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BARZELIS v. FLAGSTAR BANK, F.S.B.

No. 14-10782.

784 F.3d 971 (2015)

Stacy BARZELIS, individually and as Representative of the Estate of Nicholas Barzelis, Deceased, Plaintiff-Appellant v. FLAGSTAR BANK, F.S.B.; Unknown Parties, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 22, 2015.

Attorney(s) appearing for the Case

Jack B. Peacock, Jr. (argued), David M. Vereeke, Gagnon, Peacock & Vereeke, P.C., Dallas, TX, for Plaintiff-Appellant.

Kirsten Marisol Castaneda (argued), Calvin Don Clayton, Esq., Attorney, Jason Robert Marlin, Esq.,   Robert Thompson Mowrey, Locke Lord, L.L.P., Dallas, TX, for Defendants-Appellees.

Before REAVLEY, SMITH, and GRAVES, Circuit Judges.

Stacy Barzelis appeals the dismissal of her various state-law claims against Flagstar Bank, F.S.B. ("Flagstar"), as preempted under the Home Owners' Loan Act of 1933 ("HOLA"), as well as a summary judgment on her claim under the Real Estate Settlement Procedures Act of 1974 ("RESPA"). Applying regulatory guidance from...

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