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Court Dismisses Home Equity Lien Case on Limitations

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… Read More
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Trustee Paying off Second Lien Home Equity Lien Does Not Violate Texas Constitution

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 o… Read More
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Four-Year Statute of Limitations Applied in Home Equity Litigation in Texas

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 v… Read More
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Home Equity Litigation Update in FW Business Press

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 bo… Read More
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Fifth Circuit Applies Four Year Statute of Limitations to Home Equity Loan Violations

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 lienhold… Read More
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Lender Strikes Back – But Appeals Court Reverses In Personum Legal Fee Award Against Borrowers on Non-Recourse Home Equity Note

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… Read More
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