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Mary Ann Castro v. Manuel Castro
04-14-00785-CV
| Tex. App. | Feb 13, 2015
|
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Case Information

*1

2 / 10 / 2015 Court of Appeals District Cadena Reeves Justice Center 300 Dolorosa Suite 3200 San Antonio Texas 780205-3037 Honorable Judge Little John From: Maryann Castro Pro-se Appellant 1501 Olive Jourdanton Texas 78026 Court Of Appeals Number-04-14-00785 Trial Court Case Number-2011-CI-15957

Request for Judicial Intervention

Honorable Judge LittleJohn, The Motions filed are pleadings for justice. I thank you for your response, Appellant Maryann Castro applied for a Motion for Emergency spousal Maintence, Appellee Manuel Castro was not paying the mortgage and was in active bankruptcy, Appellant Maryann Castro has been in Communication with the Mortgage Company BSI.

BSI Financial is working out a solution on the Mortgage that Appellee Manuel Castro and Appellant Maryann Castro shared as Husband and wife.

Appellant Maryann Castro needs Spousal Maintence to live, in her homestead Appellee Manuel Castro abandoned on or about 7/2011.

Appellant Maryann Castro prays for the Court to award her temporary Spousal Maintence until justice can be served in Appeals Court.

*2 Respectfully Maryann Castro Pro Se Appellant 1501 Olive Jourdanton Texas 78026 \%30496-0133 PacAttitude2014@gmail.com

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To: Court Of Appeals From: Maryann Castro Pro Se-Appellant 1501 Olive Jourdanton Texas Court Of Appeals Number-04-14-00785 Trial Court Case Number-2011-CI-15957

Notice of Motion for Emergency Maintence Support

Here comes Appellant Maryann Castro asking for the court to grant her Emergency Maintence Support, due to disabled spouse in the thirty year marriage and the Fraud, Mistake Of Counsel.

Attorney Joseph Appelt took part in fraud for his Client Appellee Manuel Castro and hid from the Court on Oct 30,2013 Mortgage was not and has not been getting paid when the Agreement for Final Divorce was signed on 10/30/2013 And Appellee Manuel Castro was in Active Bankruptcy.

Appellant Maryann Castro is praying the Court to award her Emergency Maintence Support until Appeals Court can apply Justice on pleading.

Maintence support emergency is needed for Appellant Maryann Castro is disabled and showed the court her social security 866.00 disability.

Appellant Maryann Castro Prays for the Court to award her, Emergency Maintence Support, the mortgage is 1600 And Appellant Maryann Castro has shown cause. See copy

Respectfully Maryann Castro Pro Se Appellant 1501 Olive Jourdanton Texas 78026 PACATTITUDE2014@GMAIL.COM 8304960133 Date 2/9/15

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MANUEL G CASTRO JR 1501 OLIVE ST JOURDANTON, TX 78026-2220 Loan Number: 44675 Property Address: 1501 OLIVE STREET JOURDANTON, TX 78026

NOTICE OF DEFAULT AND INTENT TO ACCELERATE

Dear MANUEL G CASTRO JR: This letter is formal notice by BSI Financial Services, Inc. (herein as "BSI") the Servicer of the above-referenced loan, on behalf of MLB SUB I, LLC that you are in default under the terms of the documents creating and securing your Loan described above, including the Note and Deed of Trust/Mortgage/Security Deed ("Security Instrument"), for failure to pay the amounts due.

The loan is due for 12/01/2011 and subsequent payments, plus late charges, fees and costs. As of today, the total delinquency and reinstatement amount is $ 73 , 967.02 , which consists of the following:

| Next Payment Due Date | 12 / 01 / 2011 | | :-- | --: | | Total Monthly Payments Due: | $ 66 , 367.76 | | (35@$1,732.72) | | | Late Charges | $ 4 , 204.26 | | Other Fees: | $ 3 , 395.00 | | Unapplied Balance: | $ 73 , 967.02 | | TOTAL YOU MUST PAY TO CURE DEFAULT: | |

It is possible that after payment of the amounts detailed above there may be other fees still due and owing, including but not limited to other fees, escrow advances or corporate advances that BSI paid on your behalf or advanced to your account.

This letter is a formal demand to pay $ 73 , 967.02 . If the default, together with additional payments that subsequently become due, is not cured by 11 / 13 / 2014 , BSI will accelerate the note so that the entire debt is immediately due and payable, and take steps to terminate your ownership in the property by a foreclosure proceeding or other action to seize the property.

