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Majority.pdf

2016-05-20.brown.pdf
Preview of Majority
🔗 Source: docs.texasappellate.com
📊 Size: 130 KB
📄 Pages: 17 pages
⬇️ Downloads: 70

Summary

The Texas Supreme Court answered "no" to two certified questions from the US Court of Appeals for the Fifth Circuit regarding a home-equity lender's failure to deliver a release of lien after a loan was paid off. The court held that the Texas Constitution does not create a constitutional cause of action or remedy for a lender's breach of terms and conditions, and that a borrower must show actual damages or seek another remedy, such as specific performance, to maintain a suit. The case involved Teresa Garofolo, who sued Ocwen Loan Servicing for violating home-equity lending provisions of the Texas Constitution and breach of contract after they failed to deliver a release of lien.

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Description

The Texas Supreme Court answered "no" to two certified questions from the US Court of Appeals for the Fifth Circuit regarding a home-equity lender's failure to...

Technical Information

  • File Format: PDF
  • File Size: 130 KB
  • Pages: 17
  • Language: EN
  • Total Downloads: 70
  • Last Updated: 22 hours ago

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