» Bankruptcy & Creditors Rights ·

Conflict in Statute of Limitations. Waiting more than four years after the closing to move to invalidate a home equity loan based on a constitutional violation is, for the most part, too late except in the bankruptcy court for the Eastern District of… Read More

Since home equity lending was introduced in Texas one should not be surprised to learn that there is a body of bankruptcy court opinions construing the Texas constitutional home equity laws and deciding the validity of home equity security interests.… Read More

Cellular tower companies are in need of real property for their celluar tower activities. Their activities involve serious kinds of equipment from the tower pole, electrical units, cables, wiring, electrical generators. It not safe in some cases to s… Read More

You are a lienholder or servicer of a home equity loan and you receive in the mail a notice that the borrower has filed for bankuptcy. The notice advises you of a date to file a proof of claim. If you are a home equity lienholder or holder of a rever… Read More

In Jones v. Bank of New York Mellon, CIV.A. H-13-2414, 2015 WL 300495, at *6 (S.D. Tex. Jan. 22, 2015), the U.S. District Court, Southern District of Texas held that the four year statute of limitations applies in home equity loan cases from the date… Read More

If you prosecute home equity loan foreclosures or defend insured lienholders against non-compliance complaints under Section 50(a)(6) of the Texas Constitution under a title insurance policy be careful once the borrower decides to file for bankruptcy… Read More