Hardaway v. Select Portfolio Servicing, Inc. and Deutsche Bank National Trust Co.
(4:18-cv-01062) District Court, S.D. Texas
JUN 28, 2021 | REPUBLISHED BY LIT: SEP 10, 2021
*Pursuant to 5TH CIRCUIT RULE 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIRCUIT RULE 47.5.4. ——–
Monica and Glenn Hardaway, proceeding pro se in state court, filed an action seeking damages and relief from the foreclosure on their house based on their assertion that the defendants, Deutsche Bank National Trust Company (“Deutsche Bank”) and Select Portfolio Servicing, Inc. (“SPS”), lacked the “standing” or legal authority to foreclose because they fraudulently or invalidly obtained the foreclosure rights of the original lender, Long Beach Mortgage Company (“LBMC,” also known as Long Beach Mortgage Loan Company).
The case was removed to federal court, where the district court granted summary judgment for the defendants after concluding in pertinent part that the Hardaways had defaulted on their loan; that there was no break in the chain of title between LBMC and Deutsche Bank; that—regardless of the validity of any assignment—Deutsche Bank had authority to foreclose because it possessed the note endorsed in blank; and that SPS was the lawful mortgage servicer under Texas law and thus had the authority to administer the foreclosure.
Templated Order Listing Reasons to Strike Pro Se Pleadings
The district court also denied the Hardaways’ motion for leave to appeal in forma pauperis (“IFP”) and certified that the appeal was not taken in good faith.
See McGarrah v. Alford, 783 F.3d 584, 584 (5th Cir. 2015).
The Hardaways move for leave to appeal IFP.
“An appeal is taken in good faith if it raises legal points that are arguable on the merits and thus nonfrivolous.” Id.
The Hardaways’ IFP request “must be directed solely to the trial court’s reasons for the certification decision.”
Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997).
This court may dismiss an appeal “when it is apparent that an appeal would be meritless.”
Id. at 202 n.24; see 5TH CIR. R. 42.2.
BDF Hopkins Response Deemed Legally Incompetent by Burke in Reply in Support of Rule 59(e) Motion
If the law and Const. is applied correctly by an impartial judiciary who follow the rule of law it should have no difficulty vacating judgment
The Bounty Hunters, BDF Hopkins Response to Rule 59(e) Motion Re Burke
Burke v PHH Ocwen, Hopkins Law, PLLC, Mark Hopkins and Shelley Hopkins before Bent Judge Al Bennett, SDTX, Houston.
Eleventh Circuit: Federal Judge Abused His Powers By Documented Perjury, But He Can Still Preside Over Case
A 3-Panel consisting of familiar Judges Charles Wilson, Kevin Newsom and R Lanier Anderson defies logic and the law in this perverted opinion.
