Fifth Circuit
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1.4KChanging the Door Locks in Texas, Nae Problem, Sayeth Fifth
In this particular Opinion, the McZeals' seem overwhelmed in their brief and end up with a lot of content but no focus...
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5.8KToo Much Content without any Zeal, Says Fifth Circuit
In this particular Opinion, the McZeals' seem overwhelmed in their brief and end up with a lot of content but no focus...
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2.6KQuiet Title Review in Smitherman Case
In June 2016, Smitherman filed his fourth lawsuit in state court relating to this mortgage dispute to prevent a fourth foreclosure attempt.
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1.3KMillions of Credits, it’s all Rather Taxing
Williams brought this commercial mortgage lawsuit for breach of contract, among other claims, which has been sent back to the lower court...
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1.5KA ‘Genuine Dispute’ gets Deutsche Bank a Reprieve
Castrellon brought this lawsuit, saying that agreement was made with Deutsche Bank but they later reneged. That's fine says the Fifth Circuit,...
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3.3K1It’s a Void Deed of Trust, but Foreclose Anyway Bankers
SGK raised concerns about the identity and existence of the true holder and owner of the Note and Deed and ceased making...
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1.4KDuplication of Case Earns Short Shrift at Fifth
A one-liner from the Fifth Circuit dismissing homeowner's lawsuit. This appeal is dismissed for want of jurisdiction based upon binding precedent in...
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1.7KAre You Bloody Kidding Thrice? And a Caution
In this particular Opinion, it’s spits out that the litigant is not going to receive free filing due to being IFP, but...
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1.3KTexas Debt Collection Act (TDCA) Claim Dismissed by Fifth Circuit
A TDCA claim by the Clarks' at the Fifth Circuit is repelled, keeping Deutsche Bank as the now standard winners in this...
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1.5KGreen Tree’s Questionable Loan Modification Gets Nod from Fifth
In this case, homeowner Strong claimed TDCA regarding loan mod, but the Fifth Circuit dismissed arguments again, even though Green Tree did...
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3.1KWhere a Statutory Violation Creates the ‘Risk of Real Harm’
Procedurally, while the summary judgment did not follow the traditional Rule 56 schedule, the Fifth Circuit found no harm because ARS had...
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1.9KTo QWR or Not, That is the Question
CitiMortgage sought to foreclose on Maldonado’s home; in the subsequent litigation, it offered summary judgment evidence that he owed a balance of...
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2.0KWrongful Foreclosure is Okay, Claim Damages After You’re Evicted
Foster sued about a foreclosure; the state court granted a TRO (so no foreclosure occurred); and the mortgage servicer defendants removed and...
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2.7KDocuments Backdated by the Bankers to Take Your Home, No Problem says Fifth Circuit
Among other points raised in a challenge to a foreclosure on a Texas home equity loan, the trial court observed: “the curious...
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2.9KA Mortgage Servicer can Violate the Texas Finance Code
A mortgage servicer can violate the Texas Finance Code by asserting legal rights it does not actually have. See McCaig v. Wells...
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4.6KTexas Finance Code section 392.403 creates a private right of action for TDCA violations
A mortgage servicer can violate the Texas Finance Code by asserting legal rights it does not actually have. See McCaig v. Wells...
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2.1KCourt Guide for Bankers on How to Present Fake Documents Now Available
Foreclosure laws; Can a note be endorsed with a photocopied signature? Yes. Can a “deed of trust be signed in separate but...
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2.0KWe don’t care if the Loan was Extinguished by Prior Payments, Foreclose on the Homeowner anyway
Shaver alleged that a servicer “was unjustly enriched by failing to apply credit default swap payments and other payments to their loan...
