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3.3K1Deed of TrustIt’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...
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1.4KDeed of TrustDuplication of Case Earns Short Shrift at Fifth
A one-liner from the Fifth Circuit dismissing homeowner's lawsuit. This appeal is dismissed for want of jurisdiction based upon binding precedent in...
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1.7KDebt CollectorAre You Bloody Kidding Thrice? And a Caution
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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1.3KFifth CircuitTexas Debt Collection Act (TDCA) Claim Dismissed by Fifth Circuit
A TDCA claim by the Clarks' at the Fifth Circuit is repelled, keeping Deutsche Bank as the now standard winners in this...
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1.5KDebt CollectorTexas Orders Ocwen to Cease and Desist, then Settles with PayOff
Ocwen, a residential mortgage servicer in Texas was ordered to cease and desist by the Texas Department of Savings and Mortgage Lending.
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1.6KDeed of TrustGreen Tree’s Questionable Loan Modification Gets Nod from Fifth
In this case, homeowner Strong claimed TDCA regarding loan mod, but the Fifth Circuit dismissed arguments again, even though Green Tree did...
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1.8KForeclosuresAre Property Taxes Delinquent or in Default when paid via Escrow?
In the Fifth Circuit Court of Appeals decision, Bartolowits v Wells Fargo they evaded the motion to amend by the usual call, first argument...
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1.3KEditors ChoiceA Former Democrat Becomes a Republican President and Hands His “Ole Pals” Controversial High Powered Positions in His Cabinet
Nine cabinet members, appointees and advisors have donated about $2.8 million to liberal groups and Democratic candidates as well. Mnuchin, for example,...
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3.1KFifth CircuitWhere a Statutory Violation Creates the ‘Risk of Real Harm’
Procedurally, while the summary judgment did not follow the traditional Rule 56 schedule, the Fifth Circuit found no harm because ARS had...
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2.0KFifth CircuitTo QWR or Not, That is the Question
CitiMortgage sought to foreclose on Maldonado’s home; in the subsequent litigation, it offered summary judgment evidence that he owed a balance of...
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2.1KFifth CircuitWrongful Foreclosure is Okay, Claim Damages After You’re Evicted
Foster sued about a foreclosure; the state court granted a TRO (so no foreclosure occurred); and the mortgage servicer defendants removed and...
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2.8KFake DocumentsDocuments Backdated by the Bankers to Take Your Home, No Problem says Fifth Circuit
Among other points raised in a challenge to a foreclosure on a Texas home equity loan, the trial court observed: “the curious...
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2.3KForeclosuresThis Is How My QWR “Foreclosed” Wells Fargo
Upon receipt of the documents and answers, an exam and audit may be conducted that may lead to a further document request...
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3.0KFifth CircuitA Mortgage Servicer can Violate the Texas Finance Code
A mortgage servicer can violate the Texas Finance Code by asserting legal rights it does not actually have. See McCaig v. Wells...
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4.7KFifth CircuitTexas Finance Code section 392.403 creates a private right of action for TDCA violations
A mortgage servicer can violate the Texas Finance Code by asserting legal rights it does not actually have. See McCaig v. Wells...
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1.7KForeclosuresThe Ninth Circuit’s Message to MERS: Robosigning, Backdating and False Documentation is the Road to Quiet Title for Homeowners
In this MERS Complaint by Homeowners, the 9th Circuit Opinion by Judge W. Fletcher Allows Quiet Title and Damages for Wrongful Filing...
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2.1KFake DocumentsCourt Guide for Bankers on How to Present Fake Documents Now Available
Foreclosure laws; Can a note be endorsed with a photocopied signature? Yes. Can a “deed of trust be signed in separate but...
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2.1KFifth CircuitWe don’t care if the Loan was Extinguished by Prior Payments, Foreclose on the Homeowner anyway
Shaver alleged that a servicer “was unjustly enriched by failing to apply credit default swap payments and other payments to their loan...
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