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Thomas et al v. HSBC Bank USA, National Association

RESPONSE in Opposition to 30 MOTION for Summary Judgment

9 Cited authorities

  1. Wells Fargo Bank, N.A. v. Murphy

    58 Tex. Sup. Ct. J. 303 (Tex. 2015)   Cited 88 times
    Holding that, other than jurisdictional issues, an appellate court commits reversible error when it sua sponte raises grounds that were not argued on appeal

  2. Landers v. Nationstar Mortgage, LLC

    461 S.W.3d 923 (Tex. App. 2015)   Cited 15 times
    In Landers v. Nationstar Mortgage, LLC, 461 S.W.3d 923, 925 (Tex. App. -- Tyler 2015, no pet.), a lender sued for judicial foreclosure, and the borrowers argued that the suit was time-barred because limitations had expired.

  3. Curry v. Ocwen Loan Servicing LLC

    CIVIL ACTION NO. H-15-3089 (S.D. Tex. Jul. 14, 2016)   Cited 7 times
    Explaining that "because a Rule 736 proceeding cannot be brought as a counterclaim in a borrower's suit against the lender . . . Defendants were prevented from obtaining the constitutionally required court order they need to exercise their contractually granted power of sale; and therefore the statute of limitations for exercising such was thus tolled during the pendency of the borrower's action"

  4. HSBC Bank U.S., N.A. v. Crum

    CIVIL ACTION NO. 3:14-CV-3522-B (N.D. Tex. Feb. 24, 2016)   Cited 5 times
    Holding that four year statute of limitations to foreclose on note tolled by foreclosure prevention suit

  5. PNC Bank Nat'Lass'N v. Fisher

    CIVIL ACTION NO. 4:15-CV-01217 (S.D. Tex. Jun. 28, 2017)   Cited 3 times

    CIVIL ACTION NO. 4:15-CV-01217 06-28-2017 PNC BANK NATIONAL ASSOCIATION, Plaintiff, v. WILLIAM C. FISHER IV, et al., Defendants. The Honorable Alfred H. Bennett United States District Judge ORDER Before the Court are Plaintiff PNC Bank National Association's ("PNC") Motion for Summary Judgment (Doc. #23), Defendants William C. Fisher, IV and Judy Raymond Fisher's (the "Fishers") Motion for Summary Judgment (Doc. #24) and Brief in Support of their Motion (Doc. #25), and the Fishers' Response to Plaintiff's

  6. Rodriguez v. JPMorgan Chase Bank, N.A.

    No. 04-14-00342-CV (Tex. App. Jun. 17, 2015)   Cited 4 times
    Holding that although a motion brought pursuant to TEX. R. CIV. P. 248 is not the same as a motion for summary judgment, it is "a simple vehicle used to present a question of law that required disposition prior to trial."

  7. Hunt Steed v. Steed

    908 S.W.2d 581 (Tex. App. 1995)   Cited 13 times
    Holding equitable tolling was unavailable because an appeal of a divorce decree did not impede the appellant from separately suing her ex-mother-in-law

  8. Section 16.035 - Lien on Real Property

    Tex. Civ. Prac. & Rem. Code § 16.035   Cited 352 times   2 Legal Analyses
    Requiring only a "suit for . . . the foreclosure of a real property lien"

  9. Rule 736 - Expedited Order Proceeding

    Tex. R. Civ. P. 736   Cited 231 times

    736.1. Application (a)Where Filed. An application for an expedited order allowing the foreclosure of a lien listed in Rule 735 to proceed must be filed in a county where all or part of the real property encumbered by the loan agreement, contract, or lien sought to be foreclosed is located or in a probate court with jurisdiction over proceedings involving the property. (b)Style. An application must be styled "In re: Order for Foreclosure Concerning [state: property's mailing address] under Tex. R