Unreported / Non-Citable
Background
Lakeview Loan Servicing, LLC sued to foreclose on specific real property owned by Carol Bequette in Justin, Texas. Lakeview alleged that Bequette defaulted on a note and deed of trust executed in April 2016. It sent a notice of default by certified mail in October 2024 and, after the default was not cured and the debt was accelerated, sent a notice of acceleration by regular and certified mail in June 2025.
The court entered a consent order concerning the United States on behalf of the Secretary of Housing and Urban Development and later entered final default judgment against Bequette and Hardemen Estates Homeowners Association, Inc. Lakeview then sought $4,257 in attorney’s fees and $1,000 in paralegal fees incurred in enforcing its interest in the property. Bequette and the association did not respond to the fee motion.
The Court’s Holding
The court granted Lakeview’s motion and awarded the requested $5,257. Applying the lodestar method, it found that 12.9 attorney hours at $330 per hour—12.5 hours by John R. Osborne Jr. and 0.4 hours by Crystal G. Gibson—were reasonable, producing $4,257 in attorney’s fees.
The court also found reasonable the requested $1,000 for 10 hours of paralegal work billed at $100 per hour. Although Lakeview did not address the Johnson adjustment factors, the court concluded that no adjustment to the presumptively reasonable lodestar was warranted. It ordered Bequette and the association to pay the total award within 14 days.
Key Takeaways
- The court approved a $330 hourly rate for Lakeview’s attorneys based on Texas rate information adjusted for inflation and the court’s own assessment of prevailing rates.
- The court found both the 12.9 attorney hours and the 10 paralegal hours reasonably expended in the foreclosure action.
- No Johnson adjustment was necessary, leaving the combined attorney and paralegal fee award at $5,257.
Why It Matters
The order illustrates how courts in the Eastern District of Texas evaluate fee requests under the lodestar method, including reliance on State Bar rate surveys, inflation data, billing records, and judicial experience. It also shows that paralegal time may be included when the applicant documents reasonable hours and market rates.