Layton v. Nationsbanc Mortgage Corp.

OPINION

Opinion by Justice Garza.

Appellant, Eleanore Layton, appeals from the trial court’s decision to grant a bill of review to appellee, Nationsbanc Mortgage Corporation, and to set aside a default judgment granted in favor of Lay-ton over four years earlier. Because Nati-onsbanc failed to show extrinsic fraud in the procurement of the default judgment, we reverse and reinstate the prior judgment.

Background Information

On January 22, 1998, Layton filed an action alleging the wrongful charging of escrow fees by Nationsbanc. Nationsbanc did not file an answer or appear, and a default judgment…