Legal Opinion

Wilmington Trust, Nat'l Ass'n v. Rob

Court of Appeals for the Fifth Circuit

Decided May 21, 2018No. 17-50115PublishedCited by 12 opinions

1Opinion of the Court

STEPHEN A. HIGGINSON, Circuit Judge:

Kcevin and Angel Rob defaulted on a home equity loan. The Robs' lender, Wilmington Trust, sued for a judgment permitting foreclosure. The district court granted summary judgment in Wilmington Trust's favor. The Robs appeal, arguing that Wilmington Trust is not entitled to foreclosure because the company failed to prove that it provided adequate notice of intent to accelerate. Agreeing, we reverse the summary judgment and render a judgment of dismissal.

I

On July 26, 2007, appellant Kcevin Rob executed a note in the principal amount of $113,600. On the same…

2Cases cited12 opinions

  1. HOLY CROSS CHURCH OF GOD IN CHRIST v. WolfTexas Supreme Court · 2001
  2. Auguster v. Vermilion Parish School BoardCourt of Appeals for the Fifth Circuit · 2001
  3. Ogden v. Gibraltar Savings Ass'nTexas Supreme Court · 1982
  4. Shumway v. Horizon Credit Corp.Texas Supreme Court · 1991
  5. American International Specialty Lines Insurance v. Rentech Steel, L.L.C.Court of Appeals for the Fifth Circuit · 2010

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

3Cited by12 opinions

  1. Butler v. Colonial Savings, F.A.District Court, S.D. Texas · 2020
  2. Byrd v. Lakeview Loan ServicingCourt of Appeals for the Fifth Circuit · 2021
  3. Daniels v. Regions Bank d/b/a Regions MortgageDistrict Court, N.D. Texas · 2020
  4. Linda Moore and Thomas Moore, Jr. v. Wells Fargo Bank, N.A., as Trustee for Mastr Asset Backed Securities Trust 2004-Opt2, Mortgage Pass-Through Certificates, and Phh Mortgage CorporationTexas Supreme Court · 2024
  5. Mitchell v. PHH Mortgage CorporationDistrict Court, N.D. Texas · 2022

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

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