Villarreal v. Laredo National Bank

DIAL, Justice, joined by TIJERINA, Justice,

concurring.

Appellee’s motion for summary judgment, which was granted, said appellee was entitled to judgment as .a matter of law because the evidence established the absence of appellant’s homestead right and, thus, the absence of a duty “to advise [appellant] of the extension and renewal of a valid pre-existing debt_” Appellee is correct in its contention of a lack of a homestead defense to a claim based on the February 1976 note to which appellant was a party, because any homestead right is inferior to a lien derived from improvements to the…