Opinion

Rummans v. HSBC Bank

Court
Court of Appeals for the Fifth Circuit
Filed
Aug 26, 2026
Status
Published
Cited by
0 cases

The opinion

Case: 25-10897 Document: 58-1 Page: 1 Date Filed: 08/26/2026

United States Court of Appeals

for the Fifth Circuit United States Court of Appeals

____________ Fifth Circuit

FILED

No. 25-10897 August 26, 2026

____________

Lyle W. Cayce

Clerk

Lester Lorenzo Rummans,

Plaintiff—Appellant,

versus

HSBC Bank USA, National Association, as Trustee for

MASTR Reperforming Loan Trust 2005-2; Specialized

Loan Servicing, L.L.C.; Northsky, L.L.C.,

Defendants—Appellees.

______________________________

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:22-CV-2046

______________________________

Before Higginbotham, Smith, and Oldham, Circuit Judges.

Patrick E. Higginbotham, Circuit Judge:

HSBC Bank USA foreclosed on Lester Lorenzo Rummans’s home

and sold it to Northsky, LLC. Rummans sued, alleging HSBC and its loan

servicer, Specialized Loan Servicing, LLC (“SLS”), violated the VA

Servicing Guidelines by failing to contact him before foreclosure. 1

_____________________

1

The mortgage explicitly incorporated the VA Servicing Guidelines as terms of

the contract.

Case: 25-10897 Document: 58-1 Page: 2 Date Filed: 08/26/2026

No. 25-10897

The sole issue in this appeal is whether the district court properly

applied the “mailbox rule” to presume HSBC and SLS mailed Rummans

the required information, rendering the foreclosure sale proper. Finding no

error, we AFFIRM.

I.

A.

In 2003, Rummans and his late wife financed their home with a VA

loan. They qualified because Rummans was an Army Reserve soldier from

December 2003 to December 2020. The loan was eventually assigned to

HSBC and serviced by SLS.

Rummans submitted no payments for at least a decade. HSBC

ultimately foreclosed in 2022. But first, the VA Servicing Guidelines

required HSBC to notify Rummans of the default and explore options for

him to cure it. 2 38 C.F.R. § 36.4350(h) requires loan servicers to “solicit

sufficient information to properly evaluate the prospects for curing [a]

default and whether the granting of forbearance or other relief assistance

would be appropriate.” SLS, acting on HSBC’s behalf, claims it satisfied

this provision by mailing Rummans numerous “Payoff Statements” starting

in August 2021, followed by a “Notice of Default and Intent to Accelerate”

in May 2022. Rummans alleges he never received these notices.

B.

Rummans sued HSBC, SLS, and Northsky in Texas state court,

alleging the defendants violated various provisions of federal and Texas law

and the foreclosure sale should be set aside. HSBC and SLS removed the

case.

_____________________

2

See 38 C.F.R. § 36.4350.

2

Case: 25-10897 Document: 58-1 Page: 3 Date Filed: 08/26/2026

No. 25-10897

The district court denied Northsky’s motion to dismiss but granted

partial summary judgment for HSBC and SLS, leaving Rummans’s claims

for VA Servicing Guidelines violations, quiet title, and trespass to try title.

These claims proceeded to a bench trial. HSBC and SLS offered

circumstantial evidence that they contacted Rummans, invoking the mailbox

rule’s presumption of receipt. SLS introduced several letters to Rummans

taken from its business records. These letters were not stamped or

postmarked, but corporate representative Kevin Payne testified that based on

the way they were filed in SLS’s records, these letters were mailed in the

ordinary course of SLS’s business.

Payne worked for the company that later acquired SLS (NewRez,

LLC). 3 He testified that he had “looked at a lot of SLS files” over his career

and reviewed “hundreds in addition to the 110 or so that [he] worked

personally.” Payne, pointing to the postal barcodes on the letters in

Rummans’s file, explained that SLS’s mailing contractor Covius would not

add these barcodes until it actually put a letter in the mail. And as the letters

in Rummans’s file all had barcodes on them, Payne testified he was “fully

confident they went out,” explaining that SLS would not receive barcoded

copies of the letters in the ordinary course of its business unless Covius had

mailed them.

_____________________

3

SLS previously serviced Rummans’s loan, but NewRez later acquired SLS and

adopted its records. Payne worked only for NewRez; he never worked for SLS. However,

“[t]here is no requirement that the witness who lays the foundation be the author of the

[business] record or be able to personally attest to its accuracy,” nor is there any

“requirement that the records be created by the business having custody of them” as long

as the adopted materials “were themselves business records” otherwise admissible. United

States v. Duncan, 919 F.2d 981, 986 (5th Cir. 1990) (citations omitted). That is because “the

‘primary emphasis of rule 803(6) is on the reliability or trustworthiness of the records

sought to be introduced,’” id. (quoting United States v. Veytia-Bravo, 603 F.2d 1187, 1189

(5th Cir. 1979)), rather than which entity the records’ author or custodian is affiliated with.

