LIT COMMENTARY
Chief Justice Nathan Hecht confirms his allegiance to corruption in the Texas judiciary with his latest authored opinion in the underlying Zepeda case. Hecht’s answer to the one certified 5th Circuit question being a resounding “yes”, banks don’t need to follow the Texas Constitution – says it all.
We’re posting the opinion, dated 24 April 2020, and we’ll revisit once we’ve had a chance to review in detail.
UPDATE; The 3-Panel of Haynes, Ho and Graves Admit that the lack of the required signature on the original loan document makes the mortgage void in Texas Law. However, they have delayed ruling on the matter as they have certified a question to the Texas Supreme Court.
We hereby certify the following question of law to the Supreme Court of Texas:
“Is a lender entitled to equitable subrogation, where it failed to correct a curable constitutional defect in the loan documents under § 50 of the Texas Constitution?”
We disclaim any intention or desire that the Supreme Court of Texas confine its reply to the precise form or scope of the questions certified.
Editors View
In our opinion the answer is already clear relying upon Common Sense – if you are responsible for paying off the underlying loan and did not do due diligence, you face the same consequences as buying a foreclosure – it’s “as seen” and you failed in your own duty and responsibility to perform the necessary audit. In this case the dispute was clearly noticed to Freddie Mac…Homeowner is entitled to a Quiet Title.
Note; Constance Pfeiffer of Beck Redden representing homeowner in Sylvia Zepeda v Federal Home Loan Mortgage Co and at the Oral Hearing.
ONE FOR YOUR DIARY; DECEMBER 4, 2019
ORAL ARGUMENTS AT SUPREME COURT REGARDING THE CERTIFIED QUESTION FROM THE FIFTH CIRCUIT – SEE TWEET BELOW.
19-0712
SYLVIA ZEPEDA v. FEDERAL HOME LOAN MORTGAGE CORPORATION (#CA5 Certified Question) #constitution @TXAG[Note: This cause has been set for oral argument at 9:00 a.m., December 4, 2019.] Time allotted to argue: 20/20 minutes https://t.co/tGRGwZP2uF
— LawsInTexas (@lawsintexasusa) August 23, 2019
| United States Court of Appeals for the Fifth Circuit |
|
||||||||||||||||||||||
|
||||||||||||||||||||||
|
||||||||||||||||||||||
|
Texas Constitution and Home Equity Loans comes before @SupremeCourt_TX and the decision as at today’s date is pending after oral args in Dec. Will the Bankers win? Will the protections afforded to homeowners under the Texas Constitution prevail? @FedSoc https://t.co/z3vnRhWn0G pic.twitter.com/GwMF5Avegf
— LawsInTexas (@lawsintexasusa) March 21, 2020
MEANWHILE AT THE TEXAS SUPREME COURT…
Decision pending as at March 20, 2020
Still the Silence Permeates…. #RESTORETX https://t.co/4ynaHJ6cW4
— LawsInTexas (@lawsintexasusa) August 22, 2019
LOWER COURT STAY’s INDYMAC/DEUTSCHE BANK CASE PENDING SUPREME COURT’s CERTIFIED QUESTION RESPONSE
March 20, 2020 update; Stay Status report; Feb. 24, 2020
JOINT STATUS REPORT
Plaintiffs Joseph Morris and Mattie T. Morris and Defendant/Counter-Plaintiff Deutsche Bank National Trust Company, solely in its capacity as Trustee for the IndyMac INDX Mortgage Loan Trust 2006-AR8 Mortgage Pass-Through Certificates, Series 2006-AR8 Under the Pooling and Servicing Agreement dated May 1, 2006 submit this Joint Status Report regarding the Fifth Circuit Court of Appeals’ certified question to the Supreme Court of Texas in Zepeda v. Fed. Home Loan Mortg. Corp., No. 18-20336, 2019 WL 3820019, 2019 U.S. App. LEXIS 24330 (5th Cir. Aug. 15, 2019).
The Texas Supreme Court accepted the certified question and held oral argument on December 4, 2019. The court has not issued its opinion. The case is styled Federal Home Loan Mortgage Corporation v. Sylvia Zepeda, and the case number is 19-0712.
DATE: February 24, 2020 Respectfully submitted,
/s/ Kyle A. Owens
RICHARD A. SAYLES, Lead Counsel
Texas Bar No. 17697500 dsayles@bradley.com
BRADLEY ARANT BOULT CUMMINGS LLP
4400 Renaissance Tower
1201 Elm Street
Dallas, Texas 75270
(214) 939-8700
(214) 939-8787 (Facsimile)
ATTORNEYS FOR TRUSTEE
CHRISTOPHER D. KRATOVIL
Southern District Bar No. 623302 Texas Bar No. 24027427 ckratovil@dykema.com
ADAM NUNNALLEE
Southern District Bar No. 1287826 Texas Bar No. 2405743 anunnallee@dykema.com
KYLE A. OWENS
Southern District Bar No. 590511 Texas Bar No. 24046573 kowens@dykema.com
DYKEMA GOSSETT, PLLC
1717 Main Street, Suite 4200
Dallas, Texas 75201
Telephone: (214) 462-6400
Facsimile: (214) 462-6401
ATTORNEYS FOR PLAINTIFF
THE LANE LAW FIRM, PLLC
By: /s/ Robert “Chip” C. Lane
Robert “Chip” C. Lane
State Bar No. 24046263 So. District Bar No. 570982 notifications@lanelaw.com
Joshua D. Gordon
State Bar No. 24091592 joshua.gordon@lanelaw.com 6200 Savoy Drive, Suite 1150
Houston, Texas 77036
(713) 595-8200 Telephone
(713) 595-8201 Facsimile
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was served upon all counsel of record on February 24, 2020, in accordance with the Federal Rules of Civil Procedure.
/s/ Kyle A. Owens
Kyle A. Owens
