Texas
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2.2K1The 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...
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3.8KFDIC Bank Financial Crisis Settlements: Professional Liability Settlement Agreements by State since 2008
The FDIC brings actions against professionals who have acted negligently and contributed to the failure of an insured institution. These suits maximize...
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1.7KFifth 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...
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1.3KDeutsche 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...
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1.4KThat’s a Rap
No Retainer Agreements or Engagement Letters? No Fiduciary Relationship Between Bank Lawyers And Alleged Creditor? The Secret Veil that's been Pierced Confirms...
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1.4KThe 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...
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3.1KThe 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...
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2.1K2Lyin’ Ted: An Attorney Who Claims Amnesia About the Law
Bank loans to candidates and loans derived from advances on a candidate’s brokerage accounts, credit cards, home equity line of credit, or...
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1.2KThe 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...
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1.3KEditors Choice: Is Foreclosure Debt Collection? The US Supreme Court Heard Oral Arguments on Monday (Minus a Recovering Justice Ginsberg)
Justice Samuel Alito (for the Fifth Circuit) seemed the most receptive to that argument (a foreclosure is NOT a debt collection), telling...
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2.7KOcwen: The “Chosen” Sub Servicer for the Banking Industry Continues to Grow with Fake WatchDog Lawsuits Used as Decoys to Pacify the Public Glare
Ocwen is propped up financially by New Residential Investment Corp. (NRI) which had swept in Phoenix-like in the wake of the April,...
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1.8KCan 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...
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1.6KSupreme Court of Florida Decides Homeowner is Entitled to Attorney Fees in Foreclosure Case
Because our case law is clear that a voluntary dismissal of an appeal renders the opposing party the prevailing party for the...
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1.3KWe’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...
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1.3KEditors Choice: Is Foreclosure Debt Collection? The US Supreme Court to Decide if FDCPA Applies to Foreclosure Mills and Bounty Hunting Attorneys
Were the Supreme Court to want to include attorneys effecting nonjudicial foreclosures under the FDCPA’s definition of debt collectors, it might find...
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1.4KDissenting 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...
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1.2K1From a Disgraced Politician to Lobbyist : The Tale of Former Rep. Blake Farenthold
We note Representative Farenthold publicly promised to reimburse the U.S. Treasury for $84,000 in funds paid to settle the lawsuit brought against...
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1.4KThe 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...
