SGK Properties, LLC v. U.S. Bank National Assoc., No. 17-20130 (5th Cir. 2018)Annotate this Case
The Fifth Circuit affirmed the district court's dismissal of appellants' respective claims against U.S. Bank and Ocwen. The court held that there was complete diversity of citizenship among the parties and affirmed the district court's denial of SGK and Katz's motion to remand; because there was no genuine dispute of material fact concerning U.S. Bank's authority to collect on the Note and enforce the Deed of Trust, the court affirmed the district court's grant of U.S. Bank's motion for summary judgment; the court affirmed the district court's denial of Weinreb's standing challenge; Weinreb's fraudulent representation claim was properly dismissed; and for the same reasons the court affirmed the summary judgment dismissal of SGK and Katz's original claims and the dismissal of Weinreb's fraudulent misrepresentation claim, the court held that SGK and Katz's attempts to pursue these claims would have been futile and the district court did not abuse its discretion by disallowing the amendment.