context: The Santiagos attempt to distinguish Hobbs Trailers by arguing that their constitutional claims are defensive only. The federal courts considering this argument after Priester have rejected it.
citation_a.signal: no signal
citation_a.identifier: 560 Fed.Appx. 279, 279
citation_a.parenthetical: rejecting argument that declaratory-judgment action was "defense" to foreclosure and as such not constrained by statute of limitations
citation_a.sentence: Moran, 560 Fed.Appx. at 279 (rejecting argument that declaratory-judgment action was “defense” to foreclosure and as such not constrained by statute of limitations); see also Ausmus v. Deutsche Bank Trust Co. Nat’l Ass’n, Civil Action No. 3:13-CV-148, 2013 WL 3938515, at *3 (S.D.Tex. July 29, 2013) (mem. op.); and Sigaran v. U.S. Bank Nat’l Ass’n, No. H-12-3588, 2013 WL 2368336, at *8 (S.D.Tex. May 29, 2013), aff'd, 560 Fed.Appx. 410 (5th Cir.2014) (per curiam) (both rejecting contention that constitutional claims were not barred because limitation statutes do not apply to defenses). In Ausmus, the court explained, “the argument that a violation of Section 50(a)(6) can serve as a defense to foreclosure rests on the view that an unconstitutional home equity loan is void.... Priester rejected that position, concluding that such a loan is merely voidable, and that the effort to invalidate it must be made within the four-year limitations” period.
citation_b.signal: see also
citation_b.identifier: 2013 WL 2368336, at *8
citation_b.parenthetical: both rejecting contention that constitutional claims were not barred because limitation statutes do not apply to defenses
citation_b.sentence: Moran, 560 Fed.Appx. at 279 (rejecting argument that declaratory-judgment action was “defense” to foreclosure and as such not constrained by statute of limitations); see also Ausmus v. Deutsche Bank Trust Co. Nat’l Ass’n, Civil Action No. 3:13-CV-148, 2013 WL 3938515, at *3 (S.D.Tex. July 29, 2013) (mem. op.); and Sigaran v. U.S. Bank Nat’l Ass’n, No. H-12-3588, 2013 WL 2368336, at *8 (S.D.Tex. May 29, 2013), aff'd, 560 Fed.Appx. 410 (5th Cir.2014) (per curiam) (both rejecting contention that constitutional claims were not barred because limitation statutes do not apply to defenses). In Ausmus, the court explained, “the argument that a violation of Section 50(a)(6) can serve as a defense to foreclosure rests on the view that an unconstitutional home equity loan is void.... Priester rejected that position, concluding that such a loan is merely voidable, and that the effort to invalidate it must be made within the four-year limitations” period.