Posey v. NewRez LLC
| James Posey, II |
| Newrez LLC doing business as Shellpoint Mortgage Servicing |
| 1:2025cv00328 |
| June 21, 2025 |
| U.S. District Court for the Eastern District of Texas |
| Marcia A Crone |
| Real Property: Other |
| 28 U.S.C. ยง 1332 Diversity-Declaratory Judgement |
| None |
Docket Report
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This docket was last retrieved on August 20, 2025. A more recent docket listing may be available from PACER.
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| Filing 13 AGREED FINAL JUDGMENT granting #12 Amended Joint Motion for entry of agreed final judgment voiding foreclosure sale and resulting substitute trustee's deed. Signed by District Judge Marcia A. Crone on 8/20/2025. (Motion #11 terminated) (SCM) |
| Filing 12 AMENDED JOINT MOTION for Entry of Agreed Final Judgment Voiding Foreclosure Sale and Resulting Substitute Trustee's Deed by Newrez LLC. (Attachments: #1 Exhibit 1 - Deed of Trust, #2 Exhibit 2 - Corporate Assignment, #3 Exhibit 3 - Affidavit of Heirship, #4 Exhibit 4 - Warranty Deed, #5 Exhibit 5 - Substitute Trustee's Deed, #6 Exhibit 6 - Amended Proposed Order)(Morgan, Melanie) Modified text on 8/19/2025 (SCM). |
| Filing 11 JOINT MOTION FOR ENTRY OF AGREED JUDGMENT VOIDING FORECLOSURE SALE AND RESULTING SUBSTITUTE TRUSTEE'S DEED by Newrez LLC. (Attachments: #1 Exhibit 1 - Deed of Trust, #2 Exhibit 2 - Corporate Assignment, #3 Exhibit 3 - Affidavit of Heirship, #4 Exhibit 4 - Warranty Deed, #5 Exhibit 5 - Substitute Trustee's Deed, #6 Exhibit 6 - Proposed Order)(Morgan, Melanie) Modified text on 8/12/2025 (SCM). |
| Filing 10 ANSWER to #1 Complaint, by Newrez LLC.(Morgan, Melanie) |
Filing 9
PRELIMINARY INJUNCTION. This injunction is effective immediately and shall continue in force and effect until further order of this court. The #8 Joint Motion for Preliminary Injunction is granted. The #7 Order Setting Hearing on Motion is vacated. The #2 Motion for Temporary or Permanent Injunction is denied as moot. Signed by District Judge Marcia A. Crone on 7/24/2025. (SCM) Modified text on 7/25/2025 (SCM).
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| Filing 8 JOINT MOTION for Preliminary Injunction by Newrez LLC. (Attachments: #1 Proposed Order Granting Preliminary Injunction)(Morgan, Melanie) Modified text on 7/23/2025 (SCM). |
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Filing 7
*Vacated per Order #9* ORDER Setting Hearing on #2 Motion for Temporary and Permanent Injunction: Motion Hearing set for 7/28/2025 at 02:00 PM in Ctrm 3 (Beaumont) before District Judge Marcia A. Crone. Posey is ordered to notice Deft of hearing. Signed by District Judge Marcia A. Crone on 7/18/2025. (SCM) Modified text on 7/24/2025 (SCM).
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| Filing 6 SUPPLEMENTAL Fed. R. Civ. P. 7.1(a)(1) AND (2) Disclosure Statement filed by James Posey, II (Whitley, Andrea) |
| NOTICE of Hearing: TRO hearing set for 7/28/2025 at 02:00 PM in Ctrm 3 (Beaumont) before District Judge Marcia A. Crone. (JC) |
| Filing 5 NOTICE of Attorney Appearance by Andrea Jean Whitley on behalf of James Posey, II (Whitley, Andrea) |
| Filing 4 SUMMONS Issued as to NewRez LLC dba Shellpoint Mortgage Servicing and emailed back to Attorney for service. (SCM) |
| Filing 3 Fed. R. Civ. P. 7.1(a)(2) Disclosure Statement identifying party citizenship filed by James Posey, II (Irelan, Bradford) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (SCM) |
| Case assigned to District Judge Marcia A. Crone. (SCM) |
| Filing 2 MOTION for Preliminary Injunction , MOTION for Permanent Injunction by James Posey, II. (Attachments: #1 Exhibit A - Payoff Letter, #2 Exhibit B - November Wire, #3 Exhibit C - Returned Wire, #4 Exhibit D - December Wire, #5 Exhibit E - Returned Wire, #6 Exhibit F - February Wire, #7 Exhibit G - Returned Wire, #8 Exhibit H - Demand Letter, #9 Affidavit/Declaration I - Declaration in Support)(Irelan, Bradford) (Additional attachment(s) added on 6/24/2025: #10 Revised Proposed Order) (SCM). |
| Filing 1 COMPLAINT against NewRez LLC dba Shellpoint Mortgage Servicing ( Filing fee $ 405 receipt number ATXEDC-10913807.), filed by James Posey, II. (Attachments: #1 Exhibit A - Payoff Letter, #2 Exhibit B - November Wire, #3 Exhibit C - Returned Wire, #4 Exhibit D - December Wire, #5 Exhibit E - Returned Wire, #6 Exhibit F - February Wire, #7 Exhibit G - Returned Wire, #8 Exhibit H - Demand Letter, #9 Civil Cover Sheet)(Irelan, Bradford) |
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| Plaintiff: James Posey, II | |
| Represented By: | Andrea Jean Whitley |
| Represented By: | Bradford W Irelan |
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| Defendant: Newrez LLC doing business as Shellpoint Mortgage Servicing | |
| Represented By: | Melanie Dawn Morgan |
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