How’s the Random Panel Selection Goin’ in 2020 CA5?
SEP 24, 2021
LIT’s reviewed the 31 foreclosure cases split between the 26 possible judges available for selection. Well, maybe 25 if you count out Benavides, the mysterious judge that sits on few panels. Duhe is ignored completely as he’s listed as a judge but inactive.
That stated, 29 of the 31 foreclosures are affirmed in favor of the banks or nonbanks. One partially remanded (Colbert v Wells Fargo) which has been dismissed with prejudice on Sept. 20, 2021. The other, Zepeda, well it was reversed and remanded but of course, the banks made a big win in Texas as a result of equitable subrogation and a big loss for homeowner protections under the Texas Constitution.
So another year, another clean sweep for the banks, care of the black robed executioners at the Court of Appeals for the Fifth Circuit.
THREE FORECLOSURE CASES
JAN 1 – DEC 31, 2020
WILLETT, DON R.
Cross v. Bank of N.Y. Mellon, No. 19-20462 (5th Cir. Jan. 22, 2020)
Stone v. Viegelahn (In re Stone), No. 19-51047 (5th Cir. June 17, 2020)
Huckaby v. HSBC Bank U.S., No. 19-50816 (5th Cir. July 9, 2020)
FOUR FORECLOSURE CASES
JAN 1 – DEC 31, 2020
WIENER, JACQUES L. (JR.)
Helmert v. Cenlar FSB, No. 19-60547 (5th Cir. Feb. 21, 2020)
Underwood v. Ocwen Loan Serv., No. 20-20227 (5th Cir. Sep. 30, 2020)
U.S. Bank v. Richardson, No. 20-10244 (5th Cir. Sep. 24, 2020)
Margolis v. James B. Nutter & Co., No. 19-40889 (5th Cir. Apr. 8, 2020)
EIGHT FORECLOSURE CASES
JAN 1 – DEC 31, 2020
STEWART, CARL E.
Constance v. Interstate Intrinsic Value Fund L.L.C., No. 19-11329 (5th Cir. June 23, 2020)
Casalicchio v. BOKF, N.A., 951 F.3d 672 (5th Cir. 2020)
Krystal One Acquisitions, L.L.C. v. Bank of Am., No. 19-20518 (5th Cir. Mar. 5, 2020)
Jordan v. U.S. Bank , No. 19-50916 (5th Cir. Sep. 10, 2020)
Kern v. Wells Fargo Bank, No. 19-20532 (5th Cir. Mar. 3, 2020)
Colbert v. Wells Fargo Bank, 20-10394 (5th Cir. Dec. 1, 2020)
Burch v. JPMorgan Chase Bank, No. 19-11175 (5th Cir. Sep. 17, 2020)
Lester v. Wells Fargo Bank, No. 18-30422 (5th Cir. Mar. 12, 2020)
SEVEN FORECLOSURE CASES
JAN 1 – DEC 31, 2020
SOUTHWICK, LESLIE H.
Underwood v. Ocwen Loan Serv., No. 20-20227 (5th Cir. Sep. 30, 2020)
Onabajo v. Household Fin. Corp. III, No. 19-50365 (5th Cir. Jan. 7, 2020)
Kanja v. Select Portfolio Servicing, No. 19-20549 (5th Cir. Mar. 10, 2020)
Daneshjou v. JPMorgan Chase Bank, No. 19-50503 (5th Cir. Apr. 2, 2020)
U.S. Bank v. Richardson, No. 20-10244 (5th Cir. Sep. 24, 2020)
Huckaby v. HSBC Bank U.S., No. 19-50816 (5th Cir. July 9, 2020)
Valenzuela v. Bank of N.Y. Mellon, No. 19-40951 (5th Cir. July 7, 2020)
SIX FORECLOSURE CASES
JAN 1 – DEC 31, 2020
SMITH, JERRY E.
Loza v. Select Portfolio Servicing, No. 19-40687 (5th Cir. June 26, 2020)
Domel v. JPMorgan Chase Bank, N.A., No. 19-50753 (5th Cir. Feb. 24, 2020)
Casalicchio v. BOKF, N.A., 951 F.3d 672 (5th Cir. 2020)
Riley v. Wells Fargo Bank, No. 19-20275 (5th Cir. Aug. 14, 2020)
Christiana Tr. v. Riddle, No. 20-10381 (5th Cir. Aug. 28, 2020)
Santiago v. Bank of N.Y. Mellon, No. 19-40842 (5th Cir. Apr. 28, 2020)
For the former Chief Judge to go on the record during oral argument in Colbert v. Wells Fargo Bank that he doesn’t know Texas foreclosure procedure when he’s sat on at least 8 foreclosure appeal panels in 2021 is both disingenuous and outrageous. He was also unprepared for the oral argument.
