Acceleration

Fifth Circuit Foreclosure Opinions in 2020 and Which Judges Sat on the Panels

Judge Higginson (9) leads, followed closely by Judges Stewart (8) Southwick (7) Smith, King, Jolly and Costa (6) on foreclosure appeal panels

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.

ZERO FORECLOSURE CASES 

JULY 3 – DEC 31, 2020

WILSON, CORY T.

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.

ZERO FORECLOSURE CASES

JAN 1 – DEC 1, 2020

REAVLEY, THOMAS M.

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)

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)

ZERO FORECLOSURE CASES

JAN 1 – DEC 31, 2020

BENAVIDES, FORTUNATO P.

ONE FORECLOSURE CASE

JAN 1 – DEC 31, 2020

BARKSDALE, RHESA H.

Anderson v. Wells Fargo Bank, 953 F.3d 311 (5th Cir. 2020)

Reasons to Recall the Mandate to Prevent an Injustice

The “good cause” requisite to recall the mandate is the showing of need to avoid injustice.

When is Mandamus Granted by the Court of Appeals for the Fifth Circuit?

This court is constrained to issue writs of mandamus only in situations that amount to a clear abuse of judicial power or usurpation.

Rather than Resign for the “ClerkGate” Corruption Scandal, Fifth Circuit Chief Judge Owen Deflects Blame

Judge Priscilla R. Owen shunts the blame onto 66 year old Circuit Executive Theodore “Ted” Cominos for the ClerkGate Corruption Scandal.

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.

Fifth Circuit Foreclosure Opinions in 2020 and Which Judges Sat on the Panels
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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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