Blog
Home Equity Litigation in the Bankruptcy Court
December 6th, 2015
(San Antonio, Texas). This was a fun few days in San Antonio attending the 25th Annual Robert C. Sneed, Texas Land Title Institute from December 3 and 4, 2015, at the Hyatt Regency Hill Country Resort & Spa in San Antonio, Texas. Over 500 attorne…
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Losing the Texas Declaratory Judgment Action by Removal to Federal Court
November 25th, 2015
Here is something to be careful with before removing a case to federal court. If a party has a declaratory judgment action filed in Texas then they can recover legal fees because Texas law allows for the recovery of legal fees. Section 37.009 of the…
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Categories: Civil Litigation
Preferred Forum for Litigation in Home Equity Lien Cases
August 27th, 2015
Preferred Forums. For the bankruptcy debtor or trustee, the preferred forum in determining the validity of a home equity lien is the bankruptcy court. For the lender the preferred forum should be state court because of a new case from the Texas Supre…
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Categories: Real Estate Litigation
Conflict in Statute of Limitations in Home Equity Litigation Still Exists
August 25th, 2015
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…
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Home Equity Lending – Key Bankruptcy Decisions
August 23rd, 2015
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.…
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Title Insurance Coverage: Appeal While Case Still Pending
May 8th, 2015
In certain cases a litigant in Texas may, with permission of the trial court, appeal a decision of the court while the case is still pending. This is called an “interlocutory appeal” and allowed in narrow circumstances. Section 51.014(d) of the T…
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Categories: Real Estate Litigation
Lender May Wait for Judgment Before Disposing of Collateral under UCC
April 28th, 2015
Many times lenders recover their collateral by performing foreclosure sales of personal property and then bringing suit against the borrower or guarantor for the balance due. This approach works but in a litigious society it can open up the lender to…
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Categories: Real Estate Litigation
Foreclosure in 2013 Valid after Abandoned Acceleration in 2004
April 27th, 2015
A foreclosure of real property conducted in 2013 after notice of acceleration was made in 2004 was validated by the Fifth Circuit in the case of Rivera v. Bank of Am., N.A., 14-40837, 2015 WL 1843705, at *1-3 (5th Cir. Apr. 23, 2015). This was becaus…
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Categories: Real Estate Litigation
Cellular Tower Lease: Are You Getting What You Deserve?
April 26th, 2015
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…
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Real Property Description: Specific Controls Over General
April 26th, 2015
The recent case of Stribling et al v Millican Partners, LP from the Texas Supreme Court holds that a metes and bounds description will prevail over a more general description in the same conveyance. In a dispute between adjoining landowners the court…
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Categories: Real Estate Litigation