Defendant's Attorney: Vincent J. Hess and Matthew Hogan Davis

Description: Dallas, Texas consumer law lawyer represented Plaintiff, who sued Defendant on a wrongful foreclosure theory.

Plaintiff-Appellant Leo Robinson purchased a home at 2306 Van
Cleave Drive in Dallas, Texas. He obtained title on the home from the
previous owners, the Browns. The Browns had a mortgage on the home with
Defendant-Appellee Wells Fargo Bank, N.A. After the Browns sold the home
to Robinson, they authorized him to make payments on the mortgage on their
behalf. The Browns made no other alterations to the terms or obligations of
the mortgage. Although Robinson did not assume the mortgage, from about
February 2014 through October 2014, he made five payments to Wells Fargo.
At some point, the Browns defaulted on the mortgage. Wells Fargo
then initiated foreclosure proceedings on the home in 2017. Around July and
August 2017, Wells Fargo posted the property, published a notice in the Daily
Commercial Record for three weeks, and mailed notices to the Browns and
Robinson. The home sold at the foreclosure sale on September 7, 2017, for
$86,500.

More than two years later, in January 2020, Robinson sued Wells
Fargo for wrongful foreclosure in Texas state court. Wells Fargo removed
the case to the district court and moved for summary judgment on
Robinson’s claims.1 The district court granted the motion and dismissed
Robinson’s wrongful foreclosure claim because he was not entitled to notice
of the foreclosure, and even if he was, he received adequate notice under
Texas law. Robinson appeals.

Outcome: Affirmed.

Plaintiff's Experts:

Defendant's Experts:

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