3

Case: 25-10897 Document: 58-1 Page: 4 Date Filed: 08/26/2026

No. 25-10897

The only evidence to the contrary was Rummans’ word that he never

received the letters, and he otherwise focused on attacking HSBC and

SLS’s evidence.

The district court held “[t]he circumstances establish that SLS

mailed to Plaintiff via first-class mail addressed to Plaintiff at the proper

address each of the letters” at issue. Applying the mailbox rule, the court

presumed Rummans received these letters. 4 And as Rummans failed to rebut

this presumption, the court found HSBC and SLS met their obligations

under the VA Servicing Guidelines and upheld the foreclosure sale.

Rummans timely appealed his two VA Servicing Guidelines-related

claims: the breach of contract claim and the TDCA section 392.301(a)(8)

claim.

II.

A.

On appeal from a bench trial, we review findings of fact for clear error

and mixed questions and conclusions of law de novo. 5 “A factual finding is

clearly erroneous when although there is evidence to support it, the

_____________________

4

See, e.g., Faciane v. Sun Life Assurance Co. of Canada, 931 F.3d 412, 420–21 (5th

Cir. 2019) (“To conclude that Faciane received the March 31, 2008 letter, the district court

applied the ‘mailbox rule,’ under which proof that a letter properly directed was placed in

a U.S. post office mail receptacle creates a presumption that it reached its destination in

the usual time and was actually received by the person to whom it was addressed. (cleaned

up)).

Water Craft Mgmt. LLC v. Mercury Marine, 457 F.3d 484, 488 (5th Cir. 2006);

5

Dickerson v. Lexington Ins. Co., 556 F.3d 290, 294 (5th Cir. 2009) (discussing mixed

questions).

4

Case: 25-10897 Document: 58-1 Page: 5 Date Filed: 08/26/2026

No. 25-10897

reviewing court on the entire evidence is left with the definite and firm

conviction that a mistake has been committed.” 6

B.

We turn now to the mailbox rule. This rebuttable presumption

provides that “[a] letter properly addressed, stamped and mailed may be

presumed to have been received by the addressee in the due course of the

mail.” 7 “Placing letters in the mail may be proved by circumstantial

evidence, including customary mailing practices used in the sender’s

business.” 8 Sworn testimony from a business representative proves

customary mailing practices,9 and there is no “requirement that the

[testimony] be corroborated by independent evidence of mailing.” 10 “[T]o

be a competent witness” for this purpose, “at a minimum the [witness] must

have personal knowledge of the procedures in place at the time of mailing.” 11

_____________________

6

One Beacon Ins. Co. v. Crowley Marine Servs., Inc., 648 F.3d 258, 262 (5th Cir.

2011) (cleaned up).

7

Wells Fargo Bus. Credit v. Ben Kozloff, Inc., 695 F.2d 940, 944 (5th Cir. 1983)

(citing Southland Life Ins. Co. v. Greenwade, 159 S.W.2d 854 (Tex. 1942)). Texas law

governed the mortgage.

8

Id. (citing Cooper v. Hall, 489 S.W.2d 409 (Tex. App.—Amarillo 1972, writ ref’d

n.r.e.)).

Id.; see also Duron v. Albertson’s LLC, 560 F.3d 288, 291 (5th Cir. 2009)

9

(overturning summary judgment for defendants after they “submitted no affidavits in

support of the mailing”).

10

See Bassknight v. Deutsche Bank Nat’l Trust Co., No. 3:12-cv-1412-M, 2014 WL

6769085, at *6 (N.D. Tex. Dec. 1, 2014) (collecting cases, and observing that similar

evidence “is exactly the type of evidence repeatedly found by courts to be sufficient to

constitute prima facie evidence that service by certified mail was completed in accordance

with Texas law.”).

11

Burton v. Banta Global Turnkey Ltd., 170 F. App’x 918, 924 (5th Cir. 2006)

(unpublished); cf. United States v. Wilson, 322 F.3d 353, 362 (5th Cir. 2003) (finding

business representative was not a competent witness when “there really were no consistent

5

Case: 25-10897 Document: 58-1 Page: 6 Date Filed: 08/26/2026

No. 25-10897

“If such evidence is presented and not rebutted,” we presume the addressee

received the letter. 12 “The presumption of delivered mail cannot be rebutted

simply by denying receipt; the very purpose of a presumption would be

undercut if all that were necessary to defeat a presumed fact were a party’s

uncorroborated statement.” 13

The presumption of receipt is best analyzed as a mixed question of fact

and law. 14 “The task is partly factual because it involves marshaling and

weighing evidence,” but the district court also had to “determine whether

the evidence satisfies a legal standard.” 15 Here, in deciding to apply the

presumption of receipt, most of the work was weighing evidence of mailing.

