Johnson-Williams v. CitiMortgage, Inc., 092018 FED5, 18-10365

Docket Nº:18-10365
Opinion Judge:PER CURIAM
Party Name:CHERYL JOHNSON-WILLIAMS, also known as Cheryl Angrum, Plaintiff - Appellant v. CITIMORTGAGE, INCORPORATED, 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

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



No. 18-10365

United States Court of Appeals, Fifth Circuit

September 20, 2018

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

Before KING, SOUTHWICK, and ENGELHARDT, Circuit Judges.


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.

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.).2The justice court entered judgment in favor of CitiMortgage, which the county court and court of appeals affirmed. See Johnson, 2017 WL 2871453, at *1.

The Texas court of appeals issued its...

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