3:23-cv-00745•Deutsche Bank National Trust Company v. Crear et al
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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION DEUTSCHE BANK NATIONAL TRUST § COMPANY, AS TRUSTEE, IN TRUST § FOR REGISTERED HOLDERS OF § LONG BEACH MORTGAGE LOAN § TRUST 2005-WL2, ASSET-BACKED § CERTIFICATES, SERIES 2005-WL2, § § Plaintiff, § § V. § No. 3:23-cv-745-L-BN § STEVEN CREAR, SR., ET AL., § § Defendants. § FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE This chapter in the history of litigation related to Defendants Steven Crear, Sr. (“Crear Sr.”) and Steven Crear, Jr. (“Crear Jr.”) (together, the “Crears”) and real property located at 1617 Gillarel Springs Lane, in Dallas, Texas (the “Property”) closed on February 19, 2026, when – after accepting the undersigned United States magistrate judge’s recommendations as to the motion for summary judgment filed by Plaintiff Deutsche Bank National Trust Company (“DB”) – United States District Judge Sam A. Lindsay entered judgment for DB “with respect to its claims for trespass to try title and quiet title, and related requests for declaratory and permanent injunctive relief, and with respect to these claims” ordered, adjudged, and decreed that, among other things, DB “is the owner of the [Property], free and clear of any claims by Defendants.” Dkt. No. 103; Deutsche Bank Nat’l Tr. Co. v. Crear, No. 3:23-cv-745-L-BN, 2026 WL 404050 (N.D. Tex. Jan. 14, 2026), rec. accepted, 2026 WL Case 3:23-cv-00745-L-BN Document 108 Filed 02/24/26 Page 1 of 6 PageID <pageID>
- 2 - 402637 (N.D. Tex. Feb. 12, 2026); see also Crear v. JPMorgan Chase Bank, N.A., 491 F. Supp. 3d 207, 219 (N.D. Tex. 2020) (“This is [Crear Sr.]’s sixth lawsuit challenging foreclosure proceedings related to the Property. [Crear Sr.] voluntarily dismissed two of his five previous lawsuits, see Crear, 3:10-cv-2149-K and Crear, 3:19-cv-1795-S-BT, and the Court granted Chase or another defendant’s dispositive motion in the remaining three, see Crear, 3:10-cv-00463-N, Crear, 3:11-cv-565-K, and Crear, 3:17- cv-159-D. [Crear Sr.]’s claims lack merit, and the Court finds his lawsuits duplicative, harassing, and burdensome to the Court and the parties who must defend against them.”); Dkt. No. 17, ¶ 11 (adding related state lawsuits and appeals to the United States Court of Appeals for the Fifth Circuit). As DB put it in its motion for summary judgment, “[p]ractically speaking, Crear Sr. and/or [Crear Jr.] have maintained possession of a house without making a monthly payment for more than seventeen years.” Dkt. No. 83 at 10. Then, four days after Judge Lindsay entered judgment, Crear Sr. filed under Federal Rule of Civil Procedure 62 an Emergency Motion to Stay Execution and Possession Pending Appeal [Dkt. No. 104] (the “Emergency Motion”), requesting that the Court stay “execution and possession” of the Property “pending appeal and resolution of post-judgment motions” and “[w]aive any bond requirement or set a nominal bond amount in light of [his] financial circumstances and disability status,” id. at 9. “Rule 62 works in conjunction with Federal Rule of Appellate Procedure 8(a), which directs that a party seeking to stay the judgment or an order of a district court Case 3:23-cv-00745-L-BN Document 108 Filed 02/24/26 Page 2 of 6 PageID <pageID>
- 3 - pending appeal ‘must ordinarily move first in the district court.’” U.S. Bank, N.A. as Tr. for Registered Holders of AEGIS Asset Backed Sec. Tr. Mortg. Pass Through Certificates, Series 2005-4 v. Richardson, No. 3:17-cv-2271-L, 2020 WL 10050786, at *1 (N.D. Tex. Apr. 7, 2020) (quoting FED . R. APP . P. 8(a)(1)(A); citing Hilton v. Braunskill, 481 U.S. 770, 776 (1987) (“Different Rules of Procedure govern the power of district courts and courts of appeals to stay an order pending appeal.” (citing FED . R. CIV. P. 62(c); F ED . R. APP. P. 8(a)))), rec. rejected on other grounds, 2020 WL 10050787 (N.D. Tex. June 1, 2020). Rule 62(a) “provides an automatic stay upon a judgment’s execution for thirty days” but not “[f]or a final judgment that grants an injunction.” Firearms Policy Coalition, Inc. v. McCraw, 623 F. Supp. 3d 740, 756-57 (N.D. Tex. 2022) (citing FED . R. CIV. P. 62(a)). But “[t]he Court may exercise its discretion to ‘suspend [or] modify’ an injunction pending appeal if it provides ‘terms that secure the opposing party’s rights.’” Id. at 757 (quoting F ED . R. C IV. P. 62(d)); see also Richardson, 2020 WL 10050786, at *2 (“Rule 62, amended effective December 1, 2018, eliminates the reference in former Rule 62(d) to a ‘supersedeas bond.’ But the advisory-committee notes make clear that amended Rule 62(b) ‘carries forward in modified form the supersedeas bond provisions of former Rule 62(d).’ FED . R. CIV. P. 62 advisory committee’s notes to 2018 amendment…. Thus, under amended Rule 62(b), [a judgment debtor] may obtain a stay by providing ‘a bond or other security.’” (citations omitted)). Case 3:23-cv-00745-L-BN Document 108 Filed 02/24/26 Page 3 of 6 PageID <pageID>
