Legal Opinion
Robert Ferguson v. Bank of New York Mellon
Court of Appeals for the Fifth Circuit
Decided October 1, 2015No. 14-20585PublishedCited by 39 opinions
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
Robert and Wendy Ferguson defaulted on their residential mortgage loan and sought to enjoin Bank of New York Mellon Corporation (“BNY”) from foreclosing, claiming that the assignment of the deed of trust (“DOT”) to BNY was void. The Fergusons also brought a false-lien claim under Texas Civil Practice and. Remedies Code § 12.002 against BNY and Mortgage Electronic Registration Systems (“MERS”). The district court granted BNY’s motion to dismiss, and the Fergu-sons appeal. We find no error and affirm.
I
In 2006 the Fergusons purchased a house in Texas with a $510,000…
2Cases cited16 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Stokes v. GannCourt of Appeals for the Fifth Circuit · 2007
- Ashley Martins v. BAC Home Loans Servicing, L.P.Court of Appeals for the Fifth Circuit · 2013
- Reinagel v. Deutsche Bank National Trust Co.Court of Appeals for the Fifth Circuit · 2013
11 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Mendoza v. JPMorgan Chase Bank, N.A.California Court of Appeal · 2016
- Carmona v. OlveraCourt of Appeals for the Fifth Circuit · 2025
- Santander v. SalazarCourt of Appeals for the Fifth Circuit · 2025
- Doe v. FergusonCourt of Appeals for the Fifth Circuit · 2025
- Stanworth v. Bank of America, N.A. (In re Stanworth)United States Bankruptcy Court, E.D. Virginia · 2016
34 more not listed; retrieve them via the Exa API.