Appellate Judges

Expedited Foreclosure under Rule 736

Texas law provided the Burciagas an adequate procedure to challenge the Foreclosure Order by filing an independent suit in a court of competent jurisdiction.A Rule 736 proceeding is not “an ordinary lawsuit,” but rather “a faster, more streamlined alternative to judicial foreclosure.

HIGGINSON, STEPHEN A.

COSTA, GREGG J.

Edward Charles Prado was a federal judge on the United States Court of Appeals for the 5th Circuit. He joined the court in 2003 after being nominated by President George W. Bush. He retired from the court on April 2, 2018, to take a position as an ambassador in President Donald Trump’s administration.

A Rule 736 proceeding is not “an ordinary lawsuit,” but rather “a faster, more streamlined alternative to judicial foreclosure.” Huston v. U.S. Bank Nat’l Ass’n, 359 S.W.3d 679, 682 (Tex. App.—Houston [1st Dist.] 2011, no pet.). Once the petitioner files a Rule 736 application for foreclosure, if the respondent files a response, Rule 736.6 requires that the court hold an evidentiary hearing before issuing an order on the application.

A Rule 736 order “is without prejudice and has no res judicata, collateral estoppel, estoppel by judgment, or other effect in any other judicial proceeding.” Tex. R. Civ. P. 736.9. “After an order is obtained, a person may proceed with the foreclosure process under applicable law and the terms of the lien sought to be foreclosed.” Id. Rule 736 also provides an exclusive procedure for challenging an order on a Rule 736 application: “Any challenge to a Rule 736 order must be made in a suit filed in a separate, independent, original proceeding in a court of competent jurisdiction.” Id. at 736.8(c) (emphasis added).

An order granting or denying a Rule 736 application “is not subject to a motion for rehearing, new trial, bill of review, or appeal.” Id. However, if a party files an independent suit challenging a Rule 736 foreclosure order before 5:00 p.m. on the Monday before the scheduled foreclosure sale, the Rule 736 proceeding or order is automatically stayed. Id. at 736.11(a). Once the Rule 736 court is notified that an independent suit has been filed challenging the Foreclosure Order, the court is required to dismiss the Rule 736 proceeding or vacate the foreclosure order. Id. at 736.11(c). “If the automatic stay under [Rule 736.11] is in effect, any foreclosure sale of the property is void.” Id. at 736.11(d).

Here, as we detailed above, Texas law provided the Burciagas an adequate procedure to challenge the Foreclosure Order by filing an independent suit in a court of competent jurisdiction. See Tex. R. Civ. P. 736.8. The Burciagas, however, never argued that this lawsuit constitutes a Rule 736.8 proceeding. The Burciagas cannot forgo procedures and remedies available to correct a state procedural error, and then belatedly claim they were denied due process because of that error.

A prior unpublished opinion of this court reached the opposite conclusion. In Magor v. GMAC Mortg., L.L.C., 456 F. App’x 334, 335–36 (5th Cir. 2011), we held that Rooker- Feldman barred review of a claim “inextricably intertwined” with a foreclosure order issued pursuant to Tex. R. Civ. P. 736. In so holding, the Magor court did not discuss our circuit’s exception for judgments with no preclusive or res judicata effect. Further, the panel did not address the peculiarities of Rule 736 proceedings and did not recognize that Texas law specifically allows for collateral attacks on Rule 736 foreclosure orders “in a court of competent jurisdiction.” Because Magor is non-binding, see 5th Cir. R. 47.5.4, we decline to follow its reasoning.

Top 10 Foreclosed Housing Markets in November 2020

December 11th, 2020 | Republished by LIT: Dec 27, 2020

The key takeaways from ATTOM Data Solutions’ newly released November 2020 U.S. Foreclosure Market Report revealed that foreclosure filings were down 14 percent from October 2020, Florida posted the highest foreclosure rate and greatest number of REOs, and while foreclosure starts were down across the nation, a few states did see monthly increases in November 2020.

According to ATTOM’s latest foreclosure market analysis, there were 10,042 U.S. properties with foreclosure filings — default notices, scheduled auctions or bank repossessions — in November 2020. While reported just a dip from the previous month, that figure is still down 80 percent from November 2019.

ATTOM’s November 2020 foreclosure report also noted that nationwide one in every 13,581 housing units had a foreclosure filing during the month. The report mentioned the states with the highest foreclosure rates were Florida (one in every 7,109 housing units with a foreclosure filing); Illinois (one in every 7,285 housing units); Oklahoma (one in every 8,128 housing units); New Mexico (one in every 9,236 housing units); and Delaware (one in every 9,310 housing units).

The analysis also reported that lenders foreclosed (REO) on a total of 2,010 U.S. properties in November 2020, down 22 percent from October 2020 and down 86 percent from November 2019. The report noted that the states with the greatest number of completed foreclosures (REOs) in November 2020, included Florida (273 REOs filed); Illinois (167 REOs filed); California (164 REOs filed); Arizona (141 REOs filed); and Georgia (117 REOs filed).

Also, according to the November 2020 report, among the metro areas with a population greater than 1 million, those with the greatest number of REOs filed in November 2020, included Chicago, IL (114 REOs filed); Phoenix, AZ (93 REOs filed); Atlanta, GA (88 REOs filed); Birmingham, AL (60 REOs filed); and Miami, FL (58 REOs filed).

