Lovelace v. USAA Federal Savings Bank (In Re Lovelace)

Memorandum Decision Granting Motion for Summary Judgment

LEIF M. CLARK, Bankruptcy Judge.

Plaintiffs have sued under the Declaratory Judgment Act for a determination that the lien of USAA Federal Savings Bank on their home is invalid, based on provisions of the Texas Constitution relating to home equity loans. Plaintiffs have filed a motion for summary judgment, contending that there is no disputed issue of material fact in the case, and that the matter can be adjudicated as a matter of law. Defendant has responded to the motion, agreeing that there are no fact issues and that the matter can be…