GERMAIN v. US BANK NATIONAL ASS'N

No. 18-10508.

920 F.3d 269 (2019)

Michael GERMAIN, Plaintiff-Appellant v. US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2006-7, Mortgage Pass-Through Certificates, Series 2006-7; Ocwen Loan Servicing, L.L.C., Defendants-Appellees

United States Court of Appeals, Fifth Circuit.

FILED April 3, 2019.


Attorney(s) appearing for the Case

Julie Pettit , Dallas, TX, David Blake Urteago , Urteago, P.C., Dallas, TX, for Plaintiff-Appellant.

Susan Allison Kidwell , Locke Lord, L.L.P., Austin, TX, Arthur Elex Anthony, Esq. , Matthew Kyle Hansen, Esq. , Thomas F. Loose, Esq. , Robert Thompson Mowrey , Locke Lord, L.L.P., Dallas, TX, for Defendants-Appellees.

Before WIENER, DENNIS, and OWEN, Circuit Judges.


I. FACTS AND PROCEDURAL HISTORY

In 2005, Plaintiff-Appellant Michael Germain ("Germain") executed a deed of trust in favor of Morgan Stanley to refinance his home loan. Defendant-Appellee Ocwen Loan Servicing, LLC ("Ocwen") began servicing his loan in 2012. In 2014, U.S. Bank N.A., as Trustee for Morgan Stanley Mortgage...

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