Opinion
No. 16-10563
11-11-2016
ERNEST C. SMALLWOOD, JR.; EARTHA Y. SMALLWOOD, Plaintiffs-Appellants, v. BANK OF AMERICA NATIONAL ASSOCIATION; BANK OF NEW YORK MELLON, Defendants-Appellees.
Summary Calendar Appeal from the United States District Court for the Northern District of Texas
USDC No. 3:15-CV-601 Before JOLLY, SMITH, and GRAVES, Circuit Judges. PER CURIAM:
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. --------
The magistrate judge aptly described this pro se action as follows: "In this garden-variety mortgage foreclosure case, Plaintiffs sought to avoid a threatened foreclosure sale of their home by contending that a transfer of interest between two entities was invalid due to an improper assignment of the note and/or deed of trust on the property. They requested quiet title in their favor, damages, a declaratory judgment, and an injunction preventing the foreclosure."
In a thorough and convincing eight-page analysis, the magistrate judge recommended that the district court grant the defendant banks' motion to dismiss. The district court agreed, and the plaintiffs appeal.
We affirm, essentially for the reasons given by the magistrate judge. The assignment was authorized by well-established Fifth Circuit law. See, e.g., Ferguson v. Bank of N.Y. Mellon Corp., 802 F.3d 777, 780 (5th Cir. 2015); Reece v. U.S. Bank Nat'l Ass'n, 762 F.3d 422, 425 (5th Cir. 2014); Martins v. BAC Home Loans Servicing, LP, 722 F.3d 249, 253, 255 (5th Cir. 2013). The quiet-title theory fails because the plaintiffs had no sound title, having made their last mortgage payment in 2007. The plaintiffs' other contentions are equally meritless, as the magistrate judge explained.
The judgment of dismissal is AFFIRMED.