Smith v. JPMorgan Chase Bank, National Ass'n

ORDER DENYING MOTION TO DISMISS

NELVA GONZALES RAMOS, District Judge.

“Don’t mess with Texas homesteads” has been a clear message to lenders since the very early days of Texas. The prohibition is so unequivocal that any lien purporting to encumber homestead property is, and for 166 years has continuously been, beyond the reach of creditors for forced sale absent compliance with rigid constitutional requirements. 1 The current constitutional language reads,

No mortgage, trust deed, or other lien on the homestead shall ever be valid unless it secures a debt described by this section, whether such…