All posts tagged "texas"
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1.3KFifth CircuitA Toxic Decision is Reversed for Remand back to the State Court
In this toxic spill and personal injury claim, the plaintiff, Crumpian, appeals from a summary judgment dismissing his suit.We VACATE the judgment...
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1.4KNewsConflict of Interest? No Problem, Work with the FTC
Andrew Smith, the top consumer protection official at the Federal Trade Commission (FTC) is barred from handling cases involving more than 100...
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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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1.5KDebt CollectorTexas Republican Vincente Gonzalez Selling out Texans by Sponsoring HR 5082
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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1.4KEditors ChoiceEditors Choice: Performance-Based Disposal of Justice in Texas Courts
The clearance rate (i.e., number of cases disposed/number of cases added to the docket) is a measure of how effectively a court...
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1.5KAccelerationTexas Appeal Court (Dallas) says Acceleration was not Abandoned by Lender
Texas Appeal Court (Dallas) in Pitts v The Bank of New York Mellon: We conclude a genuine issue of material fact exists...
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1.6KBill Of ReviewFifth Circuit and Judicial Misconduct of Judge Affirmed in Bill of Revew Appeal
Fifth Circuit (Texas State Appeals Court) and Judicial Misconduct of Judges Affirmed in Bill of Review Appeal
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2.0KForeclosuresEviction and Ejection by Writ of Possession is not Excessive Force
In this 5th Circuit foreclosure appeal, the Bank is allowed to evict - with a Writ of Possession in hand - the...
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1.3KFifth CircuitOne Signature or Two is not important, Consent has been Given, says Fifth Circuit
In this foreclosure case, the pleading relies on signatures of both spouses required on all docs and instruments to foreclose. The Court...
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1.2KFifth CircuitDefault Win for Bank due to Borrower Pleadings, or lack thereof
the Bank of America wins as it's an instant dismissal for reasons stated herein: district court’s dismissal of his civil action for...
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1.2KFederal LawWhen You Cannot Decide which Route is the Best on the Map of Texas
Chief Justice John Roberts and Justice Samuel Alito signaled that it had no problem with the most recent round of delay tactics...
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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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3.1KFifth CircuitWhere a Statutory Violation Creates the ‘Risk of Real Harm’
Procedurally, while the summary judgment did not follow the traditional Rule 56 schedule, the Fifth Circuit found no harm because ARS had...
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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...
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4.6KFifth 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...
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2.3KDebt CollectorThe Nation’s Largest Default Processing Operation is….
The Barrett Burke outsourcing operations, which in 1998 handled approximately 43 percent of all defaults experienced by MBA (Mortgage Bankers Association of...
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1.3KForeclosures80 Reasons not to Inflate Home Appraisals in Texas
Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2006-1 AssetBacked Certificates, Series 2006-1, appeals the judgment voiding the...
