Fifth Circuit
-
2.6KThe Truth About Political Intervention for Citizens and Consumers: There is None: You’re on Your Own
During the run-up of the housing bubble, banks acquired thousands of subprime mortgages and turned them into securities. They created trusts as...
-
1.6KPer Curiam Opinions at the Fifth Circuit in Foreclosure Cases is on the rise in 2019
For the reasons stated above, the district court’s grant of summary judgment is AFFIRMED.
-
2.5KIt’s Crear the Fifth Circuit will not Liberally Construe any Pro Se Arguments in Foreclosure Cases
Homeowner Crear sued his lender and its loan servicer to prevent them from foreclosing on his property. Motion denied in favor of...
-
1.4KNo Reyes of Hope as Fifth Circuit Manipulates Numbers to Ignore It’s Own Precedent FDCPA Case Law
Before recording a privilege, (aka, start foreclosure proceedings) Steeg Law’s practice is to transmit lien letters to unit owners. These letters relate...
-
3.6KTexas “Consumer” Attorney Behind “Squatter Rights” Lawsuits to Stop Foreclosure
Senior U.S. District Judge Harry Lee Hudspeth found two of DTND’s lawsuits to be frivolous and filed in bad faith for the...
-
2.3K1The Fifth Circuit’s Favorite 3-Panel Foreclosure Panel Names Mortgage Servicer as “the Bank”
First, it assumes that the acceleration notice was for only the original loan amount. But the deed of trust granted the Bank...
-
1.8KFifth Circuit Court Opinion on Judicial Misconduct: Don’t Do Your Job When It Involves Judicial Misconduct, Turn a Blind Eye
The Fifth Circuit panel ruled — go read it if you don’t believe me — that Anderson had no case for retaliation...
-
1.4KDeutsche Bank Control the Foreclosure Docket at the Fifth Circuit in January 2019
LOAN MODIFICATION: The Criswells therefore failed to accept that offer in strict compliance with its terms as well. Accordingly, neither agreement constituted...
-
1.5KThe Fifth Circuit Bakes a Riddle to Favor Banks Against Homeowner Rights
The opinion is a good news for lenders and bad news for homeowners as there is now some precedent that lenders cannot...
-
3.2KThe Fifth Circuit’s “Selective” Rule of Orderliness Opinion
Thompson v. Dallas City Attorney’s Office appears to present the first use, in the history of the federal judiciary, of both the...
-
1.3KThe US Supreme Court Slaps Fifth Circuit Panel of Graves, Higginbotham and Higginsons Decision Not to Arbitrate
The wholly groundless exception to arbitrability is inconsistent with the Federal Arbitration Act and this Court’s precedent. Under the Act, arbitration is...
-
1.9KCan We Get a P-Wease for a Two Count Remand Against Ocwen for Breach of Contract?
It appears that the Fifth Circuit Court of Appeals has a New Years Resolution in relation to review of foreclosure cases by...
-
1.4KWe’ll Protect Attorney Immunity no Matter What Negligence Prevailed says Fifth Circuit
Schiff Hardin’s conduct falls squarely within the scope of the firm’s representation of its client. This court is not bound to accept...
-
1.5KDissenting Justice Alito of the US Supreme Court for the Fifth Circuit and the FDCPA.
FDCPA This case presents the question whether the bona fide error defense in applies to a violation resulting from a debt collector's...
-
1.5KThe Fifth Circuit’s Carol: Have Yourself a Merry Little Christmas
Carol Paselk sued the defendants for foreclosing on her residential property. Representative Farenthold publicly promised to reimburse the U.S. Treasury for $84,000...
-
1.7K
The Judicial Exception: A Mandate, A Mortgage and a Prisoner
Randy Dewayne Pittman appeals his sentence of 51 months in prison, imposed following his guilty plea conviction of possession of a firearm...
-
1.4KA Toxic Decision is Reversed for Remand back to the State Court
In this toxic spill and personal injury claim, the plaintiff, Crumpian, appeals from a summary judgment dismissing his suit.We VACATE the judgment...
-
1.4KNo Mailbox Rule for Non-Prisoners, exclaims The Fifth Circuit
Debra Lohri’s notice of appeal from the bankruptcy court to the district court arrived at the office of the bankruptcy clerk a few...
