Wachovia Bank of Delaware, National Ass'n v. Gilliam

When a default judgment is challenged by restricted appeal, there are no presumptions in favor of valid service. See Fid. & Guar. Ins. Co. v. Drewery Const. Co., 186 S.W.3d 571, 573 (Tex.2006). In this case, substituted service was based on statutes requiring papers to be forwarded to the defendant’s “home office” or “principal office,” but nothing in the record shows they were. As the court of appeals erred by presuming otherwise, we reverse.

In April 2001, Patsy Fowler obtained a $44,000 home-equity loan from First Union National Bank of Delaware. As required by the Constitution, Fowler had…