Jamail v. Anchor Mortgage Services, Inc.

(Retired).

Timothy and Robin Jamail, appellants, brought a cause of action for damages against Anchor Mortgage Services, Inc., appellee, alleging negligence and violations of the Deceptive Trade Practices Act, Tex. Bus. & Com.Code Ann. § 17.41, et seq. (1986) (“DTPA”). Appellants alleged that appellee failed to honor a loan commitment, thus forcing them to accept a loan from another lending institution at a higher rate of interest. Appellants alleged two separate theories of recovery, one for negligence and the other for violation of the DTPA. Appellee answered that, since no rate of interest…