Legal Opinion
Garofolo v. Ocwen Loan Servicing, L.L.C.
Texas Supreme Court
Decided May 20, 2016No. 15-0437PublishedCited by 47 opinions
1Opinion of the CourtJustice Brown
in which CHIEF JUSTICE HECHT, JUSTICE GREEN, JUSTICE WILLETT, JUSTICE GUZMAN, JUSTICE LEHRMANN, and JUSTICE DEVINE joined.
The Texas Constitution allows a home-equity lender to foreclose on a homestead only if the underlying loan includes specific terms and conditions. Among them is a requirement that a lender deliver a release of lien to the borrower after a loan is paid off. Another is that lenders that fail to meet their loan obligations may forfeit all principal and interest payments received from the borrower. In this case, a borrower sued her home-equity lender in federal court seeking…
2Cases cited11 opinions
- Entergy Gulf States, Inc. v. SummersTexas Supreme Court · 2009
- Harris County Hospital District v. Tomball Regional HospitalTexas Supreme Court · 2009
- Finance Commission v. NorwoodTexas Supreme Court · 2013
- Director of the Department of Agriculture & Environment v. Printing Industries Ass'n of TexasTexas Supreme Court · 1980
- Citizens Bank of Bryan v. First State BankTexas Supreme Court · 1979
6 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Wood v. HSBC Bank USA, N.A.Texas Supreme Court · 2016
- Michael Bynane v. The Bank of New York Mellon, etCourt of Appeals for the Fifth Circuit · 2017
- Tina Alexander v. Wells Fargo Bank, N.A.Court of Appeals for the Fifth Circuit · 2017
- Wendy Kyle v. H.T. Strasburger, Shirley Strasburger, Terry Whitley, Fidelity Bank of Texas, and Tuition LlcTexas Supreme Court · 2017
- Houston Firefighters' Relief and Retirement Fund v. City of Houston, Sylvester Turner, Brenda Stardig, Jerry Davis, Ellen Cohen, Dwight Boykins, Dave Martin, Steve Le, Greg Travis, Karla Cisneros, Robert Gallegos, Mike Laster, Larry Green, Mike Knox, David Robinson, Michael Kubosh, Amanda Edwards and Jack Christie, Texas Court of Appeals, 14th District (Houston)2019
42 more not listed; retrieve them via the Exa API.