Legal Opinion

De Franceschi v. BAC Home Loans Servicing, L.P.

Court of Appeals for the Fifth Circuit

Decided May 17, 2012No. 11-10860UnpublishedCited by 56 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge: *

I

Robert De Franceschi and Elena Riedo appeal a summary judgment. They bought a duplex in January 2007 financed with a loan by Greenpoint Mortgage Funding, Inc., pursuant to a Loan Agreement. The loan was assigned to U.S. Bank National Association (“U.S.Bank”) that same month, and in December 2008, BAC Home Loans Servicing, L.P. (“BAC”), became the loan servicer. Soon thereafter, the plaintiffs failed to make at least one monthly payment, and the loan was in default. They allege that at that time and on subsequent occasions, BAC incorrectly charged them for…

2Cases cited13 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. S&w Enterprises, L.L.C., a Nevada Limited Liability Company v. Southtrust Bank of Alabama, Na, an Alabama Banking CorporationCourt of Appeals for the Fifth Circuit · 2003
  3. Barbara Cutrera v. Board of Supervisors of Louisiana State University, Louisiana State University Foundation, Marian CaillierCourt of Appeals for the Fifth Circuit · 2005
  4. Fisher v. Metropolitan Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1990
  5. Fahim v. Marriott Hotel Services, Inc.Court of Appeals for the Fifth Circuit · 2008

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

3Cited by56 opinions

  1. Jacked Up, L.L.C. v. Sara Lee CorporationCourt of Appeals for the Fifth Circuit · 2017
  2. Marguerite Hoffman v. David MartinezCourt of Appeals for the Fifth Circuit · 2016
  3. Lawrence Milton v. U.S. Bank National AssociationCourt of Appeals for the Fifth Circuit · 2013
  4. Smith v. JPMorgan Chase Bank, N.A.Court of Appeals for the Fifth Circuit · 2013
  5. Water Dynamics, Ltd. v. HSBC Bank USA, National Ass'nCourt of Appeals for the Fifth Circuit · 2013

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

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