On October 17, 2018, the Fifth Circuit held that a potential transfer of the deed of trust does not prove who is the owner of a note and that a bankruptcy stay does toll deadlines for a Texas foreclosure action and that such tolling period must include every day that an entity is prevented from foreclosing because of a bankruptcy stay. The consumer in this case executed a home equity note creating a lien on his home and subsequently defaulted on this note.

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