OUTCOME: We won at trial and on appeal - opinion published.
EduCap, Inc. v. Mendoza, No. 03-18-00686-CV (Tex.App.- Austin, Sep. 27, 2019, no pet. h.) (take-nothing judgment in favor of student-loan defendant affirmed where EduCap failed to provide admissible ev...idence at trial that it owned the loan made by bank as program lender and was entitled to recover). Case is widely cited and very well known.
https://debt-suit-litigation-in-texas.blogspot.com/2019/10/student-loan-plaintiff-educap-inc-loses.html
Debt collection
Capital One Bank (USA), NA v. My Client; Montgomery County Justice Court Prec. 3; Cause No. 14904JC
May 05, 2014
OUTCOME: Dismissed by Plaintiff prior to trial.
Our client was sued for allegations of failure to pay a credit card debt.
Debt and lending agreements
National Collegiate Student Loan Trust vs. our Client; 001-00216-2013 Court: Collin County Court at Law No. 1
May 06, 2013
OUTCOME: The student loan company dismissed the lawsuit in open court after the case was called to trial. Our client never had to appear in Court and did not have to pay any money to the student loan company.
A student loan lender sued our client alleging default on a student loan.
Consumer protection
National Collegiate Student Loan Trust 2006-2 vs. My Client, Harris County Court at Law No. 1, Case No: 1021602
Mar 15, 2006
OUTCOME: We went to trial and won the case for our client. Our client never had to appear in Court and did not have to pay any money to the student loan company.
Our client was sued for allegation of failure to repay a student loan.
Litigation
American Title Co. v. BOMAC Mortgage Holdings, L.P., 196 S.W.3d 903, (Tex. App. -- Dallas 2006, no pet.)
Jan 25, 2005
OUTCOME: We won at trial and on appeal - opinion published.
In July 2000, Bomac loaned $288,000 to Anthony Norris to purchase property in Galveston County. American Title provided escrow and other services relating to the closing of the sale. Norris defaulted o...n the loan after Bomac sold it to a third party, Impac Funding Corporation. Bomac paid $197,343.82 to Impac and sued American Title alleging fraud in the transaction.
Although the parties offered contradictory testimony and the case was vigorously contested at trial, some basic facts about the transaction are well established. Lawrence Caldwell, a principal of First Interstate Financial Network and a mortgage broker, contacted American Title through Paulette Lee about providing services in connection with a sale of the property to Norris. At the time American Title opened its file on the transaction, the property was owned by SDGA Investments. The transaction financed by Bomac, however, was a sale of the property from First Interstate to Norris. The parties do not appear to dispute a "flip" took place in which the property was transferred from SDGA to First Interstate for $195,000, then from First Interstate to Norris for $320,000, on the same day. The parties also do not appear to dispute the title commitment was altered to omit ownership information about the property or that $400 of the closing costs originally designated as a "review fee" to an attorney were used for Lee's personal rent payment.
Other facts relating to the transactions are disputed. The jury heard evidence regarding the use of proceeds from the Bomac loan to finance both sales, the source of Norris's downpayment, Bomac's instructions relating to the loan and whether the flip was a "simultaneous transaction" of which American Title was required to notify Bomac, whether Bomac relied on the altered closing documents, and other facts. In an eleven to one verdict, the jury found American Title defrauded Bomac, committed theft, and acted unconscionably. In the second phase of the trial, the jury awarded Bomac $250,000 in additional damages under the DTPA for American Title's knowing conduct. The trial judge entered judgment on the jury's verdicts
Debt collection
Asset Acceptance LLC v. My Client; Dallas County Justice of the Peace Prec. 1-1; Cause No. JC08-00402H
N/A
OUTCOME: We won at trial.
Our client was sued by a debt buyer. We tried the case to verdict and won a take nothing judgment against the debt collector.
Debt collection
American Express Bank, FSB v. My Client; Dallas County Court at Law No. 2; Cause No. CC-10-02278-B
N/A
OUTCOME: Case Dismissed
American Express sued our client. At trial, we forced American Express to dismiss its case due to a lack of admissible evidence.
Debt collection
Unifund CCR Partners v. My Client; Tarrant County Court at Law No. 1; Cause No. 2007-057422-1
N/A
OUTCOME: Case Dismissed
A junk debt buyer sued our client. We forced them to dismiss the case before trial.
Debt collection
CACH, LLC v. My Client; Dallas County Court at Law No. 1; Cause No. CC-07-09189-A
N/A
OUTCOME: Case Dismissed
A junk debt buyer sued our client. We filed a motion to dismiss for lack of jurisdiction, which was granted.
Debt collection
Oliphant Financial, LLC v. My Client; Collin County Court at Law No. 4; Cause No. 004-1995-07
N/A
OUTCOME: Case Dismissed
Our client was sued by a junk debt buyer. We filed a Motion for Summary Judgment. At the hearing on our motion, we got the debt buyer's evidence tossed out. We then won the motion.
