June 27, 2014
Texas Court Rejects Claims Brought on the Grounds of “Show-me-the-Note” and “Split-the-Note” Theories
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
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
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
May 23, 2014 in Texas | Permalink | No Comments
April 28, 2014
Texas Court Dismisses Claims Centered Around FDCPA and TDCPA Violations
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
April 28, 2014 in Texas | Permalink | No Comments
Texas Court Rejects Break-in-the-Chain Claim
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
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
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
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
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
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
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
January 9, 2014 in Texas | Permalink | No Comments