In the Matter of Bobby R. Rubarts and Naomi Rubarts, Debtors. Bobby R. Rubarts and Naomi Rubarts v. First Gibraltar Bank, Fsb

JERRY E. SMITH, Circuit Judge:

Plaintiffs appeal from a judgment declaring a vendor’s lien and deed of trust lien on their residence enforceable. Because we disagree with the district court’s conclusion that the evidence in the record is sufficient to strip from the plaintiffs the homestead protections afforded by the Texas Constitution, we reverse and remand.

I

In 1968, plaintiffs Bobby and Naomi Ru-barts obtained a construction loan from Sherman Savings and Loan Association (“Sherman Savings”) for the principal sum of $34,700 to build a home at 915 Western Hills, Sherman, Texas. The “Western…