You Judge out of Appeals, Fifth Circuit
Zero. 16-20393
Albert Morris seeks to put away the newest property foreclosure of real possessions found at 54 This new Oval St., Sugar House, Tx 77479 (the fresh new Property) also to repair their palms of the home, that he shed into the prior condition judge lawsuits. Morris is attractive both the region court’s denial off their action so you’re able to remand to state judge additionally the section court’s dismissal regarding their claims. Once the Rooker-Feldman doctrine forecloses government subject matter legislation in this case, we do not address brand new merits from Morris’s says. Appropriately, i VACATE the new section court’s view and you can REMAND the actual situation to help you this new district judge which have instructions to help you remand into suitable Colorado condition court.
Morris defaulted with the their family equity mortgage into the 2005. Wells Fargo and Solution That Home loan Organization (Choice One to) subsequently registered a credit card applicatoin in order to foreclose on Possessions. After a colorado county court provided new foreclosures app during the , Morris registered a different sort of suit to end foreclosures of the house. This new 400th Judicial Area Courtroom of Fort Bend County reaffirmed the fresh wisdom giving brand new property foreclosure software and disregarded Morris’s grievance in the , and American Real estate loan Repair, Inc. (American Home) 1 won brand new bid to find the property. A few months afterwards, the brand new Fort Flex State Legal from the Law No. cuatro affirmed an order granting a good forcible detainer up against Morris and you will granted arms of the home so you’re able to American Home, as well as on focus the fresh Houston First Section Legal from Appeals verified this new view of your Condition Court. (more…)