White v. Fifth Third Bank

── White v. Fifth Third Bank ── Court: Court of Appeals for the Fifth Circuit Date: April 27, 2026 Category: Private Civil Diversity Case: 25-40647 Document: 40-1 Page: 1 Date Filed: 04/27/2026 United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-40647 FILED April 27, 2026 Summary Calendar ____________ Lyle W. Cayce Clerk Zachary-Wayne White, Plaintiff—Appellant, versus Fifth Third Bank, National Association; Mackie Wolf Zientz & Mann, P.C. Law Firm; AVT Title Services, L.L.C.; Fannie Mae as Trustee for Securitized Trust FNMA 2020-009 Trust, Defendants—Appellees. ______________________________ Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:23-CV-847 ______________________________ Before Davis, Wilson, and Douglas, Circuit Judges. Per Curiam:* Plaintiff-Appellant Zachary-Wayne White, proceeding pro se, brought this suit against various entities connected to the foreclosure of his _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-40647 Document: 40-1 Page: 2 Date Filed: 04/27/2026 No. 25-40647 home. The district court found improper joinder as to some defendants and granted summary judgment for the remaining defendants. We AFFIRM. White and his wife obtained a loan secured by a mortgage on their home from Great Western Financial Services, Inc. The Note expressly provided that “the Lender may transfer this Note.” Great Western thereafter endorsed the note to Defendant-Appellee, Fifth Third Bank, N.A. Fifth Third, in turn, transferred ownership of the loan to Defendant- Appellee Fannie Mae, although it continued servicing the loan. White defaulted on his mortgage and Fifth Third noticed the property for foreclosure. White alleges he tried to satisfy the debt with a “silver surety bond” he created on his own. Fifth Third did not accept the “bond” in lieu of payment and proceeded with the foreclosure sale. Defendant-Appellee Mackie Wolf Zientz & Mann P.C. served as counsel for Fifth Third in the foreclosure proceeding and Defendant-Appellee AVT Title Services LLC acted as substitute foreclosure trustee. White sued in state court, alleging that the foreclosure was wrongful and bringing a variety of claims. Defendants removed to federal court invoking diversity jurisdiction. They noted that Mackie Wolf and AVT Title are non-diverse but alleged that these parties had been improperly joined. Acting on the recommendation of a magistrate judge, the district court dismissed the suit. It agreed that Mackie Wolf and AVT Title had been improperly joined and held that White had failed to advance viable legal theories against Fifth Third and Fannie Mae such that summary judgment was proper. White timely appealed. First, White challenges the conclusion that Mackie Wolf and AVT Title were improperly joined such that their citizenship could be disregarded when assessing diversity jurisdiction. A party has been improperly joined if the court conducts a “Rule 12(b)(6)-type analysis” and determines that the 2  Case: 25-40647 Document: 40-1 Page: 3 Date Filed: