Fifth Circuit

To 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 the deed of trust.

In the Fifth Circuit Court of Appeals decision,  Bartolowits v Wells Fargo  they evaded the motion to amend by the usual call, first argument denial, e.g.

“Motion to Alter or Amend the Judgment. Bartolowits argues that the district court abused its discretion in denying the motion to alter or amend the judgment because Texas law prohibited Wells Fargo from making the tax payment on unsecured property and then charging it to the loan secured by the deed of trust.

“Rule 59(e) ‘motions cannot be used to raise arguments that could, and should, have been made before the judgment issued.’” Marseilles Homeowners Condo. Ass’n Inc. v. Fid. Nat. Ins. Co., 542 F.3d 1053, 1058 (5th Cir. 2008) (per curiam) (quoting Simon v. United States, 891 F.2d 1154, 1159 (5th Cir. 1990)).

Because this argument was made for the first time in the motion to alter or amend judgment, but could have been made prior to entry of judgment, we hold that the district court did not abuse its discretion in denying the motion. AFFIRMED. “

Before KING, HAYNES, and HIGGINSON

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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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