Moore v. Wells Fargo, No. 22-20138 (5th Cir. 2024)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on July 7, 2023.
Download PDF
Case: 22-20138 Document: 59-1 Page: 1 Date Filed: 03/18/2024 United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit FILED March 18, 2024 No. 22-20138 ____________ Lyle W. Cayce Clerk Linda Moore; Thomas Moore, Jr., Plaintiffs—Appellants, versus Wells Fargo Bank, National Association, as trustee for MASTR Asset Backed Securities Trust 2004-OPT2, Mortgage Pass-Through Certificates; PHH Mortgage Corporation, Defendants—Appellees. ______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 4:20-CV-3299 ______________________________ Before Graves, Ho, and Duncan, Circuit Judges. Per Curiam:* In 2020, Linda and Thomas Moore sought declaratory judgment that their mortgage lenders could not foreclose on their home. The Moores claimed that the statute of limitations period had run, because the lender accelerated the loan in 2016. The lenders filed for summary judgment and _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-20138 Document: 59-1 Page: 2 Date Filed: 03/18/2024 No. 22-20138 responded that subsequent notices sent to the Moores served to reset the limitations period. The district court granted summary judgment. The Moores appealed, asserting that the subsequent notices did not reset the limitations period, because Texas law prohibited lenders from sending notes that simultaneously rescind and reaccelerate a loan. Because Texas law is unclear as to whether any time must pass between a rescission and a reacceleration, we certified the following question to the Supreme Court of Texas: “May a lender simultaneously rescind a prior acceleration and re-accelerate a loan under Civil Practice and Remedies Code Section 16.038?” The Texas Supreme Court responded that “a rescission . . . resets limitations even if it is combined with a notice of reacceleration.” Moore v. Wells Fargo Bank, et. al., No. 23-0525, 2024 WL 735927 *2 (Tex. Feb. 23, 2024). So under Texas law, the lenders’ rescission and reacceleration notices did reset the statute of limitations period for foreclosure. Accordingly, we AFFIRM. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
