Foreclosures
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5.9KToo 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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2.9KQuiet 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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1.4KA Failed Recusal and An Investment Lost
A disgruntled residential property investor gets no sympathy at the Fifth Circuit, keeping Deutsche Bank and Ocwen as the winners in this...
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1.4KMillions 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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1.7KA ‘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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1.4KA Valentines Day Opinion with a Thorny Message for Homeowners
The homeowners brought this lawsuit, but failed to present arguments sufficiently. The court 3-panel said if it was done correctly, it could...
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3.4K1It’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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1.5KDuplication 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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1.8KAre 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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1.6KTexas Orders Ocwen to Cease and Desist, then Settles with PayOff
Ocwen, a residential mortgage servicer in Texas was ordered to cease and desist by the Texas Department of Savings and Mortgage Lending.
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1.6KGreen 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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1.9KAre Property Taxes Delinquent or in Default when paid via Escrow?
In the Fifth Circuit Court of Appeals decision, Bartolowits v Wells Fargo they evaded the motion to amend by the usual call, first argument...
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2.0KTo 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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2.1KWrongful 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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2.9KDocuments 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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2.5KThis Is How My QWR “Foreclosed” Wells Fargo
Upon receipt of the documents and answers, an exam and audit may be conducted that may lead to a further document request...
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1.7KThe Ninth Circuit’s Message to MERS: Robosigning, Backdating and False Documentation is the Road to Quiet Title for Homeowners
In this MERS Complaint by Homeowners, the 9th Circuit Opinion by Judge W. Fletcher Allows Quiet Title and Damages for Wrongful Filing...
