On May 20, 2016, the Supreme Court of Texas decided two cases that arise from the requirements of Article XVI, Section 50 of the Texas Constitution regarding provisions related to home-equity loans. The opinions have great significance for mortgage servicers, originators, and title insurers that deal with Texas home-equity loans. Claims related to origination defects, once believed barred on limitations grounds, are now fair game for the life of the loan and will undoubtedly create a new incentive for borrowers to challenge the validity of lien securing their home-equity loan.
Continue Reading Texas Supreme Court Opens Door to Home-Equity Lien Challenges
Adam R. Nunnallee
Adam R. Nunnallee is a senior attorney in Dykema's Dallas office. He focuses his practice on Financial Services Litigation including complex litigation representing plaintiffs and defendants in matters involving consumer finance laws and regulations. He has significant experience defending breach of contract, fraud and state-law debt collection claims as well as claims under the Fair Credit Reporting Act, Real Estate Settlement Procedures Act, Truth in Lending Act, and United States Bankruptcy Code.