THREE FORECLOSURE CASES
OWEN, PRISCILLA R.
FFGGP, Inc. v. Specialized Loan Servicing, L.L.C., No. 20-10378 (5th Cir. Dec. 17, 2020)
Huckaby v. HSBC Bank U.S., No. 19-50816 (5th Cir. July 9, 2020)
Lester v. Wells Fargo Bank, No. 18-30422 (5th Cir. Mar. 12, 2020)
FOUR FORECLOSURE CASES
JAN 1 – DEC 31, 2020
OLDHAM, ANDREW “ANDY” S.
Riley v. Wells Fargo Bank, No. 19-20275 (5th Cir. Aug. 14, 2020)
Christiana Tr. v. Riddle, No. 20-10381 (5th Cir. Aug. 28, 2020)
Colbert v. Wells Fargo Bank, 20-10394 (5th Cir. Dec. 1, 2020)
Goad v. Steel, No. 19-50568 (5th Cir. Mar. 4, 2020) (Deutsche Bank)
SIX FORECLOSURE CASES
JAN 1 – DEC 31, 2020
KING, CAROLYN DINEEN, (MRS. REAVLEY)
FFGGP, Inc. v. Specialized Loan Servicing, L.L.C., No. 20-10378 (5th Cir. Dec. 17, 2020)
Cross v. Bank of N.Y. Mellon, No. 19-20462 (5th Cir. Jan. 22, 2020)
Stone v. Viegelahn (In re Stone), No. 19-51047 (5th Cir. June 17, 2020)
Riley v. Wells Fargo Bank, No. 19-20275 (5th Cir. Aug. 14, 2020)
Christiana Tr. v. Riddle, No. 20-10381 (5th Cir. Aug. 28, 2020)
Lester v. Wells Fargo Bank, No. 18-30422 (5th Cir. Mar. 12, 2020)
FIVE FORECLOSURE CASES
JAN 1 – DEC 31, 2020
JONES, EDITH H.
Onabajo v. Household Fin. Corp. III, No. 19-50365 (5th Cir. Jan. 7, 2020)
Kanja v. Select Portfolio Servicing, No. 19-20549 (5th Cir. Mar. 10, 2020)
Daneshjou v. JPMorgan Chase Bank, No. 19-50503 (5th Cir. Apr. 2, 2020)
Marsh v. Specialized Loan Servicing, L.L.C., No. 19-10034 (5th Cir. Jan. 17, 2020)
Valenzuela v. Bank of N.Y. Mellon, No. 19-40951 (5th Cir. July 7, 2020)
SIX FORECLOSURE CASES
JAN 1 – DEC 31, 2020
JOLLY, E. GRADY
Casalicchio v. BOKF, N.A., 951 F.3d 672 (5th Cir. 2020)
Onabajo v. Household Fin. Corp. III, No. 19-50365 (5th Cir. Jan. 7, 2020)
Kanja v. Select Portfolio Servicing, No. 19-20549 (5th Cir. Mar. 10, 2020)
Daneshjou v. JPMorgan Chase Bank, No. 19-50503 (5th Cir. Apr. 2, 2020)
Colbert v. Wells Fargo Bank, 20-10394 (5th Cir. Dec. 1, 2020)
Valenzuela v. Bank of N.Y. Mellon, No. 19-40951 (5th Cir. July 7, 2020)
Chief Justice Nathan Hecht of the Texas Supreme Court is part of the corrupt judiciary and his claims of protecting Texans homes is a fallacy.
ONE FORECLOSURE CASE
JAN 1 – DEC 31, 2020
HO, JAMES “JIM” C.
Zepeda v. Fed. Home Loan Mortg., 967 F.3d 456 (5th Cir. 2020)
NINE FORECLOSURE CASES
JAN 1 – DEC 31, 2020
HIGGINSON, STEPHEN A.
