Summary
holding that plaintiff's wife (the actual borrower) had "defaulted on her obligation to repay the mortgage loan, which mean[t] [plaintiff] [could not] show the second element of a breach of contract claim, performance by plaintiff"
Summary of this case from Dixon v. Wells Fargo Bank, N.A.Opinion
No. 12-20790
07-05-2013
WILLIAM KIPER, Plaintiff - Appellant v. BAC HOME LOANS SERVICING, L.P., also known as Bank of America, N.A.; FEDERAL HOME MORTGAGE ASSOCIATION, also known as Fannie Mae, Defendants - Appellees WILLIAM KIPER, Plaintiff - Appellant v. BAC HOME LOANS SERVICING, L.P., also known as Bank of America, N.A.; FEDERAL NATIONAL MORTGAGE ASSOCIATION, also known as Fannie Mae, Defendants - Appellees
Summary Calendar
Appeal from the United States District Court for the
Southern District of Texas, Houston
USDC No. 4:11-CV-3008
Before REAVLEY, JOLLY, and DAVIS, District 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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 judgment of the district court is affirmed. The difficulties of the Plaintiff do not support a legal claim against the defendants. No defect is alleged in the foreclosure and sale of the Skyline Lane property. No breach of contract legal claim is alleged on behalf of himself or his wife. And no plausible tort claim is alleged. This court has read the opinions of the district court dated August 2, 2012 and November 6, 2012 and finds no error there, nor has any claimed error been briefed as is required.
AFFIRMED.