All posts tagged "5th circuit"
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2.7KEditors ChoiceA Turkish Delight for Court of Appeals for the Fifth Circuit as Mulvaney is the Mick to Make the Pick for Replacing Judge Jolly
Mississippi is as red a state as they come. It sure seems like we could do better than Judge Ozerden there, Carrie...
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1.5KDebt CollectorThe Anti-Consumer Watchdog called the Consumer Financial Protection Bureau (CFPB) Is Unfriendly to Constituents and Unconstitutional
In Collins, the court was posed the question of whether FHFA’s leadership structure, which is almost identical to the bureau’s, violated the...
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1.7KFederal LawSupreme Court of Texas Recommends Trial Lawyers Provide More Accounting Records to Prove Fees
General, conclusory testimony devoid of any real substance will not support a fee award,” said the April 26 opinion in Rohrmoos Venture...
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1.5KEditors ChoiceTexas Office of the Attorney General Demands R.E.S.P.E.C.T.
First and most importantly, your letter fails to recognize that Texas is not a subdivision of the federal government or a private...
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2.1K1Fifth CircuitThe Fifth Circuit’s Favorite 3-Panel Foreclosure Panel Names Mortgage Servicer as “the Bank”
First, it assumes that the acceleration notice was for only the original loan amount. But the deed of trust granted the Bank...
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1.3KFifth CircuitDeutsche Bank Control the Foreclosure Docket at the Fifth Circuit in January 2019
LOAN MODIFICATION: The Criswells therefore failed to accept that offer in strict compliance with its terms as well. Accordingly, neither agreement constituted...
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1.3KFifth CircuitThe Fifth Circuit Bakes a Riddle to Favor Banks Against Homeowner Rights
The opinion is a good news for lenders and bad news for homeowners as there is now some precedent that lenders cannot...
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2.9KFederal LawThe Fifth Circuit’s “Selective” Rule of Orderliness Opinion
Thompson v. Dallas City Attorney’s Office appears to present the first use, in the history of the federal judiciary, of both the...
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1.8KFifth CircuitCan We Get a P-Wease for a Two Count Remand Against Ocwen for Breach of Contract?
It appears that the Fifth Circuit Court of Appeals has a New Years Resolution in relation to review of foreclosure cases by...
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1.4K1Fifth CircuitHow the Banks induced foreclosure of your home in 3 months
During the financial crisis, Banks had a well executed plan to dupe homeowners. The scheme was simple. First, start returning homeowner checks...
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1.3KFifth CircuitAs a Non-Prisoner, aka Homeowner, we Warn You, says Fifth Circuit
Everyone has targets, and so does the Fifth regarding case filings. Getting them in and out as quickly as possible is a...
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1.3KBankruptcyIt’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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1.6KForeclosuresNo “Free Home” in Texas Appellate Courts
Many homeowners have fought their way up to the Appellate court in Louisiana known as the US Court of Appeals Fifth Circuit...
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1.2KFifth CircuitA ‘Protracted’ Litigation Ends with a Curt Opinion
Aggressive Opinions from the Fifth Circuit are on the rise in 2018 as they seek to clear the docket for another year....
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1.5KAccelerationTexas Appeal Court (Dallas) says Acceleration was not Abandoned by Lender
Texas Appeal Court (Dallas) in Pitts v The Bank of New York Mellon: We conclude a genuine issue of material fact exists...
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1.6KBill Of ReviewFifth Circuit and Judicial Misconduct of Judge Affirmed in Bill of Revew Appeal
Fifth Circuit (Texas State Appeals Court) and Judicial Misconduct of Judges Affirmed in Bill of Review Appeal
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1.0KFake DocumentsWe’ll not Fabricate Arguments Where None Exist, says the Fifth Circuit
In this particular Opinion, it’s not going to fabricate, yet it seems to rely on a lot of fabrication when it comes...
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1.4KFifth CircuitAre You Bloody Kidding?
Aggressive Opinions from the Court of Appeals for the Fifth Circuit are on the rise in 2018 by a known 3-panel as...