Constance v. Interstate Intrinsic Value Fund L.L.C., No. 19-11329 (5th Cir. June 23, 2020)
Loza v. Select Portfolio Servicing, No. 19-40687 (5th Cir. June 26, 2020)
Domel v. JPMorgan Chase Bank, N.A., No. 19-50753 (5th Cir. Feb. 24, 2020)
Krystal One Acquisitions, L.L.C. v. Bank of Am., No. 19-20518 (5th Cir. Mar. 5, 2020)
Walker v. Deutsche Bank Nat’l Tr. Co., No. 19-20355 (5th Cir. Feb. 12, 2020)
Anderson v. Wells Fargo Bank, 953 F.3d 311 (5th Cir. 2020)
Kern v. Wells Fargo Bank, No. 19-20532 (5th Cir. Mar. 3, 2020)
Santiago v. Bank of N.Y. Mellon, No. 19-40842 (5th Cir. Apr. 28, 2020)
Burch v. JPMorgan Chase Bank, No. 19-11175 (5th Cir. Sep. 17, 2020)
ONE FORECLOSURE CASE
JAN 1 – DEC 31, 2020
HIGGINBOTHAM, PATRICK E.
Marsh v. Specialized Loan Servicing, L.L.C., No. 19-10034 (5th Cir. Jan. 17, 2020). Foreclosure mill law firm Mackie Wolf awarded attorney fees by the panel in this curt opinion and where Marsh is appealing pro se.
THREE FORECLOSURE CASES
JAN 1 – DEC 31, 2020
HAYNES, CATHARINA
Helmert v. Cenlar FSB, No. 19-60547 (5th Cir. Feb. 21, 2020)
Zepeda v. Fed. Home Loan Mortg., 967 F.3d 456 (5th Cir. 2020)
Margolis v. James B. Nutter & Co., No. 19-40889 (5th Cir. Apr. 8, 2020)
FIVE FORECLOSURE CASES
JAN 1 – DEC 31, 2020
GRAVES, JAMES E. (JR)
Priester v. Deutsche Bank , No. 19-40158 (5th Cir. Oct. 9, 2020)
Cross v. Bank of N.Y. Mellon, No. 19-20462 (5th Cir. Jan. 22, 2020)
Stone v. Viegelahn (In re Stone), No. 19-51047 (5th Cir. June 17, 2020)
Zepeda v. Fed. Home Loan Mortg., 967 F.3d 456 (5th Cir. 2020)
Burch v. JPMorgan Chase Bank, No. 19-11175 (5th Cir. Sep. 17, 2020)
FOUR FORECLOSURE CASES
JAN 1 – DEC 31, 2020
ENGELHARDT, KURT E.
Loza v. Select Portfolio Servicing, No. 19-40687 (5th Cir. June 26, 2020)
FFGGP, Inc. v. Specialized Loan Servicing, L.L.C., No. 20-10378 (5th Cir. Dec. 17, 2020)
Priester v. Deutsche Bank , No. 19-40158 (5th Cir. Oct. 9, 2020)
Walker v. Deutsche Bank Nat’l Tr. Co., No. 19-20355 (5th Cir. Feb. 12, 2020)
ONE FORECLOSURE CASE
JAN 1 – DEC 31, 2020
ELROD, JENNIFER W.
Goad v. Steel, No. 19-50568 (5th Cir. Mar. 4, 2020) (Deutsche Bank)
When you’ve @DeutscheBankAG been fined billions of dollars for predatory lending and never lost a case at the Court of Appeals, that’s Ochlocracy and Corruption @uscourts https://t.co/81aavGkdrS pic.twitter.com/myfaudgN9I
— LawsInTexas (@lawsintexasusa) September 20, 2021
FOUR FORECLOSURE CASES
JAN 1 – DEC 31, 2020
DUNCAN, STUART K.
Underwood v. Ocwen Loan Serv., No. 20-20227 (5th Cir. Sep. 30, 2020)
Anderson v. Wells Fargo Bank, 953 F.3d 311 (5th Cir. 2020)
Marsh v. Specialized Loan Servicing, L.L.C., No. 19-10034 (5th Cir. Jan. 17, 2020)
U.S. Bank v. Richardson, No. 20-10244 (5th Cir. Sep. 24, 2020)
ONE FORECLOSURE CASE
JAN 1 – DEC 31, 2020
DENNIS, JAMES L.
Jordan v. U.S. Bank , No. 19-50916 (5th Cir. Sep. 10, 2020)
THREE FORECLOSURE CASES
JAN 1 – DEC 31, 2020
DAVIS, W. EUGENE
Domel v. JPMorgan Chase Bank, N.A., No. 19-50753 (5th Cir. Feb. 24, 2020)
Jordan v. U.S. Bank , No. 19-50916 (5th Cir. Sep. 10, 2020)
Santiago v. Bank of N.Y. Mellon, No. 19-40842 (5th Cir. Apr. 28, 2020)
SIX FORECLOSURE CASES
JAN 1 – DEC 31, 2020
COSTA, GREGG J.
