All posts tagged "fifth circuit"
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2.4KFederal LawFifth Circuit Oral Argument in Texas Capital Bank N.A. v Zeidman
ORAL ARGUMENT HEARD before Judges Haynes, Clement, Judge Duncan and Judge Oldham in Texas Capital Bank v Zeidman on 05/01/2019
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1.7KEditors ChoiceThe 3-Panel in the Fifth Circuit Combine for the Circuit and Announce A Sword, A Shield and A[nother] Retroactive Erie Guess
Section 1024.41 of the Code of Federal Regulations describes the procedures that mortgage servicers must follow when processing loss mitigation applications. Does...
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2.6KFederal LawMisconduct Complaint Alleges 5th Circuit Senior Judge Edith Brown Clement Issued Partisan Attacks on Colleagues
Harrington stated in his misconduct complaint that it doesn’t concern the merits of the dissent, but rather the partisan tone and insults...
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3.2K1Editors ChoiceLaw Funder LLC Case at the Fifth Circuit in a Veil of Secrecy as it Involves a Lawmaker, a Judge and Illegal Acts
ORAL ARGUMENT HEARD before Judges King, Smith, Willett. Arguing Person Information Updated for: John F. Carroll arguing for Appellants Sergio Munoz, Et...
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2.2KEditors ChoiceEditors Choice: U.S. Supreme Court Rule Debt Collecting Foreclosure Attorneys are Not Debt Collectors under the FDCPA
Congress may think these state protections adequate, or it may choose to expand the reach of the FDCPA. Regardless, for the reasons...
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1.2KFifth CircuitThe US Supreme Court Slaps Fifth Circuit Panel of Graves, Higginbotham and Higginsons Decision Not to Arbitrate
The wholly groundless exception to arbitrability is inconsistent with the Federal Arbitration Act and this Court’s precedent. Under the Act, arbitration is...
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1.3KEditors ChoiceEditors Choice: Is Foreclosure Debt Collection? The US Supreme Court Heard Oral Arguments on Monday (Minus a Recovering Justice Ginsberg)
Justice Samuel Alito (for the Fifth Circuit) seemed the most receptive to that argument (a foreclosure is NOT a debt collection), telling...
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1.3KEditors ChoiceEditors Choice: Is Foreclosure Debt Collection? The US Supreme Court to Decide if FDCPA Applies to Foreclosure Mills and Bounty Hunting Attorneys
Were the Supreme Court to want to include attorneys effecting nonjudicial foreclosures under the FDCPA’s definition of debt collectors, it might find...
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1.7KEditors ChoiceEditors Choice: Improper Conduct by Magistrate Judge Shall Remain Nameless
The Special Committee determined that the subject judge had inappropriately pursued social relationships with an attorney who practices before him and with...
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3.3K1Deed of TrustIt’s a Void Deed of Trust, but Foreclose Anyway Bankers
SGK raised concerns about the identity and existence of the true holder and owner of the Note and Deed and ceased making...
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1.6KDeed of TrustGreen Tree’s Questionable Loan Modification Gets Nod from Fifth
In this case, homeowner Strong claimed TDCA regarding loan mod, but the Fifth Circuit dismissed arguments again, even though Green Tree did...
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2.8KFake DocumentsDocuments Backdated by the Bankers to Take Your Home, No Problem says Fifth Circuit
Among other points raised in a challenge to a foreclosure on a Texas home equity loan, the trial court observed: “the curious...
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3.0KFifth CircuitA Mortgage Servicer can Violate the Texas Finance Code
A mortgage servicer can violate the Texas Finance Code by asserting legal rights it does not actually have. See McCaig v. Wells...
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4.7KFifth CircuitTexas Finance Code section 392.403 creates a private right of action for TDCA violations
A mortgage servicer can violate the Texas Finance Code by asserting legal rights it does not actually have. See McCaig v. Wells...
