Legal Opinion

Rochelle Gordon v. JP Morgan Chase Bank, N.A., et

Court of Appeals for the Fifth Circuit

Decided January 3, 2013No. 12-20323UnpublishedCited by 4 opinions

1Opinion of the Court

PER CURIAM: *

This case arises from the plaintiffs unsuccessful efforts to obtain a permanent modification of her mortgage. The district court granted the defendants’ motion to dismiss for failure to state a claim. Because we find that the agreements between the parties are subject to the statute of frauds, and because the plaintiff has not alleged that the defendants signed — or promised to sign — any written modification to those agreements, we AFFIRM the district court’s order.

FACTS AND PROCEEDINGS

Plaintiff Rochelle Gaspard Gordon entered into a home mortgage loan for $190,000 with…

2Cases cited13 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. John W. Dussouy, Jr. v. Gulf Coast Investment CorporationCourt of Appeals for the Fifth Circuit · 1981
  3. Wigod v. Wells Fargo Bank, N.A.Court of Appeals for the Seventh Circuit · 2012
  4. Harrington v. State Farm Fire & Casualty Co.Court of Appeals for the Fifth Circuit · 2009
  5. Sullivan v. Leor Energy, LLCCourt of Appeals for the Fifth Circuit · 2010

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3Cited by4 opinions

  1. Miller v. Citimortgage, Inc.District Court, N.D. Texas · 2013
  2. Sivertson v. Citibank, N.A.District Court, E.D. Texas · 2019
  3. Kay H. Turner v. U.S. Bank National Association, Not in It's Individual Capacity, But Solely as Trustee for the RMAC Trust, Series 2016CTTDistrict Court, W.D. Texas · 2024
  4. Pittard v. CitiMortgage, Inc.District Court, W.D. Texas · 2020

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