HSBC Bank USA, NA v. Crum, No. 17-11206 (5th Cir. 2018)Annotate this Case
The Fifth Circuit affirmed the district court's grant of summary judgment for HSBC in an action seeking to foreclose on defendant's property. The court held that HSBC was the holder of the home equity note and that defendant failed to present evidence raising an issue of material fact as to HSBC's ownership of the note. The court also held that HSBC's suit was timely because defendant's bankruptcy suit tolled the statute of limitations for 127 days. Finally, the court held that defendant waived his argument that the district court erred when it signed and entered a final judgment that authorized a foreclosure sale of the property, without complying with Texas Rule of Civil Procedure 309.