The 5th Circuit Court of Appeals recently dealt another blow to homeowners by ruling that a bank’s 4-year statute of limitations on foreclosure is a moving goal post. In almost every other area of Texas law, the statute of limitations is a strict deadline with almost no exceptions. Get your lawsuit filed in time or […]
Potential clients often tell me, “But the bank said they were working on my loan modification and that I wasn’t in foreclosure but they foreclosed my house anyway!” My predictable and frustrating response is almost always, “Texas law does not protect verbal representations, although they may be immoral or unethical, they’re not illegal”. It’s not […]
One of the most controversial, most discussed, but least successful strategies in mortgage law is arguing the “split the note” theory. Yet thousands of attorneys and self represented individuals keep running into this 100 mph train thinking their case is somehow going to have a different outcome. So what is the split the note theory? […]
My firm recently had the opportunity to represent a homeowner in obtaining one of the biggest and most significant appellate wins in Texas regarding robo-signatures. The case, Vazquez v. Deutsche, filed in Houston, and appealed to the 1st Court of Appeals is not only big for my client, its huge for Texas homeowners. The 1st […]
Robosigners’ (specifically Bryan Bly) shenanigans were finally recognized by Texas 1st Court of Appeals! Congratulations to our entire team for the recent appellate victory that will have a lasting impact far beyond this individual case. The 1st Court of Appeals reversed the trial court’s dismissal of Ms. Vazquez’s case. The trial court erroneously ruled like […]