Legal Opinion

Wilfredo Rivera v. Bank of America, N.A., e

Court of Appeals for the Fifth Circuit

Decided April 23, 2015No. 14-40837UnpublishedCited by 5 opinions

1Opinion of the Court

PER CURIAM: *

This is a mortgage-foreclosure case arising under Texas state law. The sole issue on appeal is whether the statute of limitations bars Defendants-Appellees from accelerating the loan and foreclosing. Plaintiffs-Appellants Wilfredo and Ines Rivera appeal the district court’s decision granting Appellees’ motion for summary judgment on their Texas state-law claims.

The Riveras insist that Appellees’ right to foreclose is time-barred. The Riveras received an acceleration notice in 2004, meaning that,- according to the Riveras, Defendant-Appellee Bank of America, N.A.’s (Bank of…

2Cases cited5 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. HOLY CROSS CHURCH OF GOD IN CHRIST v. WolfTexas Supreme Court · 2001
  3. Auguster v. Vermilion Parish School BoardCourt of Appeals for the Fifth Circuit · 2001
  4. Khan v. GBAK Properties, Inc.Court of Appeals of Texas · 2012
  5. Philip Watson v. CitiMortgage, IncorporatedCourt of Appeals for the Fifth Circuit · 2013

3Cited by5 opinions

  1. Justice v. Wells Fargo Bank National Ass'n ex rel. Registered Holders of Bear Stearns Asset Backed Securities, I, L.L.C.Court of Appeals for the Fifth Circuit · 2016
  2. Timothy Martin v. Federal National Mtge AssocCourt of Appeals for the Fifth Circuit · 2016
  3. In re ShankUnited States Bankruptcy Court, S.D. Texas · 2017
  4. Nancy Calderon v. Bank of New York MellonCourt of Appeals for the Fifth Circuit · 2019
  5. Wong v. Cyfred, LTD & GillSuperior Court of Guam · 2019

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