet theTrustee to sen tbe property in one ormore parceb aodfor to sellall or only partof theproperty. Pursuant tosecdon 31.009 of theTexas Property Code, tbeproperty wiU besold in m,wlteie k" comlitioii, without anyexpress or implied warranties, exc^ as to thewamntiesof title(ifany) prov^Slbrunfefoe'd^'oftnisl. ProqnroSve1K33mluoadviaedto cdidnctatrmdep
Trustee - whereas, the Trustee named in the Deed of Trust having been removed, tire legal holder of the indebtedness described in the Deed of Trustappotnled Deborah Martin or Teiri Martin or Dearuia Ray, Danid Feinslem, Stepbanre Spuloch, Laterrika ThompMns, Pmsdre Smil^,and Thnisfaa Jemrings or either of them, as Snbstrtnte 'Dustee (eatii beh^ lefened to as lire '^dbslitute llustee), upon the conttngeni^ and in the manner authorized by the D^ ofHust: and
Typeofsale- Thesate isa non-judicia] deed oftrust Ken and securityinterest foreclosare saletreiogconducted puzsuanttotfaepower(tffoesalegiantedl^ti»deed(^tnist«xecaiedbyTHER£SAF. JERRY. The real {mpetly and peisopal {utpertyencumbered bythe deed oftrustwill besoldatthesale insECordance with tbe provkions of thedeedof irnst and aspermitted bysection 9.((M(a) of foe Texas Business mid Commerce Code.
Obligations Secured - The deed ofinist provides that itsecures foe payment ofthe ind^tedness a^ obtig^ons therein described (coBeotively tire 'Obligations inclcding by not Gmiled to (1) the pronussoiy rrate mtire orig^ prinmpal amount of S88,630.00, executed by THERESA F. JERRY, and pagmbie to the order ofARGEbTT MORTGAGE COMPANY, LLC; P) uD leuewals and extensions ofthe note; and (3) any and afipresent and firmre of TBOERESA F. JERRY to THERESA F. JERKY. Deutscire Bank National Trtrst Company, as Trustee for Argent Securities Jno., Asset-Backed Pass-Through Certificates, Series 2006-M2, is foe cnnentowner and holderof tire ObEgalimm and k thebeaieficiaiy undertheDeedofTrust. Tbesale wiH beiiude, Initwithoutcoveaantor wananty,CApresscd or implied, i^ardiog title,possesmoii, or encumbrances, to paytheremaining piisc^ sumof thenote(s) secured hy theDeedofTiust,withinterest andlate charges thereon, as provided in the notefs), advances, umferthe terms ofthe Deed ofTrust, interest Ihexeon, fees, chargesandexpenses oftheThistes for the totalamonnt(at the thne ofthe im'tial puUicatioaoftheNotiOe of Sale) reasonably esthnated tobe set fotdibdow. The amounting be greateron the day ofsate.
Quesdotts concerning the sale may be directed to the undo^gned or to the beneficiary: Deutsche Bank National Trnst Company, as Trustee for Argent SecuritiesInc., Asset-Backed Pass-Through Certiflcates, Series 200d-M2
c/o OctvenLoan Servicing, LLC 16til Worfbington Rd., Suite 100 West Palm Beach, FL 33409 S61-d82-8000 Dated: Ddroiah htertinor Teni Martinor Desmu Ray, Daniel Fcrnstein, Stetfoame Spurlocle, Latecriha TlHniipkins,P(Rsche Smileyor TimisbaJenninss,
Telephone: (8ti6)-900-0299 Fax:(80d)-960-8298 '
AFTER RECORDING, PLEASE SErURN TO: Ptrwer Defonit Services, Inc. 2002 Summit Boutevaid, suite 600 Atlanta, Georgia30319 Aim: Trustee Department Doc# 20140020129 # Pages 7 02/07/2014 2:39PM e-Filed & e-Recorded in the Official Public Records of BEXAR COUNTY GERARD C. RICKHOFF COUNTY CLERK Fees $46.00
STATE OF TEXAS COUNTY OF BEXAR This is to Certify that this document was e-FILED and e-RECORDED In the Official Public Records of Bexar County, Texas on this date and time stamped thereon. 02/07/2014 2;39PM COUNTY CLERK. BEXAR COUNTY TEXAS