Are Property Taxes Delinquent or in Default when paid via Escrow?

In the Fifth Circuit Court of Appeals decision,  Copeland v Wells Fargo  they dismissed the homeowners claims about his property tax being delinquent, not in default in this wrongful foreclosure case , e.g.

“Plaintiff-Appellant Paul E. Copeland, Jr. (“Copeland”) sued Wells Fargo Bank (Wells Fargo) and Federal National Mortgage Association alleging breach of contract and wrongful foreclosure relating to a property in Cedar Creek, Bastrop County, Texas (the “Property”), in state court.

Copeland focuses on the question of whether his taxes were in “default” or merely “delinquent.” As the district court carefully explained, Copeland’s failure to timely pay his taxes was a default under the note and deed of trust, regardless of how Bastrop County characterized it, thus authorizing Wells Fargo’s actions.

Copeland failed to raise a material issue of fact negating Wells Fargo’s evidence, and his arguments are legally irrelevant. See Diaz v. Kaplan Higher Educ., L.L.C., 820 F.3d 172, 176 (5th Cir. 2016) (explaining that the party opposing summary judgment must point to specific evidence that supports the claim and refutes the movant’s evidence).

Since his wrongful foreclosure claim is based upon the same arguments, that claim fails as well.  Therefore, for substantially the same reasons set forth in the thorough district court opinion, we AFFIRM. ”

Before JOLLY, OWEN, and HAYNES