December 27, 2013
Texas Court Found That There Was no Gap in Chain of Title
The court in deciding Acosta v. Fannie Mae, 2013 U.S. Dist. LEXIS 148066 (S.D. Tex. 2013) found that Under Section 51.0025 of the Texas Property Code, BOA had standing to foreclose as servicer of the loan. Plaintiff asserted numerous claims … Continue reading
December 27, 2013 in Texas | Permalink | No Comments
December 1, 2013
Texas Court Finds Plaintiff’s “Split-the-Note” Theory Without Merit
The court in deciding Morlock, L.L.C. v. JPMorgan Chase Bank, N.A., 2013 U.S. Dist. LEXIS 153386 (S.D. Tex. Oct. 25, 2013) ultimately dismissed plaintiff’s bifurcation theory based complaint. Plaintiff alleged that the deed of trust had been “executed and delivered . … Continue reading
December 1, 2013 in Texas | Permalink | No Comments
November 26, 2013
Texas Court Finds That MERS Had Authority to Assign, Thus Defendant Could Enforce Note
The plaintiff in Hines v. Wells Fargo Bank, N.A., 2013 U.S. Dist. LEXIS 153895 (S.D. Tex. Oct. 28, 2013), contended that defendants could not show an unbroken chain of title to enforce the note because MERS had no authority to … Continue reading
November 26, 2013 in Texas | Permalink | No Comments
November 24, 2013
Texas Court Dismisses Plaintiff’s Wrongful Foreclosure Action, as MERS was Authorized to Assign the Note and Deed of Trust to Defendant
The court in deciding Perez v. Deutsche Bank Nat’l Trust Co., 2013 U.S. Dist. LEXIS 153947, 2013 WL 5781208 (W.D. Tex. Oct. 25, 2013) dismissed the plaintiff’s wrongful foreclosure. Plaintiff alleged that the defendant’s foreclosure action was wrongful. Also plaintiff … Continue reading
November 24, 2013 in Texas | Permalink | No Comments
November 12, 2013
Texas Court of Appeals Finds That Plaintiff’s Claim – That the Note and Deed of Trust Became “Split” – Has No Basis in Law
The Court of Appeals of Texas, Ninth District in deciding Townsend v. Barrett Daffin Frappier Turner & Engel, LLP, 2013 Tex. App. LEXIS 13515, 2013 WL 5874607 (Tex. App. Beaumont Oct. 31, 2013) affirmed the lower court’s decision holding that … Continue reading
November 12, 2013 in Texas | Permalink | No Comments
November 8, 2013
BAC Not Required to Evidence Holding Note in Texas Fourth Court of Appeals
In Lowery v. Bank of America, N.A., 2013 Tex. App. LEXIS 13114 (Tex. App. San Antonio Oct. 23, 2013), the Texas Fourth Court of Appeals affirms summary judgment for BAC Home Loan Servicing, LP dismissing homeowner’s claim that without evidence … Continue reading
November 8, 2013 in Texas | Permalink | No Comments
November 6, 2013
Homeowners in Fifth Circuit Fail to Defeat Deutsche Bank Assignments
In Reinagel v. Deutsche Bank Nat’l Trust Co., 2013 U.S. App. LEXIS 22133 (5th Cir. Tex. July 11, 2013), the U.S. Court of Appeals for the Fifth Circuit upheld the Texas district court’s decision to grant Deutsche Bank’s motion to dismiss the … Continue reading
November 6, 2013 in Texas | Permalink | No Comments
