All posts tagged "5th 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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1.1KFake 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...
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1.2KFifth 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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1.2K1Fifth CircuitDon’t Fire Blanks in a Fight, you’ll be Killed
5th circuit After reviewing the record and arguments on appeal, we conclude that Blank failed to state a claim to quiet title....
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1.4KFake DocumentsWhere the Wolf Goes, Destruction Follows
Wolf also argues that the suit must be remanded because the state court has prior exclusive jurisdiction over the property. Like the...
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1.2KBankruptcyEstoppel due to inadequate Disclosure of Assets in Bankruptcy
“Mark Fornesa and his father, Ricardo Fornesa, Jr., sued Fifth Third Bank for foreclosing on a property in violation of the automatic...
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2.0KForeclosuresEviction and Ejection by Writ of Possession is not Excessive Force
In this 5th Circuit foreclosure appeal, the Bank is allowed to evict - with a Writ of Possession in hand - the...
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1.7KForeclosuresThe worst financial crisis since the Great Depression
A decade ago, the United States was engulfed in perhaps the worst financial crisis since the Great Depression. Toxic mortgage debt had...
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1.4KFifth CircuitOne Signature or Two is not important, Consent has been Given, says Fifth Circuit
In this foreclosure case, the pleading relies on signatures of both spouses required on all docs and instruments to foreclose. The Court...
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1.2KFifth CircuitDefault Win for Bank due to Borrower Pleadings, or lack thereof
the Bank of America wins as it's an instant dismissal for reasons stated herein: district court’s dismissal of his civil action for...
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1.3KFifth CircuitThe King loses his Title due to Acceleration Allowances
This opinion is rendered as per usual for the Bank, claiming the stop start of acceleration is as good an excuse as needed...
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1.4KFederal 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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1.3KFifth 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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1.3KForeclosuresA Valentine Crushed
Valentine continually ignored the court’s urging, instead filing a variety of motions and judicial notices that did not cure the deficiencies.
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1.0KFederal LawA Twist of Federal with your State Claims, Ye Sayeth
In this foreclosure case the homeowners argued about lack of jurisdiction when the bank et al moved the case from State Court...