In this post, we take a deep data dive to isolate the top 10 county-level housing markets, among those with a population greater than 500,000, that posted the greatest number of REOs filed in November 2020. Those counties include: Cook County, IL (71 REOs filed); Jefferson County, AL (58 REOs filed); Jefferson County, KY (39 REOs filed); Duval County, FL (38 REOs filed); Saint Louis County, MO (31 REOs filed); Los Angeles County, CA (28 REOs filed); Palm Beach County, FL (27 REOs filed); Lake County, IL (25 REOs filed); Riverside County, CA (18 REOs filed); and Broward County, FL (18 REOs filed).

The key takeaways from ATTOM Data Solutions’ newly released November 2020 U.S. Foreclosure Market Report revealed that foreclosure filings were down 14 percent from October 2020, Florida posted the highest foreclosure rate and greatest number of REOs, and while foreclosure starts were down across the nation, a few states did see monthly increases in November 2020.

According to ATTOM’s latest foreclosure market analysis, there were 10,042 U.S. properties with foreclosure filings — default notices, scheduled auctions or bank repossessions — in November 2020. While reported just a dip from the previous month, that figure is still down 80 percent from November 2019.

ATTOM’s November 2020 foreclosure report also noted that nationwide one in every 13,581 housing units had a foreclosure filing during the month. The report mentioned the states with the highest foreclosure rates were Florida (one in every 7,109 housing units with a foreclosure filing); Illinois (one in every 7,285 housing units); Oklahoma (one in every 8,128 housing units); New Mexico (one in every 9,236 housing units); and Delaware (one in every 9,310 housing units).

The analysis also reported that lenders foreclosed (REO) on a total of 2,010 U.S. properties in November 2020, down 22 percent from October 2020 and down 86 percent from November 2019. The report noted that the states with the greatest number of completed foreclosures (REOs) in November 2020, included Florida (273 REOs filed); Illinois (167 REOs filed); California (164 REOs filed); Arizona (141 REOs filed); and Georgia (117 REOs filed).

Also, according to the November 2020 report, among the metro areas with a population greater than 1 million, those with the greatest number of REOs filed in November 2020, included Chicago, IL (114 REOs filed); Phoenix, AZ (93 REOs filed); Atlanta, GA (88 REOs filed); Birmingham, AL (60 REOs filed); and Miami, FL (58 REOs filed).

In this post, we take a deep data dive to isolate the top 10 county-level housing markets, among those with a population greater than 500,000, that posted the greatest number of REOs filed in November 2020. Those counties include: Cook County, IL (71 REOs filed); Jefferson County, AL (58 REOs filed); Jefferson County, KY (39 REOs filed); Duval County, FL (38 REOs filed); Saint Louis County, MO (31 REOs filed); Los Angeles County, CA (28 REOs filed); Palm Beach County, FL (27 REOs filed); Lake County, IL (25 REOs filed); Riverside County, CA (18 REOs filed); and Broward County, FL (18 REOs filed).

ATTOM’s November 2020 foreclosure market analysis also reported that a total of 5,256 U.S. properties started the foreclosure process in November 2020. That number was down 13 percent from October 2020 and down 79 percent November 2019.

The states that saw monthly increases in foreclosure starts in November 2020, included Missouri (up 18 percent), Indiana (up 14 percent), Georgia (up 4 percent), Arizona (up 1 percent), and Texas (up 1 percent).

Among those metros with a population greater than 1 million, those with the greatest number of foreclosure starts in November 2020 were New York, NY (454 foreclosure starts); St. Louis, MO (208 foreclosure starts), Chicago, IL (207 foreclosure starts); Miami, FL (151 foreclosure starts); and Los Angeles, CA (147 foreclosure starts).

In drilling down to the county-level, among those counties with a population greater than 500,000, the top 10 with the greatest number of foreclosure starts in November 2020 were Cook County, IL (125 foreclosure starts); Los Angeles County, CA (111 foreclosure starts); Saint Louis County, MO (106 foreclosure starts); Harris County, TX (103 foreclosure starts); Maricopa County, AZ (92 foreclosure starts); Miami-Dade County, FL (79 foreclosure starts); Suffolk County, NY (69 foreclosure starts); El Paso County, TX (64 foreclosure starts); Kings County, NY (58 foreclosure starts); and Dallas County, TX (56 foreclosure starts).

Eight Reasons Why You Cannot Trust a Federal Judge to Follow Their Oath nor The Rule of Law

Self-dealing caused Judge Bennett to enter judgment against Plaintiffs and equity will not enforce judgments procured by fraud.

Who is Turncoat Lawyer Jason LeBoeuf, Former BDF Hopkins Employee, Now ‘Of Counsel’ Vilt Associate

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A 3-Panel consisting of familiar Judges Charles Wilson, Kevin Newsom and R Lanier Anderson defies logic and the law in this perverted opinion.

Expedited Foreclosure under Rule 736
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Laws In Texas is a blog about the Financial Crisis and how the banks and government are colluding against the citizens and homeowners of the State of Texas and relying on a system of #FakeDocs and post-crisis legal precedents, specially created by the Court of Appeals for the Fifth Circuit to foreclose on homeowners around this great State. We are not lawyers. We do not offer legal advice. We are citizens of the State of Texas who have spent a decade in the court system in Texas and have been party to during this period to the good, the bad and the very ugly.

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