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CAP HOLDINGS, INC. v. LORDEN

No. 14-50397.

790 F.3d 599 (2015)

CAP HOLDINGS, INCORPORATED, doing business as Recovery Management International, Plaintiff-Appellant v. Kathleen A. LORDEN; Justin Pruitt; Gary E. Haisler; Urika R. Mendoza; Judith C. Rushing; Joyce M. Stephan, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 22, 2015.

Attorney(s) appearing for the Case

Bruce K. Thomas , Law Office of Bruce K. Thomas, Dallas, TX, for Plaintiff-Appellant.

Matthew Albert Nowak, Esq. , Trial Attorney (argued), Nowak & Stauch, L.L.P., Ashley Anne Smith , Fidelity National Law Group, Dallas, TX, for Defendants-Appellees Kathleen A. Lorden, Gary E. Haisler, Urika R. Mendoza, Judith C. Rushing and Joyce M. Stephan.

Louis Andrew Oliver (argued), Oliver Law Office, Austin, Ashley Anne Smith , Fidelity National Law Group, Dallas, TX, for Defendant-Appellee Justin Pruitt.

Before JOLLY, WIENER, and CLEMENT, Circuit Judges.

In 1990, property encumbered by a deed of trust held by the Resolution Trust Company ("RTC") was foreclosed upon and sold to a third party in a tax sale, purportedly extinguishing the RTC's lien. Two years ago, Plaintiff CAP Holdings, Inc. — the alleged current holder of the deed of trust — sued the current...

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