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Texas

Friendship

Quick Facts
 
Capital: Austin
 
Area: 267,338 square miles
 
Ranks 2nd in size
 
Nickname: Lone Star State
 
State Slogan: It's Like a Whole Other Country
 
Admission Date: 1845
 
State Flower: Bluebonnet
 
State Bird: Mockingbird
Did you know?
  • Texas has official plays. They are: "The Lone Star" "Texas" "Beyond the Sundown" "Fandangle"
  •  
  • 220 Rhode Islands can fit into the State of Texas.
  •  
  • The Alamo where Davy Crockett, Jim Bowie, and many other freedom fighters made their stand delaying the Mexican army and died is in San Antonio. Texas.
  •  
  • The King Ranch in Texas is bigger than the State of Rhode Island.
  •  
  • Bracken Cave has a population of over 20 million bats.
  •  
  • Texas has been a member of six different nations - Spain, Mexico, France, The Republic of Texas, The Confederate States and the United States of America.

In 1845, Texas became the 28th State to be admitted into the United States of America. Below are excerpts of the Texas Constitution followed by what has and is happening in Texas.


The Constitution of Texas
Humbly invoking the blessings of Almighty God, the people of the State of Texas, do ordain and establish this Constitution.
Preamble

Texas is a free and independent State, subject only to the Constitution of the United States, and the maintenance of our free institutions and the perpetuity of the Union depend upon the preservation of the right of local self-government, unimpaired to all the States.
Article 1, Section 1

No person shall be disqualified to give evidence in any of the Courts of this State on account of his religious opinions, or for the want of any religious belief, but all oaths or affirmations shall be administered in the mode most binding upon the conscience, and shall be taken subject to the pains and penalties of perjury.
Article 1, Section 5

All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences. No man shall be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent. No human authority ought, in any case whatever, to control or interfere with the rights of conscience in matters of religion, and no preference shall ever be given by law to any religious society or mode of worship. But it shall be the duty of the Legislature to pass such laws as may be necessary to protect equally every religious denomination in the peaceable enjoyment of its own mode of public worship.
Article 1, Section 6

The right of trial by jury shall remain inviolate. The Legislature shall pass such laws as may be needed to regulate the same, and to maintain its purity and efficiency. Provided, that the Legislature may provide for the temporary commitment, for observation and/or treatment, of mentally ill persons not charged with a criminal offense, for a period of time not to exceed ninety (90) days, by order of the County Court without the necessity of a trial by jury. (Amended Aug. 24, 1935.)
Article 1, Section 15

No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.
Article 1, Section 19

To guard against transgressions of the high powers herein delegated, we declare that everything in this “Bill of Rights” is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void.
Article 1, Section 29


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It is happening in Texas



Harry Engel's Death Caused By JPMorgan CHASE Foreclosure/'JPMorgan CHASE killed my husband!' Texas woman sues after 'foreclosure caused his heart attack'

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Tags: Texas
Source: http://www.huffingtonpost.com/2012/07/06/harry-engel-death-jpmorgan-chase_n_1651715.html
Article by Jillian Berman, July 6, 2012
http://www.dailymail.co.uk/news/article-2170041/Texas-woman-sues-JPMorgan-Chase-claiming-foreclosure-gave-husband-Harry-Engel-fatal-heart-attack.html

 

Jury awards $5.4 million to couple after finding fraud in foreclosure case
Harris County, Texas is where one of our fraudulent assignments took place. Thank you for standing up to the banks, Texas Jury. If only more people would follow your example...

This homeowner got the opportunity to go to trial and they won. Few homeowners get this opportunity. The right to a defense and due process is denied by summary judgment. That is what happened in both of our cases.
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Source: http://www.houstonchronicle.com/business/article/Jury-awards-5-4-million-to-couple-after-finding-6687502.php
Article by L.M. Sixel, December 10, 2015

 

Houston couple wins $5.4 million in foreclosure fraud suit against Wells Fargo
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Tags: Texas
Source: http://www.housingwire.com/articles/print/35811-houston-couple-wins-54-million-in-foreclosure-fraud-suit-against-wells-fargo
Article by Ben Lane, December 10, 2015

 

The Widow, the Bank, and the $8 Billion Verdict
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Tags: Texas
Source: https://www.dmagazine.com/publications/d-magazine/2018/january/jo-hopper-jpmorgan-chase-lawsuit/
Article by Jill Brousard

 

Rare Plaintiff Victory in Wrongful Foreclosure Case
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Tags: Texas
Source: https://cstrial.com/insights/rare-plaintiff-victory-in-wrongful-foreclosure-case
July 28, 2015

 



Case Excerpts

Below are excerpts from legal cases that we have found during our research. Please note that we are not necessarily recommending or endorsing any of the cases or their outcomes. However, we have found the parts below to be helpful and informative in our battle.



