Doody v. Ameriquest Mortgage Co.

dehvered the opinion of the Court.

This case involves two certified questions from the United States Court of Appeals for the Fifth Circuit. The Fifth Circuit asks:

1. Under the Texas Constitution, if a lender charges closing costs in excess of three percent, but later refunds the overcharge, bringing the charge costs within the range allowed by section 50(a)(6)(E), is the hen held by the lender invahd under section 50(c)?

2. If this question is reached, may the protections of section 50 of the Texas Constitution be waived by a buyer who accepts a refund of any overcharged amounts when the loan…