Deutsche Bank National Trust Co. v. Burke

After the magistrate judge concluded, on remand, that defendants met the remaining requirements to foreclose on their mortgage under Texas law, the Fifth Circuit reversed and rendered judgment in favor of Deutsche Bank. The court held that the magistrate judge defied a previous mandate and contravened the law of the case doctrine by concluding that the court's prior opinion was clearly erroneous and that failure to correct the error would result in manifest injustice. In this case, the magistrate judge found no impediment to foreclosure other than a supposed defect in the assignment, and any such imperfection did not change the fact that MERS and its successors and assigns were entitled to foreclose on defendants' property. View "Deutsche Bank National Trust Co. v. Burke" on Justia Law