Exhibit 6

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IN THE UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION 

JEFFREY RAY GROOMS, INDEPENDENT § 

ADMINISTRATOR OF THE ESTATE OF § 

EVELYN CHRISTINE GROOMS, 

DECEASED, 

Plaintiff, 

vs. 

THE BANK OF NEW YORK MELLON 

§ 

§ 

§ 

§ 

§ 

§ NO. 4:19-CV-364-A 

§ 

§ 

TRUST COMPANY, N.A., AS TRUSTEE § 

FOR MORTGAGE ASSETS MANAGEMENT § 

SERIES I TRUST, ET AL., 

Defendants. 

§ 

§ 

§ 

ORDER 

U.S. DISTRICT COURT 

NORTHERN DISTRICT OF TllXAB 

FILED 

"~·-·~······~ 

JUN 2 3 2020 

-----· CLERK, U.S. D!STJUCT COURT 

ll~--,.,---.---- D~Jm1y 

By order signed June 8, 2020, the court noted its concern 

regarding jurisdiction over this case and ordered the parties to 

file briefs discussing whether the probate exception or Burford' 

abstention applies. The court has received and reviewed the 

responses and has determined that the case should be remanded to 

the probate court from which it was removed. 

Pursuant to the probate exception, a federal court lacks 

jurisdiction to probate a will or administer an estate. See 

Curtis v. Brunsting, 704 F. 3d 406, 408 (5th Cir. 2013). The 

exception also reserves to state probate courts the disposition 

of property in the custody of the state probate court. Id., 704 

F.3d at 409. To determine whether the probate exception deprives 

'Burford v. Sun Oil Co., 319 U.S. 315 (1943). 

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the court of jurisdiction, the court considers whether (1) the 

property in dispute is within the custody of the probate court, 

and (2) the plaintiff's claims would require the federal court 

to assume in rem jurisdiction over the property. Id. 

In this case, plaintiff, Jeffrey Ray Grooms, filed in the 

Probate Court No. 1 of Tarrant County, Texas, an application to 

determine heirship and for independent administration of his 

mother's estate.' He was granted letters of independent 

administration. Defendants, The Bank of New York Mellon Trust 

Company, N.A., as Trustee for Mortgage Assets Management Series 

I Trust, and Compu-Link Corporation, sent to plaintiff's 

attorney a notice of default and intent to accelerate, stating 

that the death of plaintiff's mother, Evelyn Christine Grooms, 

constituted an event of default under the terms of a reverse 

mortgage she had entered into after the death of her husband, 

Ray Grooms. Defendants posted the property that secured the 

mortgage loan for foreclosure and plaintiff filed a petition for 

temporary restraining order, which was docketed as an ancillary 

proceeding in the probate court. The probate court granted the 

temporary restraining order and plaintiff posted a cash bond. 

Defendants then filed a notice of removal, bringing the case 

before this court on the basis of diversity jurisdiction. 

2 Plaintiff is the only child of Ray Grooms, who died intestate on February 8, 

2001, and Evelyn Christine Grooms/ who died intestate on May 2, 2018. 

2 

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Plaintiff seeks a declaration that the lien sought to be 

enforced by defendants is not "foreclosure eligible" and is 

void. He also seeks a declaration of quiet title and to recover 

damages for defendants' alleged violations of the Texas Finance 

Code and Texas Deceptive Trade Practices-Consumer Protection 

Act. Defendants have filed a counterclaim and third-party 

complaint' seeking declaratory judgment that plaintiff's mother 

was the sole owner of the real property at issue and had the 

authority to enter into the reverse mortgage at issue. They also 

seek a judgment for foreclosure of the lien together with an 

order of sale directing the Tarrant County sheriff or constable 

to seize and sell the property, among other causes of action. 

In Texas, a probate court obtains jurisdiction of a 

decedent's estate when an administration is opened. Wybrants v. 

Lehman, 307 S.W.2d 339, 341 (Tex. Civ. App.-Eastland 1957, writ 

ref'd n.r.e.). It does not lose that jurisdiction until the 

estate is closed. Hawkins v. Estate of Volkmann, 898 S.W.2d 334, 

343 (Tex. App.-San Antonio 1994, writ denied). Although discrete 

matters may be determined, the administration of the estate from 

the filing of the application for probate or administration 

until the decree of final distribution and the discharge of the 

personal representative is considered as one proceeding for 

3 The third-party defendants, Paula Grooms Davis and Michael Grooms, are 

children of Ray Grooms and a wife who preceded Evelyn Christine Grooms. 

3 

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purposes of jurisdiction. Tex. Estates Code § 32.001(d) 

entire proceeding is a proceeding in rem." Id. 

"The 

In this case, the record reflects that a one-half interest 

in the real property at issue is property of the Estate of 

Evelyn Christine Grooms, which is within the custody of the 

probate court. (A matter related to a probate proceeding 

includes an action for trial of title to real property that is 

estate property, including the enforcement of a lien against the 

property. Tex. Estates Code§§ 31.002(a) (5) & (c) (1)). Both the 

claim and counterclaim would require this court to assume in rem 

jurisdiction over the property. Plaintiff seeks to quiet title 

and defendants seek to foreclose. Accordingly, the probate 

exception applies. Marshall v. Marshall, 547 U.S. 293, 311-12 

(2006). 

The court is also persuaded that Burford abstention would 

be appropriate in this case. The causes of action arise under 

state law. The case requires inquiry into unsettled issues of 

state law regarding reverse mortgages under the Texas 

Constitution. The State's interest involved and the need for a 

coherent policy regarding such mortgages are paramount. And, the 

probate court is the court of original jurisdiction for all 

matters concerning decedent's estates. Aransas Project v. Shaw, 

775 F. 3d 641, 649 (5th Cir. 2014); Moore v. State Farm Fire & 

Cas. Co., 556 F.3d 264, 272 (5th Cir. 2009) 

4 

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The court ORDERS that this case be, and is hereby, remanded 

to the Probate Court No. 1 of Tarrant County, Texas, from which 

it was removed. 

SIGNED June 23, 2020. 

5 

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IN THE UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION 

JEFFREY RAY GROOMS, INDEPENDENT § 

ADMINISTRATOR OF THE ESTATE OF § 

EVELYN CHRISTINE GROOMS, § 

DECEASED, § 

§ 

Plaintiff, § 

§ 

VS. § NO. 4:19-CV-364-A 

§ 

THE BANK OF NEW YORK MELLON § 

TRUST COMPANY, N.A., AS TRUSTEE§ 

FOR MORTGAGE ASSETS MANAGEMENT § 

SERIES I TRUST, ET AL., § 

§ 

Defendants. § 

FINAL JUDGMENT OF REMAND 

In accordance with the order signed this date, 

The court ORDERS, ADJUDGES, and DECREES that this case be, 

and is hereby, remanded to the Probate Court No. 1 of Tarrant 

County, Texas, from which it was removed. 

SIGNED June 23, 2020. 

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