All posts tagged "fifth circuit court of appeals"
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1.9KFifth CircuitTo QWR or Not, That is the Question
CitiMortgage sought to foreclose on Maldonado’s home; in the subsequent litigation, it offered summary judgment evidence that he owed a balance of...
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2.0KFifth CircuitWrongful Foreclosure is Okay, Claim Damages After You’re Evicted
Foster sued about a foreclosure; the state court granted a TRO (so no foreclosure occurred); and the mortgage servicer defendants removed and...
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2.1KFake DocumentsCourt Guide for Bankers on How to Present Fake Documents Now Available
Foreclosure laws; Can a note be endorsed with a photocopied signature? Yes. Can a “deed of trust be signed in separate but...
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2.0KFifth CircuitWe don’t care if the Loan was Extinguished by Prior Payments, Foreclose on the Homeowner anyway
Shaver alleged that a servicer “was unjustly enriched by failing to apply credit default swap payments and other payments to their loan...
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2.0KFifth CircuitNo Accounting Needed, Just a Questionable Statement via Affidavit is Suffice to Foreclose
If you’re not familiar with the affidavit sham, take notice. Banks, foreclosure lawyers, servicers and their employees are committing perjury via false...
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2.0KFifth CircuitWhat Void Can and Cannot Do in Texas Law
So let's get this in perspective folks, a shaky reason for voiding the TRO means the wrongful foreclosure claim was tossed, yet...
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2.3KFake DocumentsAlleged Robo-signing Rejected by Fifth Circuit
The year 2013 has seen a steady stream of unpublished opinions favoring mortgage servicers, followed by a published opinion affirming a MERS...
