Among other points raised in a challenge to a foreclosure on a Texas home equity loan, the trial court observed: “the curious backdating of the [assignment] confirms the suspicion that this document was generated to obscure the chain of title inquiry rather than to illuminate it.”
In reversing the judgment below, on this point the Fifth Circuit held:
“At least two Texas Courts of Appeals have considered this very question, and both have held that an assignment may have a retroactive ‘effective date.’”
Deutsche Bank v. Burke, No. 15-20201 (June 9, 2016, unpublished).