Fifth Circuit

The Fifth Circuit’s Carol: Have Yourself a Merry Little Christmas

Carol Paselk sued the defendants for foreclosing on her residential property. Representative Farenthold publicly promised to reimburse the U.S. Treasury for $84,000 in funds paid to settle the lawsuit brought against him, Brooks and Deutch said in a statement April 12. We encourage him in the strongest possible terms to uphold that promise.

Carol Paselk sued the defendants for foreclosing on her residential property.

She alleged violations of the Uniform Commercial Code, the Racketeer Influenced and Corrupt Organizations Act (RICO), and 42 U.S.C. § 1983. She also asserted that the defendants had committed fraud and that the state court was without jurisdiction to enter a judgment in the foreclosure case. Finally, she sought quiet title under Texas law.

The district court noted that Paselk’s property had been subject to foreclosure in 2012 and 2016.

To the extent that the current claims were based on the 2012 foreclosure, the district court found that they were barred by res judicata. See Test Masters Educ. Servs., Inc. v. Singh, 428 F.3d 559, 571 (5th Cir. 2005).

Paselk has effectively abandoned this issue on appeal. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993); see also Brinkmann v. Dallas Cty. Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987).

She also has effectively abandoned any challenge to the dismissal of her claims against some defendants on the basis of qualified immunity by failing to brief the issue.

HIGGINBOTHAM, PATRICK E.

ELROD, JENNIFER W.

DUNCAN, STUART K.

On appeal, Paselk has failed to show that the dismissal was error. The judgment of the district court is AFFIRMED.

Paselk has filed a motion for partial summary judgment, two motions to take judicial notice, and a repetitive motion to file an out of time reply brief. These motions are DENIED.

Panel Consists of : Higginbotham, Elrod & Duncan

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Laws In Texas is a blog about the Financial Crisis and how the banks and government are colluding against the citizens and homeowners of the State of Texas and relying on a system of #FakeDocs and post-crisis legal precedents, specially created by the Court of Appeals for the Fifth Circuit to foreclose on homeowners around this great State. We are not lawyers. We do not offer legal advice. We are citizens of the State of Texas who have spent a decade in the court system in Texas and have been party to during this period to the good, the bad and the very ugly.

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