Sue White, et al v. DLJ Mortgage Capital, Inc., No. 17-51140 (5th Cir. 2018)

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Case: 17-51140 Document: 00514756482 Page: 1 Date Filed: 12/11/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-51140 United States Court of Appeals Fifth Circuit FILED December 11, 2018 SUE WHITE; RICHARD WHITE, Lyle W. Cayce Clerk Plaintiffs - Appellants v. DLJ MORTGAGE CAPITAL, INCORPORATED, Defendant - Appellee Appeal from the United States District Court for the Western District of Texas USDC No. 5:17-CV-396 Before STEWART, Chief Judge, KING and OWEN, Circuit Judges. PER CURIAM:* In 2016, a Texas state court issued an order authorizing DLJ Mortgage Capital, Inc., to foreclose on property owned by Sue and Richard White. The Whites subsequently sued DLJ seeking to prevent the foreclosure. DLJ removed the suit to federal court, and the district court granted summary judgment in favor of DLJ. The Whites appealed. While this appeal was pending, DLJ foreclosed on the Whites’ house. The Whites vacated the property and signed an expansive release, surrendering any claims related “to the loan Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Case: 17-51140 Document: 00514756482 Page: 2 Date Filed: 12/11/2018 No. 17-51140 which gave rise to the foreclosure, the foreclosure process, [and] the [f]oreclosure [s]ale.” When pressed on the issue of mootness at oral argument, counsel for the Whites only argued that the controversy was still live because the court should reverse the district court’s grant of summary judgment and find that the statecourt order authorizing foreclosure is barred by the statute of limitations. Given that the foreclosure sale authorized by the state court has already occurred, we are not inclined to do that. To the extent that the Whites seek some other remedy, counsel has failed to present it to this court. Appeal DISMISSED. Each party shall bear its own costs. 2

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