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.

No Free Home: Judge Marcia A. Crone Recused. Reassigned to Judge Michael J. Truncale

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

Ironic: Judge Dedra Davis Has a Law Firm Violatin’ Texas Law and Much More…

Counsel does not separate the Garnishment Petition from Exhibits and Affidavit as Court demands. Are the basic rules exempt for Violators?

Better by the Dozen. Judge Patrick Higginbotham and Chief Judge Lee Rosenthal Stand Together

LIT has witnessed the Noah’s Ark Doctrine at the Eleventh Circuit. Now the Sister Courts in Texas are Adopting the Doctrine.

Tafacory v. Deutsche Bank National Trust Company


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 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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