Cervantes v. Ocwen Loan Servicing, L.L.C., 090618 FED5, 16-41569
|Opinion Judge:||PER CURIAM.|
|Party Name:||ALESSANDRO F. CERVANTES, Plaintiff-Appellant v. OCWEN LOAN SERVICING, L.L.C.; HOMEEQ SERVICING CORPORATION; NEW CENTURY FINANCIAL CORPORATION; U.S. BANK, N.A.; ELDON L. YOUNGBLOOD, Defendants-Appellees|
|Judge Panel:||Before DAVIS, HAYNES, and GRAVES, Circuit Judges.|
|Case Date:||September 06, 2018|
|Court:||United States Courts of Appeals, Court of Appeals for the Fifth Circuit|
Appeal from the United States District Court for the Southern District of Texas USDC No. 5:16-CV-129
Before DAVIS, HAYNES, and GRAVES, Circuit Judges.
Alessandro Cervantes appeals the district court's dismissal of his suit as barred by res judicata and requests permission to appeal in forma pauperis (“IFP”). Because Cervantes does not raise any non-frivolous issues, we deny the IFP motion and dismiss the appeal.
Cervantes received a loan from New Century Mortgage Corporation to buy a home in 2006. To secure the loan, Cervantes signed a deed of trust granting New Century a lien on the property. The deed of trust was later assigned to U.S. Bank, N.A., and was serviced by Ocwen Loan Servicing, L.L.C.
After Cervantes stopped making payments on the loan, U.S. Bank instituted foreclosure proceedings. Cervantes sued in Texas state court to stop foreclosure. He requested that the mortgage be voided because the assignment to U.S. Bank was, he believed, not properly recorded. Cervantes also sued for slander of title, statutory fraud, and sought other declaratory and injunctive relief. In addition to New Century, U.S. Bank, and Ocwen, Cervantes named Barclays Capital Real Estate Inc. (doing business as HomEq Servicing) and Mortgage Asset Securitization Transactions, Inc. as defendants.
The defendants removed the case to federal court in the Southern District of Texas. See Cervantes v. New Century Mortg. Corp., No. 5:14-CV- 180 (S.D. Tex. Nov. 10, 2014). The Southern District of Texas dismissed the claims against the defendants with prejudice. See Cervantes v. New Century Mortg. Corp., No. 5:14-CV-180, 2015 WL 12765515 (S.D. Tex. May 11, 2015). We affirmed that decision. See Cervantes v. New Century Mortg. Corp., 633 Fed.Appx. 290 (5th Cir. 2016) (per curiam).
About two months after we affirmed dismissal, Cervantes again filed suit in Texas state court. This time, he also sued Eldon Youngblood, a substitute trustee to the foreclosure proceedings. Unlike the other defendants, Youngblood is a citizen of Texas, from where Cervantes also hails.
Defendants removed this second suit to the Southern District of Texas. A federal court would not typically have diversity jurisdiction to hear the case because Cervantes...
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