Legal Opinion
Michael Germain v. US Bank National Association, e
Court of Appeals for the Fifth Circuit
Decided April 3, 2019No. 18-10508PublishedCited by 39 opinions
1Opinion of the CourtWiener, Circuit Judge
I. FACTS AND PROCEDURAL HISTORY
In 2005, Plaintiff-Appellant Michael Germain ("Germain") executed a deed of trust in favor of Morgan Stanley to refinance his home loan. Defendant-Appellee Ocwen Loan Servicing, LLC ("Ocwen") began servicing his loan in 2012. In 2014, U.S. Bank N.A., as Trustee for Morgan Stanley Mortgage Loan Trust 2006-7, Mortgage Pass-Through Certificates, Series 2006-7 ("U.S. Bank"), became the holder of the note secured by that mortgage (Ocwen and U.S. Bank are collectively "the Defendants"). Germain has been in and out of default since 2009 and made his last loan payment…
2Cases cited14 opinions
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Little v. Liquid Air Corp.Court of Appeals for the Fifth Circuit · 1994
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- McCoy v. City of ShreveportCourt of Appeals for the Fifth Circuit · 2007
- Sherman Simon, Jr., Individually and as Next Friend of His Minor Children, Peter Darnell Simon and Keenan Simon, Etc. v. United StatesCourt of Appeals for the Fifth Circuit · 1990
9 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Sharon Rose v. Select Portfolio ServicingCourt of Appeals for the Fifth Circuit · 2019
- Alaniz v. U.S. Renal CareCourt of Appeals for the Fifth Circuit · 2020
- Blanca Estela Andrade Salas, et al. v. SN Servicing Corporation, et al.District Court, N.D. Texas · 2025
- Blanca v. Wal-Mart Store Texas, L.L.C.District Court, S.D. Texas · 2022
- Breaux v. BP Exploration & Production, Inc.District Court, E.D. Louisiana · 2025
34 more not listed; retrieve them via the Exa API.