All posts tagged "texas law"
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1.5KAppellate JudgesThree Items found at the Fifth Circuit; A Baseball Bat, a Mulligan and a Precedent
Honduran man caught illegally re-entering the U.S. from Mexico after 2012 deportation. Feds: His sentence should be enhanced as he was convicted...
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1.5KForeclosures736 to 309, Now that’s a Writ Off
The House of Representatives will vote on a dangerous bill, H.R. 5082, called the Practice of Law Technical Clarification Act of 2018 sponsored by...
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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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1.6KFifth 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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5.4KAppellate 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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1.6KForeclosuresNo “Free Home” in Texas Appellate Courts
Many homeowners have fought their way up to the Appellate court in Louisiana known as the US Court of Appeals Fifth Circuit...
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1.9KFifth 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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1.3KFederal 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...
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1.2KFifth 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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1.3KAccelerationAcceleration Fails, the Homeowner Wins Dismissal at 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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797ForeclosuresRESPA and QWR Claims Rejected by Fifth Circuit, Bank Wins
5th circuit dismissed the claims of the homeowner RESPA and QWR arguments, so the Bank wins. surprise the bank wins again by...
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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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1.9KFifth 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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1.5KFifth CircuitAssumed Mortgage Payment by Homeowner not on the Loan Dismissed by Fifth Circuit
Chambers brought this lawsuit pro se against the mortgage servicer, which was quickly disposed by the Fifth Circuit, as she was not...
