RUCKER v. BANK OF AMERICA, N.A.

No. 15-10373 Summary Calendar.

806 F.3d 828 (2015)

Diana RUCKER, Plaintiff-Appellant, v. BANK OF AMERICA, N.A., as Successor by Merger to BAC Home Loans Servicing LP as Successor to Countrywide Home Loans, Inc.; Wells Fargo Bank, N.A., as Trustee for the Certificate Holder of Park Place Securities Inc., Asset-Backed Certificate Series 2005-WCW2, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 20, 2015.


Attorney(s) appearing for the Case

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

Nathan Templeton Anderson , Attorney, Richard Dwayne Danner , Litigation Counsel, Frank Jeffrey Cattalano, Esq. , McGlinchey Stafford, P.L.L.C., Dallas, TX, for Defendant-Appellee.

Before REAVLEY, SMITH, and HAYNES, Circuit Judges.


Diana Rucker appeals a summary judgment in favor of Bank of America, N.A. ("BOA"), regarding her default on a home mortgage. Rucker specifically appeals the conclusions that Section 51.002(d) of the Texas Property Code does not give rise to a private cause of action and that claims under the Texas Debt Collection Act...

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