Legal Opinion

Everbank, N.A. v. Seedergy Ventures, Inc.

Court of Appeals of Texas

Decided July 12, 2016No. 14-15-00785-CVPublishedCited by 31 opinions

1Opinion of the Court

OPINION

Tracy Christopher, Justice

This is an appeal from a summary judgment that voided a deed of trust. The main question that we must answer is whether the assignee of the deed of trust has standing to foreclose on the property. The homeowner contends that the assign-ee lacks standing because there are breaks in the chain of assignments and because the assignee is neither the holder nor the owner of the underlying note. We conclude that the homeowner failed to meet its summary-judgment burden of negating the assignee’s standing to foreclose. Furthermore, although we determine that the…

2Cases cited22 opinions

  1. City of Houston v. Clear Creek Basin AuthorityTexas Supreme Court · 1979
  2. Mann Frankfort Stein & Lipp Advisors, Inc. v. FieldingTexas Supreme Court · 2009
  3. MacK Trucks, Inc. v. TamezTexas Supreme Court · 2006
  4. Johnson v. Brewer & Pritchard, P.C.Texas Supreme Court · 2002
  5. Gilbert Texas Construction, L.P. v. Underwriters at Lloyd's LondonTexas Supreme Court · 2010

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

3Cited by31 opinions

  1. SGK Properties, L.L.C. v. U.S. Bank National Ass'nCourt of Appeals for the Fifth Circuit · 2018
  2. Kafi v. Wells Fargo BankCourt of Appeals for the Fifth Circuit · 2025
  3. Ada Elizondo v. U.S. Bank, N.A., Texas Court of Appeals, 13th District2021
  4. Al Wininger and Barbara Wininger v. U.S. Bank National Association as Trustee for the Holders of the Citigroup Mortgage Loan Trust Inc Asset-Backed Pass-Through Certificates Series 2005-HE3, Texas Court of Appeals, 5th District (Dallas)2021
  5. Amaya-Aldaba v. Fifth Third BankDistrict Court, N.D. Texas · 2024

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

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