WELLS FARGO BANK NATIONAL ASSOCIATION AS TRUSTEE FOR SOUNDVIEW HOME LOAN TRUST 2007 OPT5 ASSET BACKED CERTIFICATES SERIES 2007 OPT5 v. PITRE (2019)

Travis Pitre appeals the district court’s judgment deciding that Wells Fargo is the owner of a note and beneficiary of the deed of trust, authorizing judicial foreclosure for Wells Fargo. The record supports that judgment, and it is affirmed.

The note and the deed of trust were executed by Pitre in 2007. He has been in default since 2011. The loan was assigned by the original lender to an entity who assigned to Wells Fargo. Pitre filed a bankruptcy petition and the bankruptcy court acknowledged the validity of the lien, then entitled to foreclosure by the loan servicer for Wells Fargo.

Despite that acceptance in the bankruptcy court, Pitre, acting pro se in the district court, contended that Wells Fargo had no standing. But Wells Fargo proved its ownership of the loan and the assignment by the deed of trust. Pitre’s objection is only to say the assignments were “fraudulent” or “fabricated”. No fact issue was raised, as the magistrate judge found. Pitre claimed one assignment failed because it was signed in blank, but the note was transferred and no more was required than what Wells Fargo offered. Other arguments are waived by failure to be made in the district court.

AFFIRMED.

FOOTNOTES

FOOTNOTE.  

PER CURIAM:* FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.