Deed of Trust

It’s a Void Deed of Trust, but Foreclose Anyway Bankers

SGK raised concerns about the identity and existence of the true holder and owner of the Note and Deed and ceased making payments on the Note.




Here’s a summary by a Dallas lawyer about a recent  opinion in a real estate foreclosure dispute. He summarizes the current state of the law on some key principles (in his views):

  • When a national bank is sued as trustee in such a case, its citizenship controls the analysis of diversity, not that of the investors in the trust (applying and distinguishing Americold Realty Trust v. ConAgra Foods, 136 S. Ct. 1012 (2016));
  • Because “Texas follows the common-law maxim that the mortgage follows the note,” the trustee was “entitled to foreclosure on the property as holder of the note even if the assignment of the Deed of Trust was void observes as trustee of a real estate investment trust”; and
  • A fraud claim failed when the aggrieved party “did not allege that he initially intended to bid on the property before learning of a potential buyer and changed his position after speaking with U.S. Bank’s representatives.”

SGK Properties LLC v. US Bank, N.A., No. 17-20130 (Feb. 9, 2018).

Really? It’s a Void Deed of Trust, but Foreclose Anyway Bankers…


Harriet takes Her Chariot to the Circled Wagons at Gumbo5 Seeking to Reverse a Miscarriage of Justice

Nicholson requests the Court reverse the district court’s judgment; render judgment and declare the Second Court of Appeals judgment is void.

Ocwen Tried to Stiff Moelis & Co For Introducing New Residential. The Courts Rightly Disapprove of that Stunt.

Ocwen retained Moelis in connection with Ocwen’s review of its strategic and financial options after nearly dissolving under Bill Erbey.

Judicial Silence: Pro Se Harriet Nicholson Renews Her Request to Vacate Void Judgments

Appellant prays this Court vacate the void judgments for lack of subject matter jurisdiction in the interest of justice and due process.

It’s a Void Deed of Trust, but Foreclose Anyway Bankers
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