Articles Posted in US Court of Appeals for the Fifth Circuit

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Plaintiff filed suit against Wells Fargo, alleging nonconformity with the requirements for foreclosing home equity loans and seeking a permanent injunction and forfeiture. The district court held that plaintiff's suit was time barred and dismissed under Federal Rule of Civil Procedure 12(b)(6). The Texas Supreme Court subsequently issued two opinions, Wood v. HSBC Bank USA, N.A., 505 S.W.3d 542 (Tex. 2016), and Garofolo v. Ocwen Loan Servicing, L.L.C., 497 S.W.3d 474 (Tex. 2016). The Fifth Circuit held that Wood and Garofolo constitute intervening changes in law sufficient to justify post-judgment relief for plaintiff on her claim to preclude foreclosure but not on her claim for forfeiture. Accordingly, the court affirmed in part, reversed in part, and remanded for further proceedings. View "Alexander v. Wells Fargo Bank" on Justia Law

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The Fifth Circuit affirmed the dismissal of plaintiff's claims relating to his mortgage and the foreclosure of his home. The court held that the district court did not err in determining that diversity jurisdiction exists in this case; the district court did not err in dismissing plaintiff's claims for lack of standing to foreclose, quiet title, and breach of contract given that each of those claims was based on the assignment being void; in light of the district court's reasoning and the circumstances of this case, the district court did not abuse its discretion in denying plaintiff leave to replead his promissory estoppel claim; and plaintiff waived his argument that the district court erred in denying his motion to amend. View "Bynane v. The Bank of New York Mellon" on Justia Law