750 Fed.Appx. 301 (5th Cir. 2018), 18-10365, Johnson-Williams v. Citimortgage, Inc.

Docket Nº:18-10365
Citation:750 Fed.Appx. 301
Opinion Judge:PER CURIAM:
Party Name:Cheryl JOHNSON-WILLIAMS, also known as Cheryl Angrum, Plaintiff-Appellant v. CITIMORTGAGE, INCORPORATED, Defendant-Appellee
Attorney:Cheryl Johnson-Williams, Pro Se Walter McInnis, Bryan Timothy Brown, C. Charles Townsend, Esq., Akerman, L.L.P., Dallas, TX, for Defendant-Appellee
Judge Panel:Before KING, SOUTHWICK, and ENGELHARDT, Circuit Judges.
Case Date:September 20, 2018
Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit
 
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Page 301

750 Fed.Appx. 301 (5th Cir. 2018)

Cheryl JOHNSON-WILLIAMS, also known as Cheryl Angrum, Plaintiff-Appellant

v.

CITIMORTGAGE, INCORPORATED, Defendant-Appellee

No. 18-10365

United States Court of Appeals, Fifth Circuit

September 20, 2018

UNPUBLISHED

Editorial Note:

Please Refer Federal Rule of Appellate Procedure Rule 32.1. See also U.S.Ct. of App. 5th Cir. Rules 28.7 and 47.5.

Page 302

Appeal from the United States District Court for the Northern District of Texas, USDC No. 3:17-CV-2072

Cheryl Johnson-Williams, Pro Se

Walter McInnis, Bryan Timothy Brown, C. Charles Townsend, Esq., Akerman, L.L.P., Dallas, TX, for Defendant-Appellee

Before KING, SOUTHWICK, and ENGELHARDT, Circuit Judges.

OPINION

PER CURIAM:[*]

In 2006, Cheryl Johnson-Williams bought a house in Grand Prairie, Texas. She funded the purchase by executing a note in favor of Everett Financial, Inc., in the amount of $169,078. A deed of trust secured the note. The original beneficiary of the mortgage assigned the deed to CitiMortgage, Inc. When Johnson-Williams defaulted on the note, CitiMortgage noticed a non-judicial foreclosure sale for August 5, 2014. CitiMortgage then bought the property and received a substitute trustee’s deed.

Page 303

Then began a troika of lawsuits, culminating in the one at hand. Johnson-Williams1 sued CitiMortgage (among others) in Texas state court, alleging fraud, violations of Texas Civil Practice and Remedies Code § 12.002, and slander of title. See Johnson-Williams v. Mortg. Elec. Registration Sys., Inc., 675 Fed.Appx. 396, 397 (5th Cir. 2017) (per curiam). The case was removed to federal court and ultimately dismissed. See id. at 397-99. The district court determined that her challenges to the validity of the loan documents rested on theories rejected in the Texas courts and that she lacked standing to challenge the assignment of the deed to CitiMortgage. See

Johnson-Williams v. CitiMortgage, Inc., No. 3:14-CV-3927, 2015 WL 4997811, at *4-11 (N.D. Tex. Aug. 19, 2015). We affirmed. See Johnson-Williams, 675 Fed.Appx. at 402.

CitiMortgage then filed a forcible detainer action in a Texas justice of the peace court. Johnson v. CitiMortgage, Inc., No. 05-16-00931-CV, 2017 WL 2871453, at *1 (Tex.App.— Dallas July 5, 2017, no pet.) (mem. op., not designated for publication). A forcible detainer action determines the right to immediate possession of a property, but not the merits of title. See Williams v. Bank of N.Y. Mellon, 315 S.W.3d 925, 926 (Tex.App.— Dallas 2010, no pet.).2 The justice court entered judgment in favor of CitiMortgage, which the county court and court of...

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