- 4 - The relevant factors in determining if a court should stay an injunction pending appeal are: (1) whether the party against whom the injunction was granted made a strong showing of a likelihood of success on the merits; (2) whether the party against whom the injunction was granted will be irreparably injured absent a stay; (3) whether a stay will substantially injure the other parties’ interests; and (4) where the public interest lies. McCraw, 623 F. Supp. 3d at 757 (citations omitted); accord Nken v. Holder, 556 U.S. 418, 426 (2009); United States v. Texas, 97 F.4th 268, 274 (5th Cir. 2024). “The first two factors of the traditional standard are the most critical.” Texas, 97 F.4th at 274 (quoting Nken, 556 U.S. at 434). And, “[d]espite these clear-cut factors, the decision to issue a stay pending appeal ‘contemplate[s] individualized judgments in each case,’ and it ‘cannot be reduced to a set of rigid factors.’” McCraw, 623 F. Supp. 3d at 757 (quoting Hilton, 481 U.S. at 777). But “[a] stay pending appeal ‘is not a matter of right, even if irreparable injury might otherwise result.’” Texas, 97 F.4th at 274 (quoting Nken, 556 U.S. at 427). Here, while losing the Property may count as an irreparable injury to the Crears, the balance of the factors does not weigh in favor of the Court suspending or modifying the injunction pending appeal or otherwise entering a stay pending appeal. Crear Sr. only offers unsupported conclusions to support the Emergency Motion, consistent with how the Crears have defended this lawsuit. This lack of support – especially considered against the background of the more than a decade of proceedings leading to the judgment in this case – cannot sustain the extraordinary relief that Crear Sr. currently seeks. Similarly, in a case presenting a litigation odyssey like the Crears’ – but maybe Case 3:23-cv-00745-L-BN Document 108 Filed 02/24/26 Page 4 of 6 PageID <pageID>
- 5 - not as extended as theirs has been – Judge Lindsay rejected an attempt to waive a security requirement pending appeal, and his conclusions are equally applicable here: [T]he record indicates that Defendants have exploited the judicial process by initiating a handful of actions over the years to thwart U.S. Bank’s foreclosure attempts that began in March 2013, and they persisted in their effort to delay the inevitable even after their claims were dismissed with prejudice in a separate federal action. Defendants have, therefore, had a “free ride” at the Bank’s expense long enough. It would be patently unfair to delay foreclosure any longer while allowing them to remain in possession of the property without posting a bond in some amount pending their appeal. In other words, while allowing Defendants to continue to remain in the possession of the property without making any payments and not maintaining the property would preserve the status quo as far as they are concerned, it would not adequately protect U.S. Bank’s rights as the non-appealing party pending appeal. Richardson, 2020 WL 10050787, at *1; see id. at *2 (“This is simply another ‘Hail Mary’ tactic to avoid and delay foreclosure and continue to remain in possession of the property free and clear of their mortgage loan obligations.”). The Court should therefore deny the Emergency Motion. Recommendation The Court should deny Defendant Steven Crear, Sr.’s Emergency Motion to Stay Execution and Possession Pending Appeal [Dkt. No. 104]. A copy of these findings, conclusions, and recommendation shall be served on all parties in the manner provided by law. Any party who objects to any part of these findings, conclusions, and recommendation must file specific written objections within 14 days after being served with a copy. See 28 U.S.C. § 636(b)(1); FED . R. CIV. P. 72(b). In order to be specific, an objection must identify the specific finding or recommendation to which objection is made, state the basis for the objection, and Case 3:23-cv-00745-L-BN Document 108 Filed 02/24/26 Page 5 of 6 PageID <pageID>
- 6 - specify the place in the magistrate judge’s findings, conclusions, and recommendation where the disputed determination is found. An objection that merely incorporates by reference or refers to the briefing before the magistrate judge is not specific. Failure to file specific written objections will bar the aggrieved party from appealing the factual findings and legal conclusions of the magistrate judge that are accepted or adopted by the district court, except upon grounds of plain error. See Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1417 (5th Cir. 1996). DATED: February 24, 2026 _________________________________________ DAVID L. HORAN UNITED STATES MAGISTRATE JUDGE Case 3:23-cv-00745-L-BN Document 108 Filed 02/24/26 Page 6 of 6 PageID <pageID>
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