» 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
Have a Reverse Mortgage Claim in Probate Court? Protect Yourself
April 22nd, 2015
Over fifty years ago, in a probate case coming from Tarrant County, Texas, a probate administratrix told a claimant that the debt would be paid in the estate. The claimant believed the administratrix and did not follow up on a claim that was filed in…
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Categories: Real Estate Litigation
Recovering on Real Estate Loan or Negotiable Instruments: The Four and Six Year Statute of Limitations
April 21st, 2015
To recover on a real estate lien note, action must be taken within four years after maturity date of the note, obligation or installment. A sale of real property under a power of sale in a mortgage or deed of trust must be made not later than four ye…
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Categories: Real Estate Litigation
Home Equity Lender or Servicer: Should I file a Proof of Claim in Bankruptcy?
April 21st, 2015
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…
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Eliminating the Title Dispute
March 15th, 2015
Sometimes lenders who have foreclosed on their borrowers real estate and have recovered title to real property serving as collateral for the loan face a difficult time in removing the borrowers from their homes. This is a delicate task for lawyers as…
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Categories: Real Estate Litigation
Four Year Limitations After Closing in Home Equity Litigation
January 27th, 2015
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…
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Be Careful With the Mineral Interests
June 8th, 2014
Two recent Texas appellate cases show what can happen when an owner mistakenly conveys mineral interests and then tries to reclaim them more than four years after the closing. These cases are of interest locally where there is ongoing of leasing of m…
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Categories: Real Estate Litigation
Watch for Possible Violations in Home Equity Loans
June 5th, 2014
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…
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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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