Deed of Trust

Millions of Credits, it’s all Rather Taxing

Williams brought this commercial mortgage lawsuit for breach of contract, among other claims, which has been sent back to the lower court for more discovery to enable an opinion to be rendered on the part quoted below.

REAVLEY, THOMAS M.

OWEN, PRISCILLA R.

SOUTHWICK, LESLIE H.

Williams brought this commercial mortgage lawsuit for breach of contract, among other claims, which has been sent back to the lower court for more discovery to enable an opinion to be rendered on the part quoted below.

“As alluded above, the requirement in a deed of trust that there be notice of intent to foreclose only has meaning if it can be enforced in the event of default. Texas courts “must . . . attempt to give effect to all contract provisions so that none will be rendered meaningless.”

If performance of the terms of a deed of trust governing the parties’ rights and obligations in the event of default can always be excused by pointing to the debtor’s default under the terms of the note, the notice terms have no meaning. Such a reading is inconsistent with the intent of the parties and with Texas law.

However, we express no opinion as to the ultimate outcome of this case. There are a number of issues either not briefed or not adequately briefed in this appeal.

They include whether loss of tax credits is an appropriate component of a damage claim for failure to give notice of foreclosure as required under a deed of trust, and whether the failure to give notice, as distinguished from the default on the loan, or a foreclosure that was not wrongful, caused the loss of tax credits. 

For the foregoing reasons, we AFFIRM the district court’s judgment as to Wells Fargo, we REVERSE the judgment of the district court as to the claim that Fannie Mae breached the deed of trust by failing to give notice, and we REMAND that claim against Fannie Mae for further proceedings in the district court.

Williams et al v Wells Fargo et al

Before REAVLEY, OWEN, and SOUTHWICK

Hank Greenberg of GT Law and Chief Judge Janet DiFiore’s Friendship Influences Foreclosure Cases

Greenberg, a former State Bar Association president, is counsel to the state’s Commission on Judicial Nomination, which screens Court of Appeals finalists. And DiFiore appointed him to chair the Commission to Reimagine the Future of New York’s Courts. In addition, Greenberg chairs the Third Department’s judicial screening committee.

Third Circuit State a ‘Self Proclaimed Debt Collector’ Can Validate a Foreclosure Proceeding

The initial communication and validation notice was issued in the foreclosure complaint drafted by the law firm and self-proclaimed debt collector representing First Union in the foreclosure action.

It’s Me Against You. Chief Judge Lee Rosenthal, S.D. Texas v. Lennie Jackson, Pro Se Civil Litigant

Lennie Jackson v. Wells Fargo N.A. Jackson is precluded from making further filings in this case without leave of court. The Clerk will not accept new filings submitted by Jackson in this case. (4:20-cv-01172), District Court, S.D. Texas

Millions of Credits, it’s all Rather Taxing
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

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.

Donate to LawsInTexas. Make a Difference.

Subscribe to Our Newsletter

We keep your data private and share your data only with third parties that make this service possible. See our Privacy Policy for more information.

© 2020-21 LawInTexas com is an online trading name which is wholly owned by Blogger Inc., a nonprofit 501(c)(3) registered in Delaware. | All Rights Reserved.

To Top