Alanis v. U.S. Bank
CourtCourt of Appeals for the Fifth Circuit
Date FiledNovember 4, 2026
Docket25-51076
StatusUnpublished
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Full Opinion
Case: 25-51076 Document: 85-1 Page: 1 Date Filed: 11/04/2026
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
____________ Fifth Circuit
FILED
No. 25-51076 November 4, 2026
Summary Calendar
Thomas B. Plunkett, III
____________ Clerk
Nancy Alanis,
Plaintiff—Appellant,
versus
U.S. Bank National Association, as Successor Trustee to Bank of
America, National Association, as Successor by Merger to LaSalle Bank, N.A.,
as Trustee for the MLMI Trust Series 2006-HE6; Nationstar
Mortgage, L.L.C.; PHH Mortgage Corporation, Successor
By Merger to Ocwen Loan Servicing, L.L.C.; Ocwen Loan Servicing,
L.L.C.; Wells Fargo Bank, N.A.; Mark D. Cronenwett,
Defendants—Appellees.
______________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:23-CV-749
______________________________
Before Haynes, Graves, and Ramirez, Circuit Judges.
Per Curiam: *
Nancy Alanis appeals from the dismissal of her complaint, which
raised several claims stemming from the foreclosure of two properties in San
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
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No. 25-51076
Antonio—one at 1040 Blanco Road (the “Blanco Property”) and another at
13210 Hunters View (the “Hunters View Property”). The district court
concluded that all of Alanis’s claims were barred by res judicata. That is
because it determined that all her claims had already been, or could have
been, raised in seven prior lawsuits she brought against the defendants or
their privies. On appeal, however, Alanis has forfeited, by failing to brief, any
argument that the district court erred by giving preclusive effect to the
judgments in those prior cases. See Yohey v. Collins, 985 F.2d 222, 224–25
(5th Cir. 1993). Then, insofar as she argues that the district court lacked
jurisdiction to rule on the defendants’ motions to dismiss based on the
ripeness doctrine, that assertion lacks merit. See Abbott Lab’ys v. Gardner, 387
U.S. 136, 148 (1967).
She also challenges the district court’s denial of her Federal Rule of
Civil Procedure 60(b)(4) motions. Through these motions, Alanis sought
relief from two purportedly void state court orders that were entered in prior
foreclosure proceedings. Under the circumstances presented here, Rule
60(b)(4) does not provide an avenue for relief from the state court judgments
at issue, and the district court did not err by declining to grant the requested
relief. See Fed. R. Civ. P. 1; Callon Petroleum Co. v. Frontier Ins. Co., 351
F.3d 204, 208 (5th Cir. 2003).
In light of the foregoing, the district court’s judgment is
AFFIRMED.
Finally, we note that Alanis has been declared a vexatious litigant in
the Western District of Texas, and we have previously affirmed the dismissal
of Alanis’s similar claims related to the Hunters View Property. See Alanis v.
Wells Fargo Bank, N.A., No. 22-50246, 2022 WL 17844074, at *1 (5th Cir.
Dec. 22, 2022) (per curiam) (unpublished). The instant action is at least the
fourth lawsuit that Alanis has filed in state or federal court concerning the
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No. 25-51076
foreclosure of the Blanco Property. Accordingly, Alanis is WARNED that
frivolous, repetitive, or otherwise abusive filings will invite the imposition of
sanctions, including possible dismissal, monetary sanctions, and restrictions
on her ability to file pleadings in this court and any court subject to this
court’s jurisdiction. See Fed. R. App. P. 38; Coghlan v. Starkey, 852 F.2d
806, 817 n.21 (5th Cir. 1988) (per curiam).
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