Legal Opinion

Payne v. Wells Fargo Bank National Ass'n

Court of Appeals for the Fifth Circuit

Decided February 11, 2016No. 15-10366PublishedCited by 11 opinions

1Opinion of the Court

PER CURIAM: *

After Wells Fargo Bank, N.A. foreclosed on Candis Payne’s home, she sued in Tex*835as state court, alleging, among other claims, that Wells Fargo failed to provide proper notice and failed to apply insurance proceeds to cure her default. Wells Fargo removed the case to federal court and moved for summary judgment, which the court granted. We affirm.

In November 2006, Payne obtained a loan from LMI Funding to buy a house in Dallas, Texas. She signed a promissory note and a deed of trust, which were transferred to Wells Fargo in 2007. In February 2008, a fire damaged Payne’s' home and…

2Cases cited16 opinions

  1. Formosa Plastics Corp. USA v. Presidio Engineers and Contractors, Inc.Texas Supreme Court · 1998
  2. Doe v. Boys Clubs of Greater Dallas, Inc.Texas Supreme Court · 1995
  3. Mullins v. TestAmerica, Inc.Court of Appeals for the Fifth Circuit · 2009
  4. Daniels v. City of ArlingtonCourt of Appeals for the Fifth Circuit · 2001
  5. Lamar Homes, Inc. v. Mid-Continent Casualty Co.Texas Supreme Court · 2007

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3Cited by11 opinions

  1. Bates Energy Oil & Gas v. Complete Oilfield Servs.District Court, W.D. Texas · 2019
  2. Donald Washington III v. Navy Federal Credit UnionDistrict Court, S.D. Texas · 2026
  3. Ellis v. Carrington Mortgage Services, LLCDistrict Court, S.D. Texas · 2021
  4. Linda Rutherford v. U.S. Bank National Association and Select Portfolio ServicesDistrict Court, S.D. Texas · 2026
  5. Matthew Kowalewski, et al. v. Select Portfolio Servicing Inc., et al.District Court, N.D. Texas · 2026

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