Acceleration Fails, the Homeowner Wins Dismissal at Fifth Circuit

In this foreclosure case the panel dismissed the claims in a short affirmation in favor of Bank of America, claiming failure to meet Rule 56 Burden.

In this foreclosure case the panel dismissed the claims of the lender, Wilmington and ruled for the homeowners.

“Kcevin and Angel Rob defaulted on a home equity loan. The Robs’ lender, Wilmington Trust, sued for a judgment permitting foreclosure. The district court granted summary judgment in Wilmington Trust’s favor. The Robs appeal, arguing that Wilmington Trust is not entitled to foreclosure because the company failed to prove that it provided adequate notice of intent to accelerate. Agreeing, we reverse the summary judgment and render a judgment of dismissal.”

Wilmington Trust v Rob


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Laws In Texas is a blog about the Financial Crisis and how the banks and government are colluding against the citizens and homeowners of the State of Texas and relying on a system of #FakeDocs and post-crisis legal precedents, specially created by the Court of Appeals for the Fifth Circuit to foreclose on homeowners around this great State. We are not lawyers. We do not offer legal advice. We are citizens of the State of Texas who have spent a decade in the court system in Texas and have been party to during this period to the good, the bad and the very ugly.

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