Legal Opinion

David Thompson v. Bank of America N.A., et

Court of Appeals for the Fifth Circuit

Decided April 21, 2015No. 14-10560PublishedCited by 48 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

David and Toni Thompson appeal a summary judgment dismissing their state-law claims against Bank of America (“BOA”) and U.S. Bank, N.A. (“U.S. Bank”), arising from of the foreclosure on their home. They also appeal the exclusion of particular exhibits from the summary-judgment evidence. Because BOA did not waive its right to foreclose and made no actionable misrepresentations, we affirm.

I

The Thompsons purchased the property in 2006 with a loan from Countrywide Home Loans, BOA’s predecessor in interest. They executed a promissory note (“Note”) and deed of trust…

2Cases cited13 opinions

  1. Mike Gines v. D.R. Horton, IncorporatedCourt of Appeals for the Fifth Circuit · 2012
  2. Ulico Casualty Co. v. Allied Pilots Ass'nTexas Supreme Court · 2008
  3. Munoz v. OrrCourt of Appeals for the Fifth Circuit · 2000
  4. James Miller v. BAC Home Loans Servicing, LCourt of Appeals for the Fifth Circuit · 2013
  5. United States v. MartinezCourt of Appeals for the Fifth Circuit · 2001

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3Cited by48 opinions

  1. Abigail Bacon v. Avis Budget Group IncCourt of Appeals for the Third Circuit · 2020
  2. Weinhoffer v. Davie ShoringCourt of Appeals for the Fifth Circuit · 2022
  3. Justice v. Wells Fargo Bank National Ass'n ex rel. Registered Holders of Bear Stearns Asset Backed Securities, I, L.L.C.Court of Appeals for the Fifth Circuit · 2016
  4. Stallings v. Citimortgage, Inc.Court of Appeals for the Fifth Circuit · 2015
  5. Timothy Martin v. Federal National Mtge AssocCourt of Appeals for the Fifth Circuit · 2016

43 more not listed; retrieve them via the Exa API.

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