Ashley Martins v. BAC Home Loans Servicing, L.P.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that neither the “show-me-the-note” theory nor the related “split- the-note” theory applies under Texas law
• holding that the statute of frauds also applies to oral modifications to loan agreements
• holding that in Texas “the party to foreclose need not possess the note itself” and that “the mortgage servicer need not hold or own the note and yet would be authorized to administer a foreclosure”
• holding that in Texas “the party to foreclose need not possess the note itself” and that “the mortgage servicer need not hold or own the note and yet would be authorized to administer a foreclosure”
• discussing and rejecting the theory that a mortgage was allegedly “split” from the note through securitization, rendering the note unenforceable
• discussing and rejecting the theory that a mortgage was allegedly “split” from the note through securitization, rendering the note unenforceable

Source: CourtListener parenthetical corpus (CC0).