Rodriguez v. U.S. Bank, N.A., No. SA-12-CV-345-XR, slip op. (W.D. Tex. Nov. 5, 2013)(Rodriguez, J.)

In this foreclosure litigation, the District Court denied the property owners’ Rule 59(e) motion seeking reconsideration of its summary judgment.  The owners did not introduce new evidence and, for the most part, the District Court had already thoroughly discussed and rejected their arguments.  Slip op. at 1-2.  The District Court, however, considered their primary argument for reconsideration—whether the bank had adequately proven notice of default by certified mail, as required by the Texas Property Code.  Id. at 2.  The bank’s summary judgment motion relied on the fairly typical officer’s affidavit, which was largely based on his review of records.  Id. at 2.  The District Court concluded that the affidavit measured up to the Fifth Circuit’s standards and that the owners had failed to raise any genuine dispute regarding the officer’s credibility, in part because they had failed to take the officers’ deposition.  Id. at 3-6.