TRAVIS PHILLIPS v. JP MORGAN CHASE BANK (2017)

United States Court of Appeals, Fifth Circuit.

TRAVIS R. PHILLIPS, Plaintiff - Appellant v. JP MORGAN CHASE BANK, N.A., Defendant - Appellee

No. 16-50692

Decided: January 23, 2017

Before HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges.

For the fifth time, Travis Phillips (“Phillips”) filed suit in an effort to block foreclosure on his home by the lender, JP Morgan Chase Bank, N.A. (“Chase”). After taking judicial notice of materials from the fourth lawsuit, the district court granted Chase's motion to dismiss for failure to state a claim. On appeal, Phillips challenges only the district court's adverse decision on Phillips's claim that the attempted foreclosure is untimely.

In the district court, Phillips argued that Chase previously accelerated the debt in question and then failed to foreclose within the relevant limitations period. Chase argued, and the district court agreed, that its April 11, 2014 letter represented an abandonment of the earlier acceleration and that Phillips's efforts to distinguish relevant precedents are unavailing. We agree with the district court. See Boren v. U.S. Nat'l Bank Assoc., 807 F.3d 99, 106 (5th Cir. 2015).

AFFIRMED.

PER CURIAM:*

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