Legal Opinion

Harmon v. Lighthouse Capital Funding, Inc. (In Re Harmon)

United States Bankruptcy Court, S.D. Texas

Decided February 17, 2011No. 19-30288PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION

MARVIN ISGUR, Bankruptcy Judge.

For the reasons set forth below, the Court holds: (i) the lien held by Lighthouse Capital Funding, Inc. on the Harmons’ homestead is invalid; (ii) Lighthouse is entitled to equitable subrogation in the principal amount of $986,992.06 plus 6% interest (accrued from April 23, 2008); (iii) Lighthouse must pay the Estate $179,413.91 in statutory damages under the Truth in Lending Act (“TILA”); and (iv) the Estate is entitled to reimbursement for reasonable legal fees and costs (in an amount to be determined at a post-judgment hearing) under Tex.…

2Cases cited17 opinions

  1. DeSantis v. Wackenhut Corp.Texas Supreme Court · 1990
  2. Benchmark Bank v. CrowderTexas Supreme Court · 1996
  3. Coleman v. JohnsonCourt of Appeals for the Fifth Circuit · 1999
  4. Ronald Lambert v. United StatesCourt of Appeals for the Fifth Circuit · 1995
  5. Smart v. Tower Land & Investment Co.Texas Supreme Court · 1980

12 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Marcia Meoli v. The Huntington Nat'l BankCourt of Appeals for the Sixth Circuit · 2017
  2. PNC Mortgage, a Division of PNC Bank, N.A. Succesor to National City Bank and National City Mortgage, a Division of National City Bank of Indiana v. John Howard and Amy Howard, Texas Court of Appeals, 5th District (Dallas)2018

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