All posts tagged "fifth circuit court of appeals"
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2.1K1CFPBCFPB Constitutionality is an Ongoing Debate And Now All American Check Cashing Thinks its A Monopoly Board
According to All American, its case would thus allow the Supreme Court to decide not only the CFPB’s constitutionality but the equally...
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3.0KFake DocumentsTwo Police Officers in Conroe Receive a Year in Jail for Tampering with a Governmental Record but Nothing Like That Happens in Foreclosure Courts for #FakeDocs
These defendants disregarded their oaths to protect, to serve and to tell the truth. They attacked Kedric Kizzie, charged him with a...
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2.0KFederal LawIt’s a Yes for a $500 Sanction for a Public Defender Held for Violating Local Court Rules and a No for it Being Held in Contempt
Although conduct unbecoming a member of the bar is not defined in the Local Rules, the Supreme Court has interpreted the same...
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1.7KFederal LawThe US Supreme Court Takes On the Fifth Circuit’s Stiff Sentencing
The U.S. Court of Appeals for the Fifth Circuit rejected Holguin’s argument that the consecutive year term was substantively unreasonable. Holguin failed...
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2.3K1Federal LawThe Fifth Circuit Removes Rogue Attorney O’Dwyer from Practicing at the Court of Appeals for the Fifth Circuit
To take just one example of serious misconduct, there was strong support for the finding that O’Dwyer engaged in the unauthorized practice...
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1.7K2Fake DocumentsThe Fifth Circuit has Unclean Hands. The Real Tragedy and Miscarriage of Justice Continues Every Day in Texas Courts
Today, the Fifth Circuit released an opinion seeking to come across as empathetic to the victims. Do not be fooled. They are...
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1.7KFifth CircuitFifth Circuit Court Opinion on Judicial Misconduct: Don’t Do Your Job When It Involves Judicial Misconduct, Turn a Blind Eye
The Fifth Circuit panel ruled — go read it if you don’t believe me — that Anderson had no case for retaliation...
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2.5K4Appellate CircuitRestore Moral Integrity to Texas Courts #RESTORETX
RESTORETX: LawsInTexas.com We Publish Real Stories backed up with Real Data about the Texas Judiciary, State and Federal Government.
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1.4KDebt CollectorOutrageous Attorney Fees in FDCPA Debt Collector Win Upsets the Fifth Circuit Panel
Crystal Davis appeals the district court’s denial of her motion for attorney’s fees, arguing that an award of reasonable attorney’s fees is...
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1.7KFifth CircuitHo Ho Ho, it’s a Certification Request to the Supreme Court of Texas (finally)
What's interesting is this case, not a mortgage/foreclosure case, is the first by a new judge (appointed by Trump) to Certify to...
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1.4KFederal LawReinagel, the Signatures, the PSA and how Fraud is not Void but Voidable according to the Fifth Circuit
We do not condone robo signing” more broadly and remind that bank employees or contractors who commit forgery or prepare false affidavits...
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5.6KAppellate JudgesExpedited Foreclosure under Rule 736
Texas law provided the Burciagas an adequate procedure to challenge the Foreclosure Order by filing an independent suit in a court of...
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2.0KFifth CircuitJudicial or Non-Judicial Foreclosure let’s Fifth Rule for Bank
Judicial or Non-Judicial Foreclosure - that is the question. Ditech requested relief from both, and despite having to choose only one in...
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2.0KFifth CircuitEquitable Tolling and Abandonment Doctrines Affirm Bank Foreclosure
Here, the district court properly applied the doctrines of equitable tolling and abandonment and correctly concluded that the limitations period had not...
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2.0KFifth CircuitCertification to the Supreme Court of Texas, Heck No, Says Fifth
In the Fifth Circuit Court of Appeals decision, Sexton v Deutsche Bank they reiterate their belligerent stance in this and other cases that Erie...
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2.0KFifth CircuitTo Add Property Taxes to a Loan Secured by a Deed of Trust is Prohibited, but We’ll Ignore It here
Texas law prohibited Wells Fargo from making the tax payment on unsecured property and then charging it to the loan secured by...
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2.7KDeed of TrustQuiet Title Review in Smitherman Case
In June 2016, Smitherman filed his fourth lawsuit in state court relating to this mortgage dispute to prevent a fourth foreclosure attempt.
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1.8KForeclosuresAre Property Taxes Delinquent or in Default when paid via Escrow?
In the Fifth Circuit Court of Appeals decision, Bartolowits v Wells Fargo they evaded the motion to amend by the usual call, first argument...
