Saddle Blanket 1316 Land Trust v. Bank of N.Y. Mellon

2 Citing cases

  1. Loto v. Pingora Loan Servicing, LLC

    CASE NO. 3:18-cv-2644-M-BK (N.D. Tex. Jun. 21, 2019)

    In such a case, a plaintiff "must recover on the strength of its own title, and not the weakness of its adversary's." Saddle Blanket 1316 Land Trust v. Bank of New York Mellon, No. 4:15-CV-401-A, 2015 WL 7736239, at *3 (N.D. Tex. Nov. 30, 2015) (McBryde, J.). In their First Amended Complaint, Plaintiffs allege, in relevant part, that (1) they purchased the Property, (2) at the time of purchase, they executed a deed of trust in favor of Envoy Mortgage Company, (3) Defendant claims ownership of the deed of trust by virtue of an assignment, (4) Plaintiffs believe Defendant is a non-existent entity, and (5) Defendant, as a non-existent entity, may not hold an interest in real estate, including an interest in a deed of trust.

  2. Ostberg v. Bank of Am.

    No. 05-17-00255-CV (Tex. App. May. 31, 2018)

    The fact that Bell later incorporated a business called America's Wholesale Lender, Inc. does not invalidate the deed of trust Ostberg executed three years earlier. See Saddle Blanket 1316 Land Trust v. The Bank of N.Y. Mellon, No. 4:15-CV-401-A, 2015 WL 7736239, at *2 (N.D. Tex. Nov. 30, 2015) ("The fact that a business using the name 'America's Wholesale Lender' was later incorporated has no bearing on the validity of the documents executed by Moates."). Ostberg's authorities do not support a contrary result.