Woodcrest Associates, Ltd. v. Commonwealth Mortgage Corp.

ROWE, Justice.

Appellee Commonwealth Mortgage Corporation [Commonwealth] brought this action against Woodcrest Associates, Ltd. [Woodcrest] to secure possession and control of an apartment complex which Wood-crest had pledged as security for a loan. Woodcrest filed a counterclaim against Commonwealth seeking penalties for usury. After a non-jury trial, the trial court awarded possession and control of the complex to Commonwealth and denied Wood-crest all relief on its counterclaim. In six points of error, Woodcrest complains that: 1) the trial court erred in holding that the “usury savings…