Baker v. Specialized Loan Servicing, LLC et al

Western District of Texas, txwd-5:2019-cv-01298

ANSWER to [7] Answer to Complaint, Counterclaim by Paul E Baker.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION Paul E. Baker, § § Plaintiff, § Civil Action No.: § § 5:19-cv-1298-OLG § v § § § § Specialized Loan Servicing, LLC, § Equifax Information Services § § LLC, and Experian Information § Solutions, Inc., § Defendants. § Plaintiff's Answer to Defendant Specialized Loan Servicing, LLC's Counterclaim ____________________ In the last two numbered paragraphs of its answer, Specialized Loan Servicing, LLC (SLS) slips in a counterclaim against Plaintiff Paul Baker. Baker files this, his answer, to SLS's counterclaims. 1. Plaintiff denies that his pleadings violate s Tex. Civ. Prac. & Rem. Code §§ 3.011 et seq. and §§10.001 et seq. Plaintiff further denies that his pleadings are 1) groundless or brought in bad faith; 2) groundless or brought for the purpose of harassment; or 3) groundless or interposed for any improper purpose including, but not limited to causing unnecessary delay and/or needless increase in the cost of litigation. 2. Plaintiff states that the Note and Security instrument speak for themselves and he is not required to admit or deny allegations as to their content. Plaintiff further asserts that the Note and Security Instrument referenced by SLS are foreclosed, extinguished, and void. See Exhibit A to Plaintiff's complaint [Docket No. 1 -2]. Any provision in a foreclosed, extinguished, and void contract is unenforceable. Affirmative Defenses 3. SLS lacks standing to enforce a foreclosed, extinguished, and void instrument. Plaintiff reserves the right to further and more formally address SLS's lack of standing to enforce the foreclosed, extinguished, and void instrument. 4. Baker's note has been declared, by a court of competent jurisdiction, foreclosed, extinguished, and void. 5. That litigation, as referenced in Plaintiff's Original Complaint, involved Bank of New York Melon. SLS is Bank of New York Melon's attorney in fact. 6. That litigation resulted in a final judgment determining the HELOC unenforceable. SLS seeks to enforce a contract that has already been determined to be unenforceable. 7. SLS is collaterally estopped from this collateral attack on the judgment. 8. SLS is barred by res judicata from seeking re -interpretation of its right to enforce the HELOC. Prayer Plaintiff prays Defendant SLS take nothing by its cou nter-claim. Dated: December 24, 2019 Respectfully Submitted, /s/William M. Clanton William M. Clanton Texas Bar No. 24049436 Law Office of Bill Clanton, P.C. 926 Chulie Dr. San Antonio, T exas 78216 210 226 0800 210 338 8660 fax bill@clantonlawoffice.com I certify that on this day the foregoing was filed with the Clerk of Court via the CM/ECF system which will electronically serve the parties listed below: Via Email: bsheppard@gallowaylawfirm.com and aharding@gallowaylawfirm.com Branch M. Sheppard Annarose M. Harding GALLOWAY JOHNSON TOMPKINS BURR & SMITH 1301 McKinney Suite 1400 Houston, Texas 77010 Attorneys for Defendant Specialized Loan Servicing LLC Via Email: teo.seger@clarkhillstrasburger.com Forrest M. Seger III CLARK HILL STRASBURGER 2301 Broadway Street San Antonio, Texas 78215-1157 Attorneys for Defendant Equifax Information Services LLC Via Email: merdmann@jonesday.com Michael A. Erdman JONES DAY 2727 North Harwood Street Dallas, Texas 75201 Attorneys for Defendant Experian Information Solutions, Inc. Signed December 24, 2019 /s/William M. Clanton