Posts Tagged ‘U.S. Fifth Circuit Court of Appeals’

U.S. Fifth Circuit Court of Appeals Rules Foreclosing in Texas Without the Note is Okay

U.S. Fifth Circuit Court of Appeals Rules Foreclosing in Texas Without the Note is Okay

Specifically, the Fifth Circuit held that the split-the-note theory, "is inapplicable under Texas law where the foreclosing party is a mortgage servicer and the mortgage has been properly assigned," adding that, "the party to foreclose need not possess the note... (Continue reading)