Iroh v. Bank of Am., NA

5 Citing cases

  1. Vindustrialist LLC v. Wilmington Sav. Fund Soc'y FSB

    4:23-cv-02827 (S.D. Tex. Jan. 29, 2024)   Cited 1 times

    “Under Texas common law, a debtor may recover for wrongful foreclosure when an irregularity in the foreclosure sale contributes to recovery of an inadequate price for the property.” Iroh v. Bank of Am., N A, No. 4:15-CV-1601, 2015 WL 9243826, at *4 (S.D. Tex. Dec. 17, 2015), aff'd Iroh v. Bank of Am., N.A., 730 Fed.Appx. 236 (5th Cir. 2018) (quoting Matthews v. JPMorgan Chase Bank, NA, No. 3:11-CV-00972-M, 2011 WL 3347920, at *2 (N.D. Tex. Aug.1, 2011) (citing Am. Sav. & Loan Ass'n of Houston v. Musick, 531 S.W.2d 581, 587 (Tex. 1975))).

  2. Preston v. New Century Mortg. Corp.

    Civil Action H-22-1460 (S.D. Tex. Oct. 21, 2022)   Cited 1 times

    Foreclosing under a deed of trust seeks to enforce a security instrument and is not a debt collection covered by that Act. “The activity of foreclosing on a property pursuant to a deed of trust is not the collection of debt within the meaning of the FDCPA” Iroh v. Bank of Am., N.A., No. 15-cv-1601, 2015 WL 9243826, at *4 (S.D. Tex. Dec. 17, 2015) (quoting reference omitted and alterations removed), aff'd, 730 Fed.Appx. 236 (5th Cir. 2018); see also Brown v. Morris, 243 Fed.Appx. 31, 35 (5th Cir. 2007) (“[O]ur court has at least implicitly recognized that a foreclosure is not per se FDCPA debt collection.”)

  3. Prather v. CitiMortgage, Inc.

    NO. 4:18-CV-668-A (N.D. Tex. Jan. 8, 2019)   Cited 4 times

    Rather, she appears to be relying on a theory of attempted wrongful foreclosure, but there is no such cause of action. Foster v. Deutsche Bank Nat'l Tr. Co., 848 F.3d 403, 406-07 (5th Cir. 2017); Iroh v. Bank of Am., N.A., No. 4:15-CV-1601, 2015 WL 9243826, at *4 (S.D. Tex. Dec. 17, 2015). And, one who has never lost possession of her property cannot recover on a wrongful foreclosure theory.

  4. Sam v. Wells Fargo Bank, N.A.

    Civil Action 4:15-cv-03194 (S.D. Tex. Jul. 15, 2016)   Cited 3 times
    Noting that some courts have held that the rule bars fraud claims while "courts have also held that the economic loss rule does not necessarily bar fraud claims"

    (citation omitted)); Iroh v. Bank of America, N.A., 2015 WL 9243826, at *4 (S.D. Tex. Dec. 17, 2015). 2016 WL 2858903, at *5.

  5. Farshchi v. Wells Fargo Bank, N.A.

    CIVIL ACTION NO. H-15-1692 (S.D. Tex. May. 12, 2016)   Cited 12 times

    (citation omitted)); Iroh v. Bank of America, N A, Civ. Action No. 4:15-CV-1601, 2015 WL 9243826, at *4 (S.D. Tex. Dec. 17 , 20 1 5). Courts have rejected arguments based on lack of proper notice when the sale did not occur.