Constance v. Interstate Intrinsic Value Fund L.L.C., No. 19-11329 (5th Cir. June 23, 2020)
Krystal One Acquisitions, L.L.C. v. Bank of Am., No. 19-20518 (5th Cir. Mar. 5, 2020)
Priester v. Deutsche Bank , No. 19-40158 (5th Cir. Oct. 9, 2020)
Helmert v. Cenlar FSB, No. 19-60547 (5th Cir. Feb. 21, 2020)
Kern v. Wells Fargo Bank, No. 19-20532 (5th Cir. Mar. 3, 2020)
Margolis v. James B. Nutter & Co., No. 19-40889 (5th Cir. Apr. 8, 2020)
TWO FORECLOSURE CASES
JAN 1 – DEC 31, 2020
CLEMENT, EDITH B.
Walker v. Deutsche Bank Nat’l Tr. Co., No. 19-20355 (5th Cir. Feb. 12, 2020)
Goad v. Steel, No. 19-50568 (5th Cir. Mar. 4, 2020) (Deutsche Bank)
ONE FORECLOSURE CASE
JAN 1 – DEC 31, 2020
BARKSDALE, RHESA H.
Anderson v. Wells Fargo Bank, 953 F.3d 311 (5th Cir. 2020)
A Deep Dive into Farkas I (2011) and Farkas II (2016) Provide Fifth Circuit Foreclosure Paradoxes
A review of legal procedures in federal court foreclosure proceedings show selective application of the laws and glossed opinions.
Lender Application Fraud: Homeowners Pay The Price Due to Judicial Corruption and Gov. Interference.
U.S. Attorney’s and investigative partners across the country are selectively committed to holding lenders accountable for liar loans.
Time Necessary to File Initial Brief After Yesterday’s Confirmation of Judicial Bias at 5th Circuit
In the interest of justice, widower and elder victim of financial and judicial fraudulence seeks 30 day extn of time to file initial brief.
Stand out Cases
Zepeda v. Fed. Home Loan Mortg., 967 F.3d 456 (5th Cir. 2020)
This decision makes a mockery of the Texas Constitution and the HELOC loan protections that were supposed to be stonewall homestead protection laws geared in favor of homeowners in Texas. By adding ‘equitable subrogation‘ into the equation in favor of the banks in 2020, this nullifies all protection. This was a politically driven result and it also took aim at Connie Pfeiffer, who would lose her long time position as Partner at Beck Redden as well as this landmark case after arguing before the corrupt Texas Supreme Court.
Priester v. Deutsche Bank , No. 19-40158 (5th Cir. Oct. 9, 2020)
“We got is wrong, so what – don’t expect justice or an apology”, says Judge Gregg Costa.
Three years later—as, regrettably, sometimes happens—our guess turned out to be wrong when the Supreme Court of Texas interpreted Texas law differently and declined to apply the limitation period to the constitutional provision. Wood v. HSBC Bank USA, N.A., 505 S.W.3d 542, 547 (Tex. 2016)
see also Alexander v. Wells Fargo Bank, N.A., 867 F.3d 593, 600 (5th Cir. 2017) (noting that “Wood made plain that our ‘Erie guess’ in Priester was wrong “).
Christiana Tr. v. Riddle, No. 20-10381 (5th Cir. Aug. 28, 2020).
The first panel in this case (2019) comprised of Judges Elrod, Haynes and Mrs Reavley (King). Elrod dissented. The first panel ruled via an erie guess, that the mortgage servicer is distinct from the bank. The second panel in 2020, which included King again (indicating she wrote the first opinion, taking an erie guess), as well as Jerry Smith for support and along with Andy Oldham, stated: the fact that US Bank intervened rather than be added as a new party is fine, even though Christiana Trust was the original party since at least 2016.
$100k for $7k debt sounds reasonable not, under the American Rule re Attorney Fees…https://t.co/Y81BvTratP
Meet Van. G., retiring Federal Judge of S.D. Tex., Houston, givin’ corrupt Fifth Circuit what they want to see…https://t.co/YRcidP7yjg#wearethepeople #txlege pic.twitter.com/H2hFboYxSh
— LawsInTexas (@lawsintexasusa) September 25, 2021
