Debt Collector

The Fifth Circuit’s Foreclosure Panel Continue New Theme in 2019 of Extremely Short Affirmations in Favor of the Bank, Servicer or Debt Collecting Foreclosure Mill, But at Least Without the Searing Remarks

Wells Fargo Bank, a Mortgage Servicer, a Lender or a Trustee. Well, it’s all superfluous, we’ll just affirm despite the National Mortgage Settlement confirming the atrocious and illegal acts of this Bank against homeowners. As the State of Texas, however, we’ll take the $134m settlement and give homeowners zero. Sounds Fair to US.

Before REAVLEY, JONES, and HIGGINSON, Circuit Judges.

Travis Pitre appeals the district court’s judgment deciding that Wells Fargo is the owner of a note and beneficiary of the deed of trust, authorizing judicial foreclosure for Wells Fargo. The record supports that judgment, and it is affirmed.

The note and the deed of trust were executed by Pitre in 2007. He has been in default since 2011. The loan was assigned by the original lender to an entity who assigned to Wells Fargo. Pitre filed a bankruptcy petition and the bankruptcy court acknowledged the validity of the lien, then entitled to foreclosure by the loan servicer for Wells Fargo.

Despite that acceptance in the bankruptcy court, Pitre, acting pro se in the district court, contended that Wells Fargo had no standing. But Wells Fargo proved its ownership of the loan and the assignment by the deed of trust. Pitre’s objection is only to say the assignments were “fraudulent” or “fabricated”. No fact issue was raised, as the magistrate judge found.

Pitre claimed one assignment failed because it was signed in blank, but the note was transferred and no more was required than what Wells Fargo offered. Other arguments are waived by failure to be made in the district court.


Panel consisted of: REAVLEY, JONES & HIGGINSON

Fifth Circuits Foreclosure 3-Judge Panel Opinion

Texas Received $134 Million Dollars as part of the National Mortgage Settlement. How much went to Homeowners affected by Foreclosures? Zero.

Texas $134,628,489 $10 million to the Judicial Fund as civil penalties and
The remaining funds to be directed to the state General Fund.


The five largest mortgage servicers (And Servicers Cannot Foreclose in their Name, at least, that’s what is ‘supposed’ to be the case, but there’s a lot of ‘straw men’ playing with legal entity names and roles in the judiciary to ensure lenders can foreclosure illegally in the State of Texas).

recently agreed to a $25 billion settlement over some questionable mortgage loan servicing and foreclosure practices, including the so-called “robo-signing” activities that came to light in late 2010. Robo-signing refers to the practice of signing mortgage documents without verifying their accuracy as well as other procedural errors. The five mortgage servicers—Ally Financial, Bank of America, Citigroup, JPMorgan Chase and Wells Fargo—collectively service nearly 60 percent of the U.S. mortgage market.

While mortgage loan servicers collect and process mortgage payments and handle defaults and foreclosures, the servicers often do not own the underlying loans.

$26M Class Action Settlement to Benefit Homeowners who Were Locked Out of their Homes by Wells Fargo


JDSA Law represents a certified class of over four thousand homeowners locked out of their homes, by Wells Fargo Bank, prior to completion of a foreclosure.

On June 25, 2018, the United States District Court Eastern District of Washington granted preliminary approval of the class-wide settlement, providing a $26,305,000.00 common fund to benefit affected homeowners.  Clay Gatens, partner with JDSA, is lead class counsel for the homeowners.

“This is a remarkable settlement for the class, and provides a significant recovery for the thousands of Washington homeowners that experienced these illegal lock changes prior to the completion of any foreclosure.” — Attorney Gatens

This case is one of several cases involving Washington homeowners who have had their locks changed by lenders and mortgage servicers prior to foreclosure.  In 2016, Mr. Gatens argued in front of the Washington State Supreme Court, in a case against Nationstar Mortgage, LLC, challenging pre-foreclosure entries and lock changes on Washington borrower’s homes that were in default on their mortgages.  The Washington Supreme Court issued its decision and holding that the pre-foreclosure lock changes violated long-standing Washington law.

Building on that decision, a federal district court ruled that illegal lock changes are a trespass and violate the Washington Consumer Protection Act. The court further ruled that homeowners whose locks were changed before foreclosure can recover damages, including the value of their destroyed lock and, the fair market rental value of their home during the time they were unlawfully locked out.

JDSA Law has successfully represented consumer plaintiffs in class actions against some of the largest lenders, loan servicers, insurance companies, and publicly traded companies in the nation.

These class actions provide an important avenue of relief for groups of people who have experienced a similar harm by a single defendant’s common acts and practices.  JDSA is proud to have developed a talented team of litigators who can successfully take on and prevail in these complex cases, providing important relief to thousands of Washington citizens.

Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Most Popular

texas lawyers

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.

Copyright © 2020 Laws In Texas. | All Rights Reserved.

To Top