Highway 82/Fannin Joint Venture v. Capital One Bank (In the Matter of: Highway 82)
- Citation:
- Highway 82/Fannin Joint Venture v. Capital One Bank (In re: Highway 82/Fannin Joint Venture), No. 13-41146 (5th Cir. Sept. 9, 2014) (per curiam).
- Tag(s):
-
- Ruling:
- Affirmed dismissal of Debtor/Plaintiff's adversary proceeding for failure to state a claim based on the theory of quasi-estoppel, which Debtor/Plaintiff alleged entitled it to a release of Capital One's lien on real property.
- Procedural context:
- Appeal from district court order affirming bankruptcy court's determination that Debtor/Plaintiff failed to state a claim under FRCP 12(b)(6) because there was no plausible claim for relief under a theory of quasi-estoppel.
- Facts:
- Borrower granted a deed of trust to Capital One providing a lien on real property to secure a promissory note. Borrower transferred lien property to Debtor in exchange for a note; Debtor was aware of Capital One's lien. Debtor made all payments to Borrower, but Borrower eventually stopped making payments to Capital One. Debtor filed a petition for relief to prevent foreclosure. Debtor initiated an adversary proceeding against Capital One seeking a declaratory judgment that it was entitled to a release of Capital One's lien based on quasi-estoppel under Texas law.
- Judge(s):
- Stewart, Owen, Morgan
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