All posts tagged "texas law"
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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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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...
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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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1.6KFifth CircuitFailure to State a Claim
Riley brought this lawsuit, which was disposed by the Fifth Circuit, for the often and too common ruling of failure to state...
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1.7KForeclosuresWe’re not Diggin’ the Quiet Title Claims, says Fifth Circuit
Diggs brought this lawsuit for Quiet Title, which was quickly disposed by the Fifth Circuit, relying on the lower court findings, confirming...
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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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1.3KMortgage ServicersTexas enforces Subpoenas against Servicers – HB 2823
HB 2823 is an Act relating to the issuance and enforcement of a subpoena during the course of an investigation of a...
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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...
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1.3KDeed of TrustMillions of Credits, it’s all Rather Taxing
Williams brought this commercial mortgage lawsuit for breach of contract, among other claims, which has been sent back to the lower court...
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1.5KDeed of TrustA ‘Genuine Dispute’ gets Deutsche Bank a Reprieve
Castrellon brought this lawsuit, saying that agreement was made with Deutsche Bank but they later reneged. That's fine says the Fifth Circuit,...
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1.3KDeed of TrustA Valentines Day Opinion with a Thorny Message for Homeowners
The homeowners brought this lawsuit, but failed to present arguments sufficiently. The court 3-panel said if it was done correctly, it could...
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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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1.4KDeed of TrustDuplication of Case Earns Short Shrift at Fifth
A one-liner from the Fifth Circuit dismissing homeowner's lawsuit. This appeal is dismissed for want of jurisdiction based upon binding precedent in...
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1.3KFifth CircuitTexas Debt Collection Act (TDCA) Claim Dismissed by Fifth Circuit
A TDCA claim by the Clarks' at the Fifth Circuit is repelled, keeping Deutsche Bank as the now standard winners in this...
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1.5KDeed 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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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...
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2.7KFake 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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2.9KFifth 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...
