The Lawsuit
(2011-2018)
Below is court documents with the Hon. Judge Smiths’ Opinion, Findings of Facts and Law and Hopkins notice of appeal. (Docs 132-139, Dec. 2017)
Burke v. Deutsche Bank, et al
Below is court documents regarding the Burkes’ original complaint, heard by Judge Lynn Hughes, who we made a formal complaint against and the case was dismissed and then filed with the Hon. Judge Smith’s Court.
The first 5th COA Appeal
(2016)
Herein is the documentation, arguments and opinions in the first COA hearing. En Banc was requested by the Burkes’ which was also denied.
The current 5th COA Appeal
(2018)
This case was appealed by Hopkins after the Hon. Judge Smith’s Dec. 2017 opinion and ruling. With Beck Redden now withdrawing, the first brief has been set back to 18th April, 2018.
Graciously, founder and Partner, Steve Berman along with counsel Ben Harrington of Hagens Berman Sobol Shapiro LLP have agreed to represent the Burkes’ Pro Bono.
Mark Hopkins, representing DB, filed their opening brief on 18th and this has been forwarded on April 19th for discussion by BH.
Hopkins Case Law
Emphasis on Following Cases Pleaded
“The purported assignment of January 20, 2011 is void and absolutely invalid….”
The Hon. Judge Smith, First District Federal Court, Houston, TX
“It is undisputed that IndyMac Bank had been
“dead” since 2008, several years prior to the 2011 assignment. (P.Ex. 6, at p.1). Thus, any post-mortem transaction by that entity would be a nullity under Pool v. Sneed.”
The Hon. Judge Smith, First District Federal Court, Houston, TX
Judge Smiths’ Case Law
Emphasis on Following Cases and noted Differences
in Cited by Opposing Counsel and The Fifth Panel
“An appellate court . . . ought to have power to do justice according to law, and should be more ready to correct its own previous error, if such clearly appears, than to correct the errors of the District Court. Justice is better than consistency.”
“..unless (iii) the decision was clearly erroneous and would work a manifest injustice…”
“..But Casterline never contested the validity of that assignment, so the issue of MERS’ capacity as principal or agent was never considered (much less decided) by that court. Id. at 317 (“Casterline has not challenged the assignment of the Security Instrument [by MERS] to OneWest.”)…”
“..The most current and comprehensive treatment of this issue by the Texas Supreme Court is Cavaness v. General Corp…”
“..Cavaness remains good law to this day, its teachings frequently applied in Texas courts. The Fifth Circuit has frequently recognized Cavaness as controlling authority. The first such case was Northern Propane Gas Co. v. Cole, 395 F.2d 1 (5th Cir. 1968)….”
“To eliminate any possible doubt, an appropriate course might be to certify the question to the Texas Supreme Court under Texas Rule of Appellate Procedure 58.1.”
“The Fifth Circuit has occasionally invoked this procedure for home equity lien cases under the Texas Constitution.”
Stringer v. Cendant Mortgage Corp., 23 S.W.3d 353 (Tex. 2000); cf. Priester v. JP Morgan
Chase Bank, N.A., 708 F.3d 667 (5th Cir. 2013), abrogated by Wood v. HSBC Bank USA, N.A., 505 S.W.3d 542, 548 (Tex. 2016).
The List
of BDF Legal Attorneys
Damian W Abreo
Fired.
Jennifer Paige B Jackson
Fired.
Coury Matthews Jacocks
Fired after Bench Trial. Hopkins took over.
Warren E Johnsey
Removed.
Mark Daniel Hopkins
BDF’s Bounty Hunter.
Shelley L. Hopkins
ex BDF Senior Attorney