Texas
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1.3KA Former Democrat Becomes a Republican President and Hands His “Ole Pals” Controversial High Powered Positions in His Cabinet
Nine cabinet members, appointees and advisors have donated about $2.8 million to liberal groups and Democratic candidates as well. Mnuchin, for example,...
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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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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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2.8KDocuments 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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2.3KThis 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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3.0KA 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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4.7KTexas 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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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...
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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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2.1KWe 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...
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1.6KNo Leave Allowed when Not Requested and No Contract when You’re Late
Leave to Amend Motion to Dismiss: we conclude that Law did not request leave to amend his complaint at the district court...
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1.3KWe’ll Not Depart from a Supreme Court of Texas Precedent says Fifth Circuit
Where we rely on Texas Courts of Appeals opinions, we have determined not [to] depart from their holdings because we find them...
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2.4KThe Nation’s Largest Default Processing Operation is….
The Barrett Burke outsourcing operations, which in 1998 handled approximately 43 percent of all defaults experienced by MBA (Mortgage Bankers Association of...
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1.4K80 Reasons not to Inflate Home Appraisals in Texas
Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2006-1 AssetBacked Certificates, Series 2006-1, appeals the judgment voiding the...
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2.0KNo Accounting Needed, Just a Questionable Statement via Affidavit is Suffice to Foreclose
If you’re not familiar with the affidavit sham, take notice. Banks, foreclosure lawyers, servicers and their employees are committing perjury via false...
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2.1KWhat Void Can and Cannot Do in Texas Law
So let's get this in perspective folks, a shaky reason for voiding the TRO means the wrongful foreclosure claim was tossed, yet...
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2.3KAlleged Robo-signing Rejected by Fifth Circuit
The year 2013 has seen a steady stream of unpublished opinions favoring mortgage servicers, followed by a published opinion affirming a MERS...
