Appellate Circuit

CA5: We Don’t Care About the FBI’s Financial Institution Fraud. We Care About Deutsche Bank.

Both the lower court District Judge Sean Jordan of E.D. Tex. and the Fifth Circuit 3-panel blame the homeowner for the home valuation.

LIT Comment: As Soon As Judge Higginbotham is on a Panel, Judge Higginson Complies with the Majority.

Tafacory v. Deutsche Bank (5th Cir., Dec. 2021)

DEC 17, 2021 | REPUBLISHED BY LIT: DEC 17, 2021

Before Higginbotham, Higginson, and Duncan, Circuit Judges. Per Curiam:*

The Texas Constitution provides that a home equity loan may not exceed eighty percent of the home’s fair market value on the date the loan is made. TEX. CONST. art. XVI, § 50(a)(6)(B).

If a lender violates this provision, it forfeits the loan’s principal and interest. Id. § 50(a)(6)(Q)(x).

However, a lender may conclusively rely on a homeowner’s written acknowledgement of a property’s fair market value when the acknowledged value matches the property’s appraised value, unless the lender has actual knowledge that this value is incorrect. Id. § 50(h).

On May 25, 2006, Masoud Michael Tafacory executed a $584,000 home equity loan with Long Beach Mortgage Company.

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Did Judge Crone recuse because of (a) BONYM or (b) Because George P. Bush is the Texas General Land Office Commissioner?

Tafacory v. Deutsche Bank National Trust Company

(4:19-cv-00886)

District Court, E.D. Texas

CA5: We Don’t Care About the FBI’s Financial Institution Fraud. We Care About Deutsche Bank.
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Laws In Texas first started as an independent investigative blog about the Financial Crisis and how the Banks and Government are colluding against the citizens and homeowners of the State of Texas, relying upon 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. That stated, LIT's Blog has grown tremendously during the three or so years it has been operating and our reach is now nationwide as we expand via our micro-blogs in various states. Join us as we strive to bring back justice and honor to our Judiciary and Government employees, paid for by Citizens.

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