Legal Opinion

Lambert v. First National Bank of Bowie

Court of Appeals of Texas

Decided May 13, 1999No. 2-98-392-CVPublishedCited by 18 opinions

1Opinion of the Court

OPINION

WILLIAM BRIGHAM, Justice.

In this appeal we are asked to decide whether a bank’s prior permissive relationship with a debtor requires that the bank do something other than what is statutorily required to inform the debtor that payment is demanded. We hold that such a relationship does not impose an additional duty on the bank.

Appellant Gregg Lambert sought financing from Appellee First National Bank of Bowie when he wanted to build a house on a 10-acre tract he owned. In March 1986, Lambert signed a promissory note and a deed of trust in favor of the bank. Lambert’s note payments, as he…

2Cases cited5 opinions

  1. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
  2. Onwuteaka v. Cohen, Texas Court of Appeals, 1st District (Houston)1993
  3. Loomis Land & Cattle Co. v. Diversified Mortgage InvestorsCourt of Appeals of Texas · 1976
  4. Price v. ReevesCourt of Appeals of Texas · 1936
  5. Martinez v. BeasleyCourt of Appeals of Texas · 1981

3Cited by18 opinions

  1. Stanley v. CitiFinancial Mortg. Co., Inc., Texas Court of Appeals, 9th District (Beaumont)2003
  2. Powell v. StacyCourt of Appeals of Texas · 2003
  3. Rodriguez v. Ocwen Loan Servicing, LLCCourt of Appeals for the Fifth Circuit · 2009
  4. Waggoner v. Deutsche National Bank Trust Co.District Court, S.D. Texas · 2016
  5. Kafi v. Wells Fargo BankCourt of Appeals for the Fifth Circuit · 2025

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