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Judge grants one-week continuance, orders substitution paperwork in estate foreclosure case

October 06, 2025 | Fort Bend County Court at Law No. 1, Texas Courts, Judicial, Texas


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Judge grants one-week continuance, orders substitution paperwork in estate foreclosure case
A probate judge granted a one-week continuance in '20 CPR 035222, the estate of Alvor Vazdivan, and ordered counsel to file a formal order documenting a substitution of counsel before the court will finalize the change. The court reset the application for foreclosure for Monday the 13th at 1:30 p.m. as an in-person docket, but allowed one participant to appear by Zoom for medical reasons.

The continuance and substitution arose after an agreed motion to substitute counsel was filed shortly before the hearing. Judge said, "I will grant the emergency motion for continuance, allow you 1 week, mister Brashear, to prepare for this ... application for foreclosure," and directed the substituted attorney to file a signed order so the court could make the substitution official.

Nick Frame, attorney for the applicant (identified in the record as Shellpoint), appeared in person and told the court he had been retained but was not yet the attorney of record. "I became aware of the hearing on Friday, October 3 when miss Naga reached out to me with an email from Courtney saying that because she was terminated, that she would not be showing up to this hearing," Frame said, describing the timeline that led to the late-filed substitution. Mister Brashear, who had filed the agreed substitution, told the court, "I did not. I was waiting on miss Courtney Lindsey, Lizzie to get back to me ..." and said the proposed order lacked his signature when first filed.

The judge instructed Brashear to file the order accompanying the substitution motion immediately so the court could sign it. The judge also set the next hearing time: "I'll see you on Monday at 01:30," and clarified the docket will be in person with the exception of one attorney allowed to Zoom because of medical issues.

During the hearing the court asked for and received an administrative status update to be available at the next docket. Jeffrey Sanson, who identified himself as the dependent administrator for the estate, summarized the estate assets: "In a nutshell, there were very few probate assets ... all but 1 of them were non probate or payable on death accounts," meaning several accounts listed beneficiaries and therefore were not subject to probate distribution. The court asked that a basic status update be filed for the next hearing so the parties and the court would be better informed.

Beyond scheduling and the substitution paperwork, the court reiterated a standing administrative requirement for periodic status updates, noting one of its orders called for updates every 30 days; one participant asked that the next update be provided so future hearings are not held "blind." No substantive ruling on the foreclosure application was made today other than the continuance and procedural directions to counsel.

The next scheduled hearing on the application for foreclosure is Monday the 13th at 1:30 p.m.; counsel were told to appear in person except for one party specifically allowed to join by Zoom.

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