REFinBlog

March 20, 2013

Texas District Court Found that Bank Had Standing because it had Promissory Note and Affidavit

In Santarose v. Aurora Bank FSB, No. H-10-0720 (S.D. Texas 2010), homeowners alleged wrongful foreclosure. The homeowner executed a promissory note in connection with a purchase money loan from Lehman Brothers Bank. The homeowners executed a deed of trust securing the payment … Continue reading →

March 13, 2013

Texas Court of Appeals Holds that Foreclosure Proceedings Do Not Require Production of the Original Note

In Hornbuckle v Countrywide Home Loans, Inc.,  No. 02-09-00330-CV (TX Ct. App. 2, May. 19, 2011), the court affirmed a lower court decision allowing judicial foreclosure. The homeowners purchased home by obtaining an FHA loan from Principal Residential Mortgage, Inc. … Continue reading →

January 10, 2013

Texas Case Distinguishes Between a Holder and an Owner of Promissory Notes

In Martin v. New Century Mortgage Company, et al., 2012 Tex. App. Lexis 4705 (Houston 1st Court of Appeals, June 14, 2012), the plaintiffs executed a deed of trust and promissory note with New Century Mortgage Corporation. The deed of … Continue reading →

Waiver and Equitable Estoppel Argument Rejected by Texas Court

The federal Court of Appeals in Texas affirmed a district court’s dismissal of the plaintiff’s claims in Wigginton v. Bank of New York Mellon, et al., No. 12-10136, (5th Cir. 2012). Two weeks after two default notices were sent to … Continue reading →

General Challenge to MERS Rejected by Texas Federal District Court

The United States Southern District Court of Texas defended MERS in Richard v. CIT Group, et al., No. H-12-848 (S.D. Tex Jul. 21, 2012). The plaintiff’s attorney challenged the standing of the defendants and the use of MERS. The plaintiff … Continue reading →

January 4, 2013

Exceptions for Mortgagee’s Lack of Standing to Challenge Assignments in Texas

In Kramer v. Federal National Mortgage Association, et al., No. A-12-CA-276-SS (W.D. Tex May 15, 2012), the Western District Court in Austin, the home owner sued Fannie Mae, MERS, and Countrywide to quiet title and for a fraudulent foreclosure. Although … Continue reading →

December 31, 2012

Mortgagee Lacks Standing to Challenge Assignments in Texas

Bridges v. JP Morgan Chase Bank, N.A., et al., No. A-12-CA-635-SS (W.D. Tex Sept. 21, 2012), is a recently decided federal district court decision in Texas. The Western District Court in Austin granted the defendant’s motion to dismiss the plaintiff’s suit. … Continue reading →