Legal Opinion

the Bank of New York Mellon F/K/A the Bank of New York v. Redbud 115 Land Trust

Texas Court of Appeals, 5th District (Dallas)

Decided December 9, 2014No. 05-13-01149-CVPublishedCited by 8 opinions

1Opinion of the Court

OPINION

Opinion by

Justice Lang-Miers

The trial court rendered a no-answer default judgment against The Bank of New York Mellon in favor of Redbud 115 Land Trust. The Bank brings this restricted appeal contending there is error apparent on the face of the record because it does not show that the Trust properly served the Bank. We agree, reverse the default judgment, and remand to the trial court for further proceedings.

Background

The Trust acquired property in Kaufman County that was subject to a deed of trust purportedly in favor of the Bank. The Trust contacted the Bank about curing any default…

2Cases cited6 opinions

  1. Texas Lottery Commission v. First State Bank of DeQueenTexas Supreme Court · 2010
  2. George Alexander D/B/A Zentner's Daughter Steakhouse v. Lynda's BoutiqueTexas Supreme Court · 2004
  3. Primate Construction, Inc. v. SilverTexas Supreme Court · 1994
  4. Fidelity & Guaranty Insurance Co. v. Drewery Construction Co.Texas Supreme Court · 2006
  5. Insurance Co. of the State of Pennsylvania v. LejeuneTexas Supreme Court · 2009

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3Cited by8 opinions

  1. Bank of New York v. Chesapeake 34771 Land TrustCourt of Appeals of Texas · 2015
  2. Bank of New York F/K/A the Bank of New York as Trustee for the Certificateholders of the CWABS Inc. Asset Back Certificates, Series 2005-9 v. Chesapeake 34771 Land Trust, Texas Court of Appeals, 8th District (El Paso)2015
  3. Bank of New York Mellon F/K/A Bank of New York as Trustee for the Certificate Holders of CWABS, Inc., Asset-Backed Certificates Series 2006-10 v. NSL Property Holdings, LLC, Texas Court of Appeals, 2nd District (Fort Worth)2018
  4. Convergence Aviation, Inc. and Convergence Aviation, Ltd. v. Onala Aviation, LLC, Texas Court of Appeals, 5th District (Dallas)2020
  5. Deutsche Bank National Trust Company as Trustee for the Registered Holders of Morgan Stanley ABS Capital I Inc., Trust 2007-NC4 Mortgage Pass Through Certificates, Series 2007-NC4 v. Kindi Shepard, Texas Court of Appeals, 12th District (Tyler)2021

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