Legal Opinion

Covey v. Ocwen Loan Servicing, Inc.

Court of Appeals for the Fifth Circuit

Decided June 30, 2014No. 13-50729Published

1Opinion of the Court

PER CURIAM: *

Plaintiff-Appellant Larry Covey appeals the dismissal of his complaint seeking to enjoin Defendants-Appellees Ocwen Loan Servicing and U.S. Bank (“Ocwen”) from foreclosing on his property. Because Covey’s complaint fails to state a claim for relief, we AFFIRM.

*422I.

In 2006, Covey purchased property in Leander, Texas, financing his purchase with a home loan from Home 128 Corporation. In exchange for the loan, Covey executed a promissory note and a deed of trust encumbering the Leander property in favor of Home 123 Corporation.

Several years later in 2013, Ocwen, acting as the loan…

2Cases cited12 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Doe Ex Rel. Magee v. Covington County School DistrictCourt of Appeals for the Fifth Circuit · 2012
  4. Firstier Mortgage Co. v. Investors Mortgage InsuranceSupreme Court of the United States · 1991
  5. Nobles v. MarcusTexas Supreme Court · 1976

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