IF YOU ARE UNABLE TO BRING YOUR ACCOUNT CURRENT, BSI offers consumer assistance programs designed to help resolve delinquencies and avoid FORECLOSURE. These services are provided without cost to our customers. You may be eligible for a loan workout plan or other similar alternatives. If you would like to learn more about these programs, you may contact the Loss Mitigation Department at (800) 327-7861, Monday-Wednesday 8 am to 8 pm EST, Thursday 8 am to 6 pm EST, Friday 8 am to 5 pm EST, Saturday 8 am to 12 pm EST. WE ARE VERY INTERESTED IN ASSISTING YOU.

The default above can be cured by payment of the total delinquency and reinstatement amount plus any

*5 | Mining Group Inc. Opportunity Employer 31096 | | Advice Routing: | | | Pay Group:
Pay Begin Date: 04/01/2013 | | | | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | | | | Dept: | 14965 - San Miguel Labor | | | | | | | | Sub Payroll: | 3 | | Pay End Date: | 04/07/2013 | | | E 68131 | 402/342-2052 | Pay Basis: | Hourly | | | | | | inadalupe Castro Jr | | LAST JOB WORKED: | | | | TAX DATA: | Federal | | kory Shadow | | Empl #: | 00000 | | | Marital Status: | Marriec | | f TX 78112 | | Job #: | 14965 | | | Allowances: | 0 | | | | Location: | San Miguel Labor | | | Addl. Pct.: | | | 247763 | | | | | | Addl. Amt.: | |

| HOURS AND EARNINGS | | | | | | TAXES | | :--: | :--: | :--: | :--: | :--: | :--: | :--: | | n | Current | | | YTD | | Description | | | - Rate | Hours | Earnings | Hours | Earnings | | | - Time and One H ay | 20.710000 | 40.00 | 828.41 | 523.50 | 10,824.70 | Fed Withholding | | | 31.065000 | 18.00 | 559.17 | 147.00 | 4,562.38 | Fed MED/EE | | | | | | 23.00 | 471.39 | Fed OASDI/EE | | Off | | | | 43.50 | 900.90 | | | x Non-Taxable | | | | | 324.83 | | | | | 58.00 | 1,387.58 | 737.00 | 17,084.20 | Total: | | BEFORE-TAX DEDUCTIONS | | | AFTER-TAX DEDUCTIONS | | | EMPLOYE | | n | Current | YTD | Description | Current | YTD | Description | | usurance | 54.59 | 771.50 | Employee Supplemental Lif | 5.10 | 76.50 | Medical Insurance | | urance | 5.27 | 78.14 | Accident Death &; Dismbr - | 0.30 | 4.50 | Vision Insurance | | | | | Depend AD &; D - KieChoice | 0.18 | 2.70 | Group Term Life Insuran | | | | | Clothing | 4.15 | 60.25 | Group Term Life Insuran | | | | | Garnishment - Bankruptcy | 184.62 | 2,769.30 | Disability Insurance | | | | | | | | | | 59.86 | | 849.64 | Total: | 194.35 | 2,913.25 | * Taxable | | TOTAL GROSS | | FED TAXABLE GROSS | | TOTAL TAXES | | TOTAL DEDUCTIONS | | 1,387.58 | | | 1,329.00 | | 259.91 | 254.21 | | 17,084.20 | | | 15,928.86 | | 3,609.85 | 3,762.89 | | E: | | | | | | NET PAY DIS | | | | | | | | Advice #53850 | | | | | | | | Total: |

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RECEIPT FOR YOUR CLAIM FOR SUPPLEMENTAL SECURITY INCOME RECEIPT DATE: March 22, 2001

MARYANN CASTRO

Q: A. mow

If you have a question or something to report call (20) 53 ∪ 5 ∪ ⇏ For general information about Social Security, visit our web site at www.ssa.gov on the Internet.

You may visit or write to the Social Security Office at:

We will process your application for Supplemental Security Income as quickly as possible. You should hear from us within days. If you do not hear from us by then, please get in touch with us.

We will let you know if we need more information to decide if you are eligible for SSI payments. In the meantime, if you move or change your mailing address, you--or someone for you-- should report the change to the office shown above.

Also, you (or someone for you) must let us know if you are admitted to a hospital or other medical facility. You could lose some SSI payments if you do not let us know right away.

