Blog

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… Read More

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… Read More

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

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… Read More

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… Read More

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… 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