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BURCIAGA v. DEUTSCHE BANK NAT. TRUST CO.

No. 16-40826.

871 F.3d 380 (2017)

Jesse C. BURCIAGA; Edna K. Burciaga, Plaintiffs-Appellants v. DEUTSCHE BANK NATIONAL TRUST COMPANY as Trustee, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 18, 2017.

Attorney(s) appearing for the Case

Roger M. Yale , Yale Law Group, McKinney Denton, TX, for Plaintiffs-Appellants.

Thomas F. Loose, Esq. , Arthur Elex Anthony, Esq. , Alexa Rae Watt , Locke Lord, L.L.P., Dallas, TX, for Defendant-Appellee.

Before PRADO, HIGGINSON, and COSTA, Circuit Judges.

The Burciagas defaulted on their home equity loan in 2011. In 2013, Deutsche Bank filed a foreclosure suit in Texas state court. Without holding a hearing — as required by Texas law — the state court entered a foreclosure order. Although Texas law expressly required that any challenge to the foreclosure...

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