- Case Type:
- Case Status:
- No. 17-11206 (5th Circuit, Oct 17,2018) Published
- 5th Circuit affirmed district court (ND Tx.)'s grant of plaintiff's motion for summary judgment in foreclosure suit. Debtor defendant appealed to 5th Circuit. Plaintiff was valid holder of note with standing to assert claim. Delegating note servicing to third party did not assign note. Debtor failed to demonstrate a genuine issue of material fact. Claim was timely based on two tolling periods for debtor's bankruptcy and then when he filed suit to prevent foreclosure. Debtor failed to raise argument that judgment was invalid before trial court and thus waived argument.
- Procedural context:
- District court (ND Tx.) granted plaintiff's motion for summary judgment in foreclosure suit. Debtor defendant appealed to 5th Circuit.
- In 2004, Crum executed note and signed security agreement for lien on his real property. HSBC became the holder of the note and security interest in 2009. When Crum stopped making timely payments, HSBC's mortgage service (Wilshire) notified Crum of default and intent to accelerate, followed by a notice of acceleration on June 10, 2009. Under Texas law, HSBC had four years from that date, or until June 10, 2013, to foreclose. On June 3, 2010, Crum filed for chapter 7 bankruptcy and obtained a discharge on October 7, 2010. HSBC subsequently commenced foreclosure action. Crum then filed an independent lawsuit in state court on July 43, 2011, seeking to prevent HSBC's foreclosure. HSBC obtained summary judgment on November 14, 2012.
- Stewart, Wiener, Higginson
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