Legal Opinion

J.M. Arpad Lamell v. OneWest Bank, FSB, a Foreign Corporation

Court of Appeals of Texas

Decided November 17, 2015No. 14-14-00175-CVPublishedCited by 6 opinions

1Opinion of the Court

OPINION

Kem Thompson Frost, Chief Justice

A homeowner filed suit against a mortgage servicer asserting a variety of claims in conjunction with the mortgage servicer’s attempt to foreclose on the homeowner’s property. The mortgage servicer sought summary judgment on some of the claims. In response to the mortgage servicer’s summary-judgment motion, the homeowner asserted that the mortgage servicer could not foreclose on his property because the deed of trust and attached note were void due to securitization issues. We conclude that the deed of trust is not void. We affirm in part and reverse and…

2Cases cited21 opinions

  1. McConnell v. Southside Independent School DistrictTexas Supreme Court · 1993
  2. MacK Trucks, Inc. v. TamezTexas Supreme Court · 2006
  3. FM Properties Operating Co. v. City of AustinTexas Supreme Court · 2000
  4. Johnson v. Brewer & Pritchard, P.C.Texas Supreme Court · 2002
  5. Goodyear Tire and Rubber Co. v. MayesTexas Supreme Court · 2007

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3Cited by6 opinions

  1. Houston Laureate Associates, LTD. v. Marolyn Russell, Joel Goffman, M.D., and Park Laureate Place Homeowners' AssociationCourt of Appeals of Texas · 2016
  2. Gatesco Q.M. Ltd. v. City of HoustonCourt of Appeals of Texas · 2016
  3. In re Lowe's Home Centers, L.L.C.Court of Appeals of Texas · 2017
  4. Howard Purvis v. Stoney Creek Community Association, Inc., Texas Court of Appeals, 14th District (Houston)2020
  5. Jennifer Osagiede, as Representative of the Estate of Sule Osagiede v. Lazaro Aguilar, Texas Court of Appeals, 9th District (Beaumont)2017

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