12/21/2012 02:50:43 PM EST
5th Circuit Affirms Defendant's Summary Judgment Award In Foreclosure Suit
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LexisNexis® Mealey's™ Mortgage Lending Legal News
NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Nov. 30 affirmed a summary judgment award to defendants in a wrongful foreclosure suit, finding that a federal judge in Texas did not err in finding that the defendants' acceptance of payments after a couple went into default on their mortgage loan did not result in a waiver of the loan agreement (Pete Thomas, et al. v. EMC Mortgage Corp., et al., No. 12-10143, 5th Cir.; 2012 U.S. Dist. LEXIS 24693).
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