foreclosure
FDCPA

Quiet Title Constitutional Victory for Houston Homeowner Appealed to Fifth Circuit with Oral Arguments Presented – UPDATED 15 August, 2019

ORAL ARGUMENT HEARD before Judges Haynes, Graves, Ho. Arguing Person Information Updated for: Daron L. Janis arguing for Appellant Federal Home Loan Mortgage Corporation; Arguing Person Information Updated for: Constance Hankins Pfeiffer arguing for Appellee Sylvia Zepeda [18-20336] (SME) [Entered: 05/01/2019 09:02 AM]

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.

HO

GRAVES

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.

United States Court of Appeals for the Fifth Circuit
Court of Appeals Docket #: 18-20336 Docketed: 05/23/2018
Nature of Suit: 4220 Foreclosure
Sylvia Zepeda v. Federal Home Loan Mtge Corp.
Appeal From: Southern District of Texas, Houston
Fee Status: Fee Paid
Case Type Information:
     1) Private Civil Diversity
     2) Private
     3)
Originating Court Information:
     District: 0541-4 : 4:16-CV-3121
     Court Reporter: Katherine Lee Metzger, Court Reporter
     Originating Judge: Keith P. Ellison, U.S. District Judge
     Date Filed: 10/21/2016
     Date NOA Filed:      Date Rec’d COA:
     05/22/2018      05/22/2018

11/28/2018 EXTENSION RECEIVED for Appellant Federal Home Loan Mortgage Corporation. Extension Granted to and including 12/10/2018. Reply Brief deadline updated to 12/10/2018 for Appellant Federal Home Loan Mortgage Corporation [18-20336] (JMW) [Entered: 11/28/2018 03:47 PM]
11/29/2018 Open Restricted Document PROPOSED SUFFICIENT RECORD EXCERPTS filed by Appellee Ms. Sylvia Zepeda [8923790-2] Date of service: 11/29/2018 via email – Attorney for Appellants: Foster, Hastings, Janis; Attorney for Appellees: Gejji, Gordon, Lane, Pfeiffer [18-20336] (Constance Hankins Pfeiffer ) [Entered: 11/29/2018 09:07 AM]
11/30/2018 Paper copies of Appellee Brief filed by Appellee Ms. Sylvia Zepeda in 18-20336 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [18-20336] (SBS) [Entered: 12/03/2018 11:59 AM]
12/03/2018 Paper copies of Record Excerpts filed by Appellee Ms. Sylvia Zepeda in 18-20336 received. Paper copies match electronic version of document? Yes # of Copies Provided: 4. Paper Copies of Record Excerpts due deadline satisfied. [18-20336] (SBS) [Entered: 12/03/2018 12:00 PM]
12/10/2018 Open Document APPELLANT’S REPLY BRIEF FILED # of Copies Provided: 0
Reply Brief deadline satisfied. Paper Copies of Brief due on 12/19/2018 for Appellant Federal Home Loan Mortgage Corporation. [18-20336]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: APPELLANT’S REPLY BRIEF FILED by Federal Home Loan Mortgage Corporation. Date of service: 12/10/2018 via email – Attorney for Appellants: Foster, Hastings, Janis; Attorney for Appellees: Gejji, Gordon, Lane, Pfeiffer [18-20336] (Daron L. Janis ) [Entered: 12/10/2018 12:32 PM]
12/19/2018 Open Document Paper copies of Appellant Reply Brief filed by Appellant Federal Home Loan Mortgage Corporation in 18-20336 received. Paper copies match electronic version of document? Yes. Sufficient: No, as the brief must have durable gray covers on both front and back of the document. # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied.. Sufficient Paper Copies of Brief due on 12/26/2018 for Appellant Federal Home Loan Mortgage Corporation [18-20336] (SBS) [Entered: 12/20/2018 08:27 AM]
12/21/2018 Paper copies of Appellant’s Reply Brief [8946205-2] received as sufficient. Sufficient Paper Copies of Brief due deadline satisfied. [18-20336] (SBS) [Entered: 12/21/2018 01:31 PM]
02/26/2019 Open Document CASE TENTATIVELY calendared for oral argument for the week of 04/29/2019. [18-20336] (GAM) [Entered: 02/26/2019 12:19 PM]
03/20/2019 CASE CALENDARED for oral argument on Wednesday, 05/01/2019 in New Orleans in the East Courtroom — AM session. In accordance with our policy, lead counsel only will receive via email at a later date a copy of the court’s docket and an acknowledgment form. All other counsel of record should monitor the court’s website for the posting of the oral argument calendars.. [18-20336] (SME) [Entered: 03/20/2019 11:19 AM]
05/01/2019 ORAL ARGUMENT HEARD before Judges Haynes, Graves, Ho. Arguing Person Information Updated for: Daron L. Janis arguing for Appellant Federal Home Loan Mortgage Corporation; Arguing Person Information Updated for: Constance Hankins Pfeiffer arguing for Appellee Sylvia Zepeda [18-20336] (SME) [Entered: 05/01/2019 09:02 AM]
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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.

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