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1.4KFake DocumentsWhere the Wolf Goes, Destruction Follows
Wolf also argues that the suit must be remanded because the state court has prior exclusive jurisdiction over the property. Like the...
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1.3KBankruptcyEstoppel due to inadequate Disclosure of Assets in Bankruptcy
“Mark Fornesa and his father, Ricardo Fornesa, Jr., sued Fifth Third Bank for foreclosing on a property in violation of the automatic...
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2.0KFifth CircuitJudicial or Non-Judicial Foreclosure let’s Fifth Rule for Bank
Judicial or Non-Judicial Foreclosure - that is the question. Ditech requested relief from both, and despite having to choose only one in...
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2.1KForeclosuresEviction and Ejection by Writ of Possession is not Excessive Force
In this 5th Circuit foreclosure appeal, the Bank is allowed to evict - with a Writ of Possession in hand - the...
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1.8KForeclosuresThe worst financial crisis since the Great Depression
A decade ago, the United States was engulfed in perhaps the worst financial crisis since the Great Depression. Toxic mortgage debt had...
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1.4KFifth CircuitOne Signature or Two is not important, Consent has been Given, says Fifth Circuit
In this foreclosure case, the pleading relies on signatures of both spouses required on all docs and instruments to foreclose. The Court...
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1.2KFifth CircuitDefault Win for Bank due to Borrower Pleadings, or lack thereof
the Bank of America wins as it's an instant dismissal for reasons stated herein: district court’s dismissal of his civil action for...
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1.3KFifth CircuitThe King loses his Title due to Acceleration Allowances
This opinion is rendered as per usual for the Bank, claiming the stop start of acceleration is as good an excuse as needed...
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2.0KFifth CircuitEquitable Tolling and Abandonment Doctrines Affirm Bank Foreclosure
Here, the district court properly applied the doctrines of equitable tolling and abandonment and correctly concluded that the limitations period had not...
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1.4KFederal LawRule 56 is Not Going to be Construed Liberally, Says Fifth Circuit
In this foreclosure case the panel dismissed the claims in a short affirmation in favor of Bank of America, claiming failure to...
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1.2KFederal LawWhen You Cannot Decide which Route is the Best on the Map of Texas
Chief Justice John Roberts and Justice Samuel Alito signaled that it had no problem with the most recent round of delay tactics...
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1.3KFifth CircuitAsset Protection bars Federal Court Claims
When you're in business and setup an LLC or similar, your assets are protected from law suits and the directors, partners etc...
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1.3KForeclosuresA Valentine Crushed
Valentine continually ignored the court’s urging, instead filing a variety of motions and judicial notices that did not cure the deficiencies.
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1.1KFederal LawA Twist of Federal with your State Claims, Ye Sayeth
In this foreclosure case the homeowners argued about lack of jurisdiction when the bank et al moved the case from State Court...
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1.3KFifth CircuitThere’s Morgan, but no Spice Rum
In this foreclosure case the panel just dismissed the claims in a short affirmation in favor of JPMorgan et al.
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1.3KAccelerationAcceleration Fails, the Homeowner Wins Dismissal at Fifth Circuit
In this foreclosure case the panel dismissed the claims in a short affirmation in favor of Bank of America, claiming failure to...
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837ForeclosuresRESPA and QWR Claims Rejected by Fifth Circuit, Bank Wins
5th circuit dismissed the claims of the homeowner RESPA and QWR arguments, so the Bank wins. surprise the bank wins again by...
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1.6KForeclosuresAre You Bloody Kidding Again?
In this particular Opinion, it’s spits out that the litigant is not going to receive free filing due to being IFP, but...
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