June 27, 2014

Texas Court Rejects Claims Brought on the Grounds of “Show-me-the-Note” and “Split-the-Note” Theories

By Ebube Okoli

The court in deciding Hunt v. Worldwide Mortg. Co., 2013 U.S. Dist. (N.D. Tex., 2013) dismissed the plaintiff’s action in its entirety and specifically granted the defendant’s motion to dismiss. Plaintiffs asserted claims for fraud (only against MidFirst and its … Continue reading

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June 27, 2014 in Texas | Permalink | No Comments

May 23, 2014

Texas Court Dismisses Claims of Texas Debt Collection Act and Texas Property Code Violations

By Ebube Okoli

The court in deciding Katz v. JP Morgan Chase Bank N.A., 2013 U.S. Dist., (S.D. Tex. Dec. 18, 2013) granted the motion to dismiss put forth by the defendant. Plaintiff Katz alleged that defendant JP Morgan: (1) violated the Texas … Continue reading

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May 23, 2014 in Texas | Permalink | No Comments

April 28, 2014

Texas Court Dismisses Claims Centered Around FDCPA and TDCPA Violations

By Ebube Okoli

The court in deciding Warren v. Bank of Am., N.A., 2013 U.S. Dist. (N.D. Tex., 2013) granted defendant’s motion to dismiss all of the claims brought by the plaintiff. Plaintiff alleged that MERS could not assign the note or deed … Continue reading

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April 28, 2014 in Texas | Permalink | No Comments

Texas Court Rejects Break-in-the-Chain Claim

By Ebube Okoli

The court in deciding Martinez v. Wilmington Trust Co., 2013 U.S. Dist., (W.D. Tex. 2013) found that plaintiffs’ petition failed to state a claim to which relief could be granted and dismissed the action. Plaintiffs argued that the 2005 assignment … Continue reading

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April 28, 2014 in Texas | Permalink | No Comments

March 3, 2014

United States District Court Rejects Show-me-the-Note Theory and SpIit-the-Note Theory Claims

By Ebube Okoli

In deciding McWright v. Bank of Am., N.A., 2013 U.S. Dist. LEXIS 180500 (N.D. Tex. Nov. 7, 2013) the United States District Court for the Northern District of Texas rejected the plaintiff’s claims. In her complaint, plaintiff raised the following … Continue reading

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March 3, 2014 in Texas | Permalink | No Comments

January 27, 2014

Federal Court of Appeals for the Fifth Circuit Holds that Successor Note Holder had Proper Authority to Initiate Foreclosure Under Texas State Law

By Karume James

Federal Court of Appeals for the Fifth Circuit Holds that Successor Note Holder had Proper Authority to Initiate Foreclosure Under Texas State Law In Hall v. BAC Home Loans Servicing, L.P., the United States Court of Appeals for the Fifth … Continue reading

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January 27, 2014 in Texas | Permalink | No Comments

January 9, 2014

Texas Court Dismisses Action Claiming Fraud in Concealment, Fraud in Inducement, Quiet Title, & Rescission

By Ebube Okoli

The court in deciding Diaz-Angarita v. Countrywide Home Loans, Inc., 2013 U.S. Dist. LEXIS 147091 (S.D. Tex. 2013) eventually dismissed the plaintiff’s claims. Plaintiff asserted causes of action for “fraud in the concealment,” fraud in the inducement, to quiet title, … Continue reading

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January 9, 2014 in Texas | Permalink | No Comments