FDCPA

Quiet Title Constitutional Victory for Houston Homeowner Appealed to Fifth Circuit with Oral Arguments Presented – UPDATED 28 May, 2020

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]

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.

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]

MEANWHILE AT THE TEXAS SUPREME COURT…

Decision pending as at March 20, 2020

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

Quiet Title Constitutional Victory for Houston Homeowner Appealed to Fifth Circuit with Oral Arguments Presented – UPDATED 28 May, 2020
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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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