Legal Opinion

Diana Rucker v. Bank of America, N.A.

Court of Appeals for the Fifth Circuit

Decided November 20, 2015No. 15-10373PublishedCited by 27 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

Diana Rucker appeals a summary judgment in favor of Bank of America, N.A. (“BOA”), regarding her default on a home mortgage. Rucker specifically appeals the conclusions that Section 51.002(d) of the Texas Property Code does not give rise to a private cause of action and that claims under the Texas Debt Collection Act (“TDCA”) are subject to the economic-loss rule. We affirm on other grounds.

I

Rucker bought her house in 2005 with a $175,000 loan from Argent Mortgage Company, LLC (“Argent”), executing a note and deed of trust. Argent assigned the deed of trust to…

2Cases cited5 opinions

  1. LeMaire v. Louisiana Department of Transportation & DevelopmentCourt of Appeals for the Fifth Circuit · 2007
  2. James Miller v. BAC Home Loans Servicing, LCourt of Appeals for the Fifth Circuit · 2013
  3. McCaig Ex Rel. Estate of McCaig v. Wells Fargo Bank (Texas), N.A.Court of Appeals for the Fifth Circuit · 2015
  4. Dsc Communications Corporation Dsc Technologies Corporation, and Cross v. Next Level Communications Thomas R. Eames Peter W. Keeler, and CrossCourt of Appeals for the Fifth Circuit · 1997
  5. Palmer Ex Rel. Palmer v. Waxahachie Independent School DistrictCourt of Appeals for the Fifth Circuit · 2009

3Cited by27 opinions

  1. Cynthia Garza v. Wells Fargo Bank, N.A.Court of Appeals for the Fifth Circuit · 2016
  2. Alberetta Williams v. Deutsche Bank National Trust CompanyDistrict Court, W.D. Texas · 2020
  3. Byrd v. Lakeview Loan ServicingCourt of Appeals for the Fifth Circuit · 2021
  4. Carmon v. Carrington Mortgage Services, LLCDistrict Court, S.D. Texas · 2025
  5. Colbert v. Wells Fargo BankCourt of Appeals for the Fifth Circuit · 2021

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