Rinard v. Bank of America

OPINION

DAVID WELLINGTON CHEW, Chief Justice.

Charles and Maria Rinard appeal from a summary judgment for judicial foreclosure granted in favor of Bank of America (“the Bank”). The Rinards appeal the court’s judgment in seven issues, arguing, in essence that a fact issue remains as to each defensive ground raised in their pleadings, that res judicata does not bar their defenses, and that the Bank has not established its right to foreclosure as a matter of law.

On February 10, 1998, Charles and Maria Rinard received a home equity loan from NationsBank of Texas, N.A., predecessor to the current…