Fifth Circuit

What Void Can and Cannot Do in Texas Law

So let’s get this in perspective folks, a shaky reason for voiding the TRO means the wrongful foreclosure claim was tossed, yet a Void Deed of Trust doesn’t toss the foreclosure by a Bank.  Get the picture?

In one of the many unpublished cases dismissing “split-the-note” cases after Martins v. BAC Home Loans Servicing, LP, 722 F.3d 249 (5th Cir. 2013), the Fifth Circuit addressed a foreclosure sale that had taken place while a TRO purported to stop it.

REAVLEY, THOMAS M.

ELROD, JENNIFER W.

HAYNES, CATHARINA

Hall v. BAC Home Loans Servicing, No. 12-41023 (Oct. 7, 2013, unpublished).

Because the TRO did not state why it was granted without notice, the Court concluded that it “did not meet the requirements of Texas Rule of Civil Procedure 680,” making it “void under Texas law” and “a mere nullity.”

Accordingly, it could not support a wrongful foreclosure claim.

So let’s get this in perspective folks, a shaky reason for voiding the TRO means the wrongful foreclosure claim was tossed, yet a Void Deed of Trust doesn’t toss the foreclosure by a Bank.  Get the picture?

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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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