§Why CasetextPricing

Haase et al v. Countrywide Home Loans, Inc. et al

MOTION for Summary Judgment on Counterclaim

16 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 241,327 times   39 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 220,711 times   41 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  3. Wells v. BAC Home Loans Servicing, L.P.

    CIVIL ACTION NO. W-10-CA-00350 (W.D. Tex. Apr. 26, 2011)   Cited 56 times
    Holding that Texas law does not require production of the original promissory note

  4. Life Ins. Co. of Virginia v. Gar-Dal Inc.

    570 S.W.2d 378 (Tex. 1978)   Cited 124 times
    Holding conclusory affidavit statement that payments had not been credited toward a debt was insufficient to raise fact issue with regard to the affirmative defense of offsets

  5. Litton Loan Servicing, L.L.P. v. Eads (In re Eads)

    417 B.R. 728 (Bankr. E.D. Tex. 2009)   Cited 25 times
    Finding Bankruptcy Rule 3001 satisfied when the creditor was able to prove it was assigned both the note and the deed of trust

  6. Edwards v. Ocwen Loan Servicing, LLC

    CIVIL ACTION NO. 9:10cv89 (E.D. Tex. Mar. 12, 2012)   Cited 20 times
    Holding that plaintiff did not state a viable claim for negligent representation because the alleged misrepresentation—the mortgage servicer would not foreclose on the property while plaintiff's loan modification application was pending—was a promise of future conduct

  7. Kiggundu v. Mortgage Electronic Registration Systems

    CIVIL ACTION NO. 4:11-1068 (S.D. Tex. Jun. 30, 2011)   Cited 18 times
    Holding that the plaintiff did not have the right to complain if the terms of the PSA were not followed and that his argument regarding violations of the PSA had no merit in connection with precluding the defendant's right to foreclose

  8. Lawson v. Gibbs

    591 S.W.2d 292 (Tex. Civ. App. 1979)   Cited 48 times
    Holding that the defendant was not required to show that the deed of trust had been assigned to it because the defendant was in possession of the note and the note was indorsed in blank

  9. West v. First Bap. Ch. of Taft

    123 Tex. 388 (Tex. 1934)   Cited 46 times
    Holding that a bona fide holder of a note is also a bona fide holder of the deed of trust executed to secure it

  10. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 336,292 times   161 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  11. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 23,259 times   16 Legal Analyses
    Providing for service via CM/ECF Systems

  12. Section 51.0001 - Definitions

    Tex. Prop. Code § 51.0001   Cited 300 times   1 Legal Analyses
    Recognizing " mortgagee may be the mortgage servicer"

  13. Section 3.104 - Negotiable Instrument

    Tex. Bus. & Com. Code § 3.104   Cited 133 times   1 Legal Analyses
    Defining "negotiable instruments"

  14. Section 3.205 - Special Indorsement; Blank Indorsement; Anomalous Indorsement

    Tex. Bus. & Com. Code § 3.205   Cited 62 times
    Discussing blank indorsement

  15. Rule 736 - Expedited Order Proceeding

    Tex. R. Civ. P. 736   Cited 231 times

    736.1. Application (a)Where Filed. An application for an expedited order allowing the foreclosure of a lien listed in Rule 735 to proceed must be filed in a county where all or part of the real property encumbered by the loan agreement, contract, or lien sought to be foreclosed is located or in a probate court with jurisdiction over proceedings involving the property. (b)Style. An application must be styled "In re: Order for Foreclosure Concerning [state: property's mailing address] under Tex. R

  16. Rule 735 - Foreclosures Requiring a Court Order

    Tex. R. Civ. P. 735   Cited 65 times

    735.1. Liens Affected Rule 736 provides the procedure for obtaining a court order, when required, to allow foreclosure of a lien containing a power of sale in the security instrument, dedicatory instrument, or declaration creating the lien, including a lien securing any of the following: (a) a home equity loan, reverse mortgage, or home equity line of credit under article XVI, sections 50(a)(6), 50(k), and 50(t) of the Texas Constitution; (b) a tax lien transfer or property tax loan under sections