BOBIE KENNETH TOWNSEND, Plaintiff - Appellant v. BAC HOME LOANS SERVICING, L.P., formerly known as Countrywide Home Loans Servicing, L.P., Defendant - Appellee, 461 Fed. Appx. 367

Summary

The district court was not required to explain its reasons for dismissal. Plaintiff's argument that the assignment of the deed of trust to defendant from the original beneficiary was fraudulent because it contained no corporate seal, as required by Tex. Civ. Prac. & Rem. Code Ann. § 16.033 was meritless because Tex. Civ. Prac. & Rem. Code Ann. § 16.033 applied to instruments that convey real property, and the assignment of the deed of trust was not such an instrument. Defendant did not breach the deed of trust by paying the delinquent property taxes because plaintiff did not contest the property tax lien in good faith through a legal proceeding. Plaintiff was not entitled to notice of payment of the property taxes because the deed of trust provides that the lender "may" give such notice. It would have been futile for plaintiff to amend his complaint to invoke the discovery rule because his own pleadings showed that he knew or should have known the basis for his fraud, negligent ...