Harmon v. Lighthouse Capital Funding, Inc. (In Re Harmon)
United States Bankruptcy Court, S.D. Texas
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
- DeSantis v. Wackenhut Corp.Texas Supreme Court · 1990
- Benchmark Bank v. CrowderTexas Supreme Court · 1996
- Coleman v. JohnsonCourt of Appeals for the Fifth Circuit · 1999
- Ronald Lambert v. United StatesCourt of Appeals for the Fifth Circuit · 1995
- Smart v. Tower Land & Investment Co.Texas Supreme Court · 1980
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3Cited by2 opinions
- Marcia Meoli v. The Huntington Nat'l BankCourt of Appeals for the Sixth Circuit · 2017
- 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