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Tuesday, January 21, 2020

Wells Fargo wins a court appeal in Texas court that was filed in 2016

State Court

By James Ledbetter | Jan 9, 2020

In December of 2016, Appellee Wells Fargo won a court appeal that was filed by Brian Justice and the Texas court ruled that Mr. Justice was to pay all outstanding balances to Wells Fargo.

According to Judge Higginbotham, Judge Prado, and Judge Graves who ruled over court case #15-20615, in 2006 Mr. Brian Justice took out a $720,000 mortgage on his home using Maverick Residential Mortgage, Inc.

Then in 2007, Maverick Residential INC. transferred the balance owed to EMC Mortgage Corporation. The debt collection was then assigned to Wells Fargo a year later in 2008.

According to court records, Mr. Justice defaulted on the debt. Records show that EMC sent Mr. Justice notice of default in December 2008 and a notice of acceleration in March 2009.

According to EMC, in September of 2009, the company sent Mr. Justice a brand new payment plan that Mr. Justice agreed to, court records show. The new plan would allow Mr. Justice to make three payments of $3,293 over a 2 month period.

The payment period started on November 1 of 2009 and would end on January 1, 2010. In the agreement, EMC said they would not pursue the previous default, as long as Mr. Justice made the payment agreed upon in the contract.  

However, the agreement stated that EMC reserved the right to continue the foreclosure of the property if Mr. Justice only paid partial payments. The agreement stated that Mr. Justice was to make all three payments before January 1, 2010.

According to court records, on November 6, 2009, and December 7, 2009, Mr. Justice made two payments of $3,250 that EMC received. Although disputed at the court, both Mr. Justice and EMC  acknowledge that the restitution plan never took effect. They also agree that the contract is not binding for either party.

In August 2010, EMC sent an added notice of expedition. When the notice went unanswered, In September 2010, another attempt was made by EMC to foreclose on the property under Texas State code of civil procedure 736.

A year later In October 2011, Justice filed suit against EMC and Wells Fargo in which he alleged that there were multiple causes of action related to the loan. However, upon Mr. Justice's request,  the suit was dismissed.

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