Always give your Social Security number when writing or telephoning about your claim. If you have any questions about your claim, we will be glad to help you. MARYANN CASTRO 919 SUTTON APT 22 SAN ANTONIO, TX 78228

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What We Will Pay And When

You will receive $ 788.00 for August 2014 in September 2014. After that, you will receive $ 788.00 on or about the third of each month. You will receive your full regular monthly payment beginning September 2017.

If You Have Any Questions

We invite you to visit our website at www.socialsecurity.gov on the Internet to find general information about Social Security. If you have any specific questions, you may call us toll-free at 1-800-772-1213, or call your local Social Security office at 866-964-7432. We can answer most questions over the phone. If you are deaf or hard of hearing, you may call our TTY number, 1-800-325-0778. You can also write or visit any Social Security office. The office that serves your area is located at:

SOCIAL SECURITY 3438 E SOUTHCROSS SAN ANTONIO TX 78223

*8

UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

IN RE: CHAPTER 13 MANUEL GUADALUPE CASTRO JR.

DEBTOR(S) Amendoes CASE NO.: 12-52696 G CERTIFICATE OF SERVICE

I hereby certify that a copy of the attached document was served on the parties listed below by ordinary U.S. Mail or served electronically through the Court's ECF System at the e-mail address registered with the Court on this July 30, 2014.

Debtor(s):

MANUEL GUADALUPE CASTRO JR. PO BOX 47776 SAN ANTONIO, TX 78265 MARY ANN CASTRO 1501 OLIVE JOURDANTON, TX 78026

MALAISE LAW FIRM 909 NE LOOP 410 STE 300 SAN ANTONIO, TX 78209 /S/

MARY K. VIEGELAHN CHAPTER 13 TRUSTEE

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UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

IN RE: CHAPTER 13 MANUEL GUADALUPE CASTRO JR.

DEBTOR(S) CASE NO.: 12-52696 G

CERTIFICATE OF SERVICE

I hereby certify that a copy of the attached document was served on the parties listed below by ordinary U.S. Mail or served electronically through the Court's ECF System at the e-mail address registered with the Court on this July 30, 2014.

Debtor(s):

MANUEL GUADALUPE CASTRO JR. PAVIS LAW FIRM PO BOX 47776 SAN ANTONIO, TX 78265 5710 IH 10 WEST SAN ANTONIO, TX 78201 IS/ JESSICA L. HANZLIK

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UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

IN RE: CASE NO.: 12-52696G MANUEL GUADALUPE CASTRO JR. § Debtor § D a m p ; CASE NO.: 12 − 52696 G a m p ; 今 a m p ; 今 TRUSTEE'S AMENDED OBJECTION TO MOTION TO LIFT STAY TO PROCEED WITH DIVORCE AND REQUEST FOR HEARING

TO THE HONORABLE JUDGE OF SAID COURT: Now comes, Mary K. Viegelahn, Chapter 13 trustee and files this, her Chapter 13 Trustee's Amended Objection to the above-referenced Motion.

The Chapter 13 Trustee does not approve the afore-mentioned motion for the following reasons: The Trustee opposes the Motion to Lift Stay to proceed with Divorce filed July 16, 2014 by Malaise Law Firm on Maryann Castro's behalf. The Debtor and Maryann Castro have previously entered into an agreement for final divorce on October 20, 2013. Both Debtor and Ms. Castro were represented by counsel and signed the agreement. The Trustee asserts the parties cannot re-litigate the terms of the agreement including the terms of the property settlement.

WHEREFORE, the Trustee requests the Court deny the motion for the reasons stated above and set it for hearing on the next available hearing date. The Trustee further asks the Court for any other relief to which she may be entitled.

Dated: July 29, 2014 Respectfully submitted, &;/ Jessica L. Hanzlik JESSICA L. HANZLIK TSBN: 24055661 STAFF ATTORNEY FOR THE CHAPTER 13 TRUSTEE ihanzlik@sach13.com 1050 Heritage Blvd, Ste. 201 San Antonio, TX. 78216 (210)824-1460 fax: (210) 824-1328

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Case Details

Case Name: Mary Ann Castro v. Manuel Castro
Court Name: Court of Appeals of Texas
Date Published: Feb 13, 2015
Docket Number: 04-14-00785-CV
Court Abbreviation: Tex. App.
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