You Legal of Appeals, Fifth Circuit
You Legal of Appeals, Fifth Circuit Zero. 16-20393 Albert Morris seeks to set out the newest foreclosures of one’s loans Westminster CO actual property found at 54 Brand new Egg-shaped St., Glucose Belongings, Tx 77479 (the fresh new Property) and to fix his palms of the house, which he forgotten for the earlier state court legal actions. Morris is attractive both area court’s assertion off his activity so you’re able to remand to say judge as well as the district court’s dismissal out of his states. As the Rooker-Feldman philosophy forecloses federal matter jurisdiction in this case, we do not target the brand new deserves out of Morris’s claims. Accordingly, we VACATE the fresh new area court’s judgment and you can REMAND your situation to help you brand new district court that have tips so you’re able to remand into the suitable Tx state court. Morris defaulted to your his family security loan when you look at the 2005. Wells Fargo and you will Solution One to Home loan Firm (Option That) subsequently registered a credit card applicatoin so you can foreclose towards Property. After a colorado condition judge supplied the foreclosures app within the , Morris submitted a special suit to quit foreclosure of the property. New 400th Official Section Courtroom of Fort Fold County reaffirmed the newest judgment granting the fresh foreclosure app and you may dismissed Morris’s criticism inside the , and Western Home mortgage Repair, Inc. (American Home) 1 acquired the fresh new quote to find the house. Two months later on, the brand new Fort Flex County Judge in the Legislation Zero. cuatro affirmed an order giving an excellent forcible detainer facing Morris and you can approved fingers of the property to American Home, as well as on desire the newest Houston Earliest Section Court from Is attractive affirmed this new view of your own State Judge. The property is sooner or later shown in order to Wells Fargo due to an alternative trustee’s action. […]