Bishop Global Family Trust v. Mackie Wolf Zientz & Mann P.C.
4:25-cv-00560
S.D. Tex.Jul 10, 2025Background
- Plaintiffs filed suit claiming wrongful foreclosure on a Houston, Texas property, alleging that Select Portfolio Servicing, Inc. (SPS) lacked authority to foreclose, failed to produce an original note, and violated debt collection laws.
- The original suit included Bishop Global Family Trust, Robert Bishop (Trustee), and Calariell Johnson (beneficiary); Robert Bishop, as a non-attorney trustee, improperly represented the trust in federal court.
- After transfer from state court and an amended complaint, the court ordered clarification of proper legal representation; ultimately, all claims by the trust and by Bishop as trustee were dismissed at Plaintiff Johnson's request.
- Plaintiff Johnson, now proceeding pro se, filed several motions: to reconsider prior rulings, to void the foreclosure sale, to enjoin transfer of possession, to file a second amended complaint, and to add Honest Land, LLC as a defendant.
- Defendants responded in opposition; the case's primary allegations turned on whether the foreclosure sale was conducted lawfully and whether the prerequisites for a wrongful foreclosure claim were satisfied under Texas law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reconsideration of prior rulings | Johnson claimed procedural errors in earlier denials, and that she could self-represent. | Procedural deficiencies remained unresolved. | Denied |
| Void foreclosure sale | Johnson moved to declare sale void, alleging wrongful foreclosure. | No adequate pleading of wrongful foreclosure elements. | Denied |
| Preliminary injunction (enjoin transfer) | Johnson sought to prevent the foreclosure purchaser from taking possession, arguing improper sale. | No likelihood of success on the merits shown. | Denied |
| Leave to amend complaint & add party | Sought to amend to add claims/defendants post-sale. | No undue delay or prejudice, amendment not futile. | Granted |
Key Cases Cited
- Templet v. HydroChem Inc., 367 F.3d 473 (5th Cir. 2004) (Rule 59(e) motions are not for rehashing old arguments)
- Sauceda v. GMAC Mortg. Corp., 268 S.W.3d 135 (Tex. App. 2008) (elements of wrongful foreclosure under Texas law)
- Farrell v. Hunt, 714 S.W.2d 298 (Tex. 1986) (damages calculation for wrongful foreclosure)
- Bluefield Water Ass'n, Inc. v. City of Starkville, Miss., 577 F.3d 250 (5th Cir. 2009) (burden of persuasion on all elements for injunction)
- Tex. Midstream Gas Servs., LLC. v. City of Grand Prairie, 608 F.3d 200 (5th Cir. 2010) (injunction prerequisites in the Fifth Circuit)