5th Circuit Reinstates Challenge Of Foreclosure, Finds 2 Rulings Changed Texas Law

Mealey's (August 18, 2017, 2:21 PM EDT) -- NEW ORLEANS — A Fifth Circuit U.S. Court of Appeals panel on Aug. 15 partially reversed a trial court’s decision and ruled that Wood v. HSBC Bank USA, N.A., 505 S.W.3d 542 (Tex. 2016), and Garofolo v. Ocwen Loan Servicing, L.L.C., 497 S.W.3d 474 (Tex. 2016), constitute intervening changes in law sufficient enough to provide a borrower with post-judgment relief on her claim to preclude foreclosure (Tina Alexander v. Wells Fargo Bank, N.A., et al., No. 16-20500, 5th Cir., 2017 U.S. App. LEXIS 15279)....