All of us Judge out of Appeals, Fifth Circuit

All of us Judge out of Appeals, Fifth Circuit

Zero. 16-20393

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Albert Morris aims to set out brand new foreclosure of your real assets located at 54 This new Egg-shaped St., Glucose Land, Colorado 77479 (the new Property) also to restore his arms of the house, he forgotten from inside the earlier county legal litigation. Morris is attractive both the section court’s assertion regarding their motion to help you remand to state court additionally the region court’s dismissal from his states. Because Rooker-Feldman philosophy forecloses federal subject jurisdiction in cases like this, we really do not address the fresh new deserves out-of Morris’s claims. Consequently, i VACATE the brand new area court’s judgment and you can REMAND the fact so you can brand new area judge having recommendations so you’re able to remand for the suitable Tx county courtroom.

Morris defaulted towards his domestic equity loan from inside the 2005. Wells Fargo and Solution You to Home loan Business (Alternative One) next registered a credit card applicatoin to foreclose with the Property. Once a tx county courtroom supplied the new foreclosure application when you look at the , Morris filed another type of lawsuit to end foreclosures of the property. The fresh new 400th Official Area Courtroom out-of Fort Fold State reaffirmed the fresh judgment giving new foreclosure software and disregarded Morris’s criticism from inside the , and you may American Real estate loan Maintenance, Inc. (American Domestic) step 1 obtained the newest bid purchasing the house or property. Two months later, this new Fort Flex County Judge at Law No. 4 affirmed an order giving a forcible detainer facing Morris and issued hands of the house to American Home, as well as on attract the brand new Houston Earliest Region Court out of Appeals affirmed the fresh view of the Condition Judge.

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