“That a mixed question requires a court to immerse itself in facts . . . suggests

a more deferential standard of review” 16—even more so here, where the

presumption rested on facts found at trial.

C.

Rummans argues “there was no evidence to support . . . mailing” and

the district court therefore “erred finding that the presumption of receipt

_____________________

procedures or practices [for mailing] during the time in question” and the witness “[did]

not know what the procedures were . . . in what they sent out”).

12

Wells Fargo, 695 F.2d at 944.

13

Ortega v. Alamo Cmty. Coll. Dist., 31 F. App’x 152, 2001 WL 1747723, at *1 (5th

Cir. Dec. 6, 2001) (unpublished).

14

See U.S. Bank N.A. v. Village at Lakeridge, LLC, 583 U.S. 387, 394 (2018)

(“whether the historical facts found satisfy the legal test chosen” is a “so-called ‘mixed

question’ of law and fact” (quoting Pullman-Standard v. Swint, 456 U.S. 273, 289, n.19

(1982))).

15

Bufkin v. Collins, 604 U.S. 369, 381–82 (2025).

16

Wilkinson v. Garland, 601 U.S. 209, 222 (2024).

6

Case: 25-10897 Document: 58-1 Page: 7 Date Filed: 08/26/2026

No. 25-10897

was satisfied.” But we conclude the able district judge did not err in finding

HSBC and SLS adequately proved the required mailing.

We agree with the district court that Payne’s testimony was sufficient.

The presumption of receipt requires personal knowledge of the general

“customary mailing practices used in the sender’s business” (i.e., SLS). 17

Payne had this knowledge. He knew, from hundreds of cases involving SLS,

that the company’s “customary mailing practice[]” was to archive barcoded

letters only once they were actually mailed. That was adequate foundation

for his testimony that the barcoded letters in Rummans’s file were sent.

Payne did not know exactly how Covius delivered mailpieces to the postal

service, but such specific knowledge is not required. 18

Having established mailing, HSBC and SLS enjoy the presumption

of receipt. 19 Rummans must rebut it. He did not do so, offering no evidence

of non-receipt besides his own self-serving testimony. It is settled law that

“[a] ‘bare assertion of non-receipt’ is insufficient to rebut the

presumption.” 20 A contrast to Trammell v. AccentCare, Inc. illustrates the

kinds of evidence—missing here—that might have rebutted receipt: 21

Whatever the precise amount of evidence required to rebut the

mailbox rule’s presumption of receipt . . . Trammell has

_____________________

17

Wells Fargo, 695 F.2d at 944.

18

Burton, 170 F. App’x at 924 (“[A]t a minimum the [witness] must have personal

knowledge of the procedures in place at the time of mailing.” (emphasis added)).

19

See Wells Fargo, 695 F.2d at 944.

20

Faciane, 931 F.3d at 421 (quoting Custer v. Murphy Oil USA, Inc., 503 F.3d 415,

421 (5th Cir. 2007)).

21

776 F. App’x 208, 210 (5th Cir. 2019) (unpublished) (emphasis added). To be

clear, we cite Trammell only as an example. Our holding rests on the principle from Faciane,

Custer, and other cases that when the presumption of receipt is properly established, merely

claiming non-delivery cannot rebut that presumption without more evidence.

7

Case: 25-10897 Document: 58-1 Page: 8 Date Filed: 08/26/2026

No. 25-10897

satisfied it here. Trammell has denied receipt in a sworn

affidavit, stating further that she notified three AccentCare

personnel about her problems sending and receiving mail at her

home, including mail from AccentCare, and that she began

driving her time slips to work since they were being lost in the

mail. Moreover, while there is no dispute that AccentCare

mailed the proposed arbitration agreement to Trammell, the

company admits that it cannot produce the signed agreement,

which tends to corroborate that she did not sign the agreement.

By contrast here, the evidence suggests Rummans did receive notice. Beyond

Payne’s testimony plus the barcoded letters, Rummans also testified that

“[s]everal times [he] tried to reach out and get help,” but SLS

representatives gave him no information “on how [he] could remedy this

loan.” That Rummans affirmatively contacted SLS to “remedy this loan”

makes plain he knew there was some looming issue to “remedy.”

III.

The district court found the evidence was sufficient to raise a

presumption of receipt and that Rummans failed to rebut it. Applying “a

more deferential standard of review” 22 to this fact-bound mixed question, we

find no error. We AFFIRM.

_____________________

22

Wilkinson, 601 U.S. at 222.

8

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.