Appellate Judges

Update: A Texas Lawyer’s Personal Battle and Foreclosure Defense v Deutsche Bank National Trust Co and Ocwen Loan Servicing LLC

The 5th Circuit is indeed trying to ignore the controlling precedent in Texas regarding the deed of trust as nothing more than an appurtenance to the promissory note – Foster.

LIT UPDATE

LIT received the following petiton from Ms. Foster on June 14, 2021 along with her message; “Check out my Petition for Review to the Texas Supreme Court on the plain meaning of Tex. CONST. Art. 16 50(c)”. We’ve provided a copy below.

LIT COMMENTARY

LIT received the following communications from Ms. Foster and we’re providing the content in this article for those that may find it informative. For background, we suggest reading this 2016 Memorandum and Opinion and the subsequent appeal to the Fifth Circuit and their Published Opinion.

Judge Jolly

“The 5th Circuit is indeed trying to ignore the controlling precedent in Texas regarding the deed of trust as nothing more than an appurtenance to the promissory note.

See Pope V. Beauchamp.

The matter is on appeal in the 7th court of appeals”

– R. N. ‘Nachael’ Foster.

Appellate Brief

Appellee Brief

Appellant Reply Brief

LIT has attached the current schedule.

This appeal is set for a decision on Wednesday, January 27, 2021.

Foster continues

Under Tex. Civ. Prac. Rem. 65.041

A court may not require an applicant for a temporary restraining order to execute a bond to the adverse party before the order may issue if:

(1) the applicant submits an affidavit that meets the requirements of Section 65.043 to the court;  and

(2) the court finds that the order is intended to restrain the adverse party from foreclosing on the applicant’s residential homestead.

See https://codes.findlaw.com/tx/civil-practice-and-remedies-code/civ-prac-rem-sect-65-041.html

The sole issue before a trial court in a temporary injunction hearing is whether the applicant may preserve the status quo, pending trial on the merits. Davis v. Huey, 571 S.W.2d 859, 862 (Tex. 1978); T-N-T Motorsports, Inc. v. Hennessey Motorsports, Inc., 965 S.W.2d 18, 21 (Tex.App.-Houston [1st Dist.] 1998, pet. dism’d).

To be entitled to a temporary injunction, an applicant must plead a cause of action, show a probable right to recover on that cause of action, and show a probable injury in the interim. Sun Oil Co. v. Whitaker, 424 S.W.2d 216, 218 (Tex.1968); T-N-T Motorsports, 965 S.W.2d at 23.

A probable right of success on the merits is shown by alleging a cause of action and presenting evidence that tends to sustain it. T-N-T Motorsports, 965 S.W.2d at 23-24. Probable injury includes elements of imminent harm, irreparable injury, and no adequate remedy at law for damages. Id. at 24.

See https://scholar.google.com/scholar_case?case=13113454727176221607&q=substantial+likelihood+of+success&hl=en&as_sdt=4,44

But the 5th has held that if you get a TRO then you have failed to state a cause of action in Texas.

The case has been blindly followed at least 27 times.

https://scholar.google.com/scholar_case?case=3185819599974130079&q=foster+v+deutsche+bank+national+trust+co&hl=en&as_sdt=3,44

–   Regina Nachael Howell Foster

Texas Second Court of Appeals Reverses Lower Court in Homeowner’s Lawsuit Against Mackie Wolf, a Foreclosure Mill

Texas Second Court of Appeals has considered the record on appeal in this case and holds that there was error in the trial court’s judgment.

A Landowner’s Fight to Prevent The Big Skim in San Antonio Bankruptcy Court

The property is worth far more than than the $20.3 million bid by Schumacher. Appraisals have valued the land at as much as $52 million.

Price Doesn’t Meet the High Standards Needed for a Pro Se Coming Before the Court, Sayeth the Fifth Circuit

What’s interesting here is Stanley Price complained about lower court Judge Vance, who was succeeded, albeit temporarily, by Judge Engelhardt who sat on the latest CA5 appeal.

On a secondary note, we see the Fifth’s increase in warnings to pro se homeowner cases is on the uptick in 2020/21. LIT notes a couple of earlier appeals relative to a bankruptcy at the Fifth Circuit earned Ms. Foster the label of filing frivolous IFP appeal(s). e.g cases, 15-10778 and 15-10278, both dated March30, 2016. The 3-panel: Judges Higginbotham, Elrod and Southwick.

This was before the above foreclosure appeal and opinion, which was released Feb. 8, 2017.

Update: A Texas Lawyer’s Personal Battle and Foreclosure Defense v Deutsche Bank National Trust Co and Ocwen Loan Servicing LLC
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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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