All posts tagged "foreclosure"
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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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5.5KAppellate 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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1.3KForeclosuresNo Merit in Alexanders’ Claims against Wells Fargo
The district court announced its decision in a careful ten-page Memorandum Opinion and Order. It explained that the defect Plaintiff complains of—lack...
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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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1.2KFifth 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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1.2KFifth 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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1.2KFifth 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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1.3KForeclosuresA 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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1.3KFifth CircuitThere’s Morgan, but no Spice Rum
In this foreclosure case the panel just dismissed the claims in a short affirmation in favor of JPMorgan et al.
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1.9KFifth 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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1.4KFifth CircuitA Plethora of Lawsuits is an Expensive Mistake
Kim brought several lawsuits which were combined and disposed by the Fifth Circuit, confirming Bank win in this foreclosure appeal.
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1.4KForeclosuresHB1470 Passed to Expedite Foreclosures on Texas Homeowners
HB1470 was passed in Sept 2017, which is an Act relating to the public sale of real property under a power of...
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2.6KDeed 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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1.3KForeclosuresA Failed Recusal and An Investment Lost
A disgruntled residential property investor gets no sympathy at the Fifth Circuit, keeping Deutsche Bank and Ocwen as the winners in this...
