Reinagel v. Deutsche Bank National Trust Co.
Reinagel v. Deutsche Bank Nat'l Tr. Co., 735 F.3d 220 (5th Cir. 2013)
- Court
- United States Court of Appeals for the Fifth Circuit
- Decided
- 2013-10-29
- Docket
- 12-50569
What happened
The Reinagels said the assignments that gave Deutsche Bank their loan were "robo-signed" and void, so the bank could not foreclose.
What the court decided
The Fifth Circuit held that Texas borrowers may challenge an assignment on grounds that make it void (not merely voidable). But the robo-signing allegations here, at most, made the assignments voidable, and the bank could foreclose.
In the court's words
“Texas courts follow the majority rule that the obligor may defend “on any ground which renders the assignment void.””
Why it may matter to you
You are allowed to question the chain of assignments — but only certain defects count. This case draws the line.
Why it might not apply
The homeowners still lost. Claims of robo-signing alone rarely stop a Texas foreclosure.
Most useful when
- You believe an assignment of your mortgage was forged or robo-signed
How to cite it
The full citation for the first time you mention it, a short form for later, and a sample sentence you can adapt.
Reinagel v. Deutsche Bank Nat'l Tr. Co., 735 F.3d 220 (5th Cir. 2013)Short formReinagel, 735 F.3d 220Draft — check it with free legal aid before you file or say it in court.
In Reinagel v. Deutsche Bank Nat'l Tr. Co., 735 F.3d 220 (5th Cir. 2013), the court held that a Texas borrower may challenge an assignment of the loan on any ground that renders it void, though not on grounds that make it merely voidable. Here, [say in one sentence what happened in your case]
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