Blog
Home Equity Loan Complaints – Beware of Sec 16.069 of the TCPRC
June 4th, 2014
Beware of Section 16.069 of the Texas Civil Practices and Remedies Code The Texas Supreme Court has not ruled on the applicable statute of limitations for alleging non-compliance with the Texas Constitution for home equity loans. Texas appellate cour…
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Foreclosed Homeowners Must Tender Debt Due Under Mortgage To Rescind Alleged Wrongful Foreclosure
May 27th, 2014
(Houston, Texas) The case of James v Wells Fargo, N.A. 2014 WL 2123060 (S.D. Tex. 2014) shows a common problem for borrowers attempting to set aside the foreclosure on their home. When unable to pay many file for Chapter 13 bankruptcy to reinstate th…
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Categories: Real Estate Litigation
Home Equity Lender Must Submit Lack of Notice Issue to Jury Or Risk Waiver on Appeal
May 25th, 2014
A valid Texas home equity loan must comply with the Texas Constitution. The failure to comply with the Texas constitution does not result in an automatic forfeiture of the home equity lien because of a constitutional cure provision that requires the…
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Categories: Real Estate Litigation
Court Rules for Real Estate Brokers in Seller’s DTPA Action Over Incorrect Square Footage
May 24th, 2014
Real estate brokers should take note of the decision in Zhu v Lam and The Household Realty, Inc., 426 S.W. 3d 333 (Tex. App. — Houston [14th Dist.] 2014, no pet history) where the purchasers attempted to recover damages against the broker and emplo…
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Categories: Real Estate Litigation
Court Dismisses Home Equity Lien Case on Limitations
May 22nd, 2014
The recent case of Escobedo v Ocwen Loan Servicing, LLC, 2014 WL 2006580 (W.D. Tex. May 15, 2014) shows that removing a home equity lien dispute to federal court provides an effective forum to dismiss an unwarranted case. The case appears simple on t…
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Categories: Real Estate Litigation
Trustee Paying off Second Lien Home Equity Lien Does Not Violate Texas Constitution
September 7th, 2013
Foreclosure Sale In Dallas County Yields Surplus Proceeds Sometimes foreclosure sales by the first lienholder will have excess proceeds to pay the balance due on inferior liens and possibly something left over for the owner. This rare situation occur…
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Categories: Real Estate Litigation
Four-Year Statute of Limitations Applied in Home Equity Litigation in Texas
September 6th, 2013
Despite numerous provisions in the Texas Constitution and statutory regulations that establish how to make a home equity loan, the Texas Legislature did not include a law establishing the statute of limitations for bringing a home equity lien violati…
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Categories: Real Estate Litigation
Home Equity Litigation Update in FW Business Press
April 27th, 2013
For those handling home equity litigation in Texas here was my was my article published in the FW Business Press in April 2013. http://fwbusinesspress.com/fwbp/article/1/532/News-Categories-Law/Home-equity-litigation.aspx In Texas, homeowners can bor…
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Categories: Real Estate Litigation
Fifth Circuit Applies Four Year Statute of Limitations to Home Equity Loan Violations
February 18th, 2013
It is interesting to see when United States federal district courts differ with Texas appellate courts over the interpretation of Texas law. That was the case when it came to determining when a borrower could file suit against the lienholder for viol…
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Categories: Real Estate Litigation
Lender Strikes Back – But Appeals Court Reverses In Personum Legal Fee Award Against Borrowers on Non-Recourse Home Equity Note
February 13th, 2013
Murphy v Wells Fargo Bank, N.A. , 2013 Tex. App. LEXIS 1283 (Tex. App. — Houston [14th Dist.] 2013, no pet. history) When a home equity loan goes into default and must be enforced, the best thing a lender can hope for is enforcement of the note and…
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About Perry Cockerell
Perry has helped thousands of clients solve difficult problems for over forty-two years through his trial and appellate litigation experience. Clients trust him with their problems because of his expertise and his care about their best interests.
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