Search results for "higginson"
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4.2KAppellate JudgesExpedited Foreclosure under Rule 736
Texas law provided the Burciagas an adequate procedure to challenge the Foreclosure Order by filing an independent suit in a court of...
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868BankruptcyIt’s a Day to be Forgotten, Says the Fifth
The main bone of contention in this foreclosure case was the 126 day or 127 day tolling due to bankruptcy.This was argued...
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549CFPBThe Lawless ‘Bounty Hunter’
What recourse is available to a consumer for fraudulent or abusive collection practices? Nothing in Texas, they are pro debt collectors.
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850Fifth CircuitThis Putty Didn’t Fill the Holes
Putty’s pleadings therefore failed to provide Fannie Mae with fair notice that she intended to assert a RESPA violation, and the district...
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940Federal 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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906Fifth 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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850AccelerationAcceleration 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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1.6KFifth CircuitTo Add Property Taxes to a Loan Secured by a Deed of Trust is Prohibited, but We’ll Ignore It here
Texas law prohibited Wells Fargo from making the tax payment on unsecured property and then charging it to the loan secured by...
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5.3KFifth CircuitToo Much Content without any Zeal, Says Fifth Circuit
In this particular Opinion, the McZeals' seem overwhelmed in their brief and end up with a lot of content but no focus...
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911ForeclosuresA Failed Recusal and An Investment Lost
A disgruntled residential property investor gets no sympathy at the Fifth Circuit, keeping Deutsche Bank and Ocwen as the winners in this...
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1.6KFifth 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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1.6KFifth CircuitNo Accounting Needed, Just a Questionable Statement via Affidavit is Suffice to Foreclose
If you’re not familiar with the affidavit sham, take notice. Banks, foreclosure lawyers, servicers and their employees are committing perjury via false...
A MESSAGE TO GOV. ABBOTT