Foreclosure and Assignments
“In fact, Texas has long followed the common law rule which permits a debtor to assert against an assignee any ground that renders the assignment void or invalid

The current edition of American Jurisprudence states the same rule more succinctly, while adding the rationale:
The obligor of an assigned claim may defend a suit brought by the assignee on any ground that renders the assignment void or invalid, but may not defend on any ground that renders the assignment voidable only, because the only interest or right that an obligor of a claim has in the assignment is to ensure that he or she will not have to pay the same claim twice. 6 Am.Jur.2d Assignments § 119 (database updated May 2012)

- foreclosure by the wrong entity does not discharge the homeowner's debt, and leaves them vulnerable to another action on the same note by the true creditor…

The court concludes that under Texas law homeowners have legal standing to challenge the validity or effectiveness of any assignment or chain of assignments under which a party claims the right to foreclose on their property.”
Miller v. Homecomings Financial, LLC, 881 F. Supp. 2d 825 (S.D. Tex. 2012)


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Tags: Texas
Source: Miller v. Homecomings Financial, LLC, 881 F. Supp. 2d 825 (S.D. Tex. 2012)

 

Void Transfer Defense
“The Fifth Circuit [US Fifth Circuit Court of Appeals] held that the mortgagors could argue that the transfers were void, because while “an obligor cannot defend against an assignee's efforts to enforce the obligation on a ground that merely renders the assignment voidable at the election of the assignor, Texas courts follow the majority rule that the obligor may defend `on any ground which renders the assignment void.'" See id. at 225 (first emphasis added) (quoting TriCities Constr., Inc. v. Am. Nat'l Ins. Co., 523 S.W.2d 426, 430 (Tex.Civ.App.Houston [1st Dist.] 1975, no writ)); Ortiz v. Citimortgage, Inc., 954 F.Supp.2d 581, 58687 (S.D.Tex.2013) (holding that plaintiffs could challenge an assignment on grounds that it did not occur because such an allegation goes to the issue of validity ab initio).”
Davis v. Countrywide Home Loans, Inc., 1 F.Supp.3d 638, 644 (S.D. Tex. 2014)

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Tags: Texas
Source: Davis v. Countrywide Home Loans, Inc., 1 F.Supp.3d 638, 644 (S.D. Tex. 2014)

 

A Void Contract Cannot Be Enforced
“See generally Commonwealth Prop. Advocates, L.L.C. v. Mortg. Elec. Registration Sys., 680 F.3d 1194 (10th Cir. 2011) (establishing that mortgagors have both Article III standing and prudential standing in challenging the transfer of a debt instrument).
The law is settled that the obligors of a claim may defend the suit brought thereon on any ground which renders the assignment void, but may not defend on any ground which renders the assignment voidable only, because the only interest or right which an obligor of a claim has in the instrument of assignment is to insure himself that he will not pay the same claim twice.
TriCities,523 S.W.2d at 430 (citing Glass v. Carpenter, 330 S.W.2d 530, 537 (Tex.Civ. App.1959)). “This rule accords with long established principles of contract law. A void contract is ‘invalid or unlawful from its inception' and therefore cannot be enforced." Tyler, 2013 WL 1821754, at *5 (citing 17A C.J.S. Contracts § 169) (2013).”
Ortiz v. Citimortgage, Inc., 954 F.Supp. 2d 581, (S.D. Tex. 2013)

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Source: Ortiz v. Citimortgage, Inc., 954 F.Supp. 2d 581, (S.D. Tex. 2013)

 

Original Note, Holder, and Summary Judgment
“His testimony, however, does not establish production of the original note by plaintiff, and neither does it show that plaintiff is still the owner and holder. Since this essential element of plaintiff's proof is lacking, the summary judgment cannot stand.”
Sherer v. Bench, 549 S.W.2d 57 (Tex. App. 1977)

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Source: Sherer v. Bench, 549 S.W.2d 57 (Tex. App. 1977)