Santibanez v. Saxon Mortgage Inc., No. 11-10-00227-CV (Tex. App.--Eastland Aug. 23, 2012)
Aug 23, 2012OUTCOME: Appellate Court affirmed trial court's orders granting our client's motion for summary judgment and denying Plaintiff/Appellant's motion for summary judgment in a residential mortgage loan case.
Opinion available at: http://www.11thcoa.courts.state.tx.us/opinions/pdfOpinion.asp?OpinionID=10605, 2012. Appellate Court overruled all four of Plaintiff/Appellant's issues on appeal. The firs ... t two issues challenged the trial court ruling that the statute of limitations had not run on our client's right to foreclose. The Appellate Court held that a 2002 notice of acceleration of the loan had been abandoned by the parties' actions alone, even absent an express written agreement to reinstate the loan. As such, the Court overruled Plaintiff/Appellant's first two issues on appeal. The Appellate Court overruled Plaintiff/Appellant's third issue on appeal because she failed to challenge all grounds on which the trial court granted summary judgment to our client on claims for fraud, deceptive trade practices, and breach of contract. The trial court overruled Plaintiff/Appellant's fourth issue and affirmed an award of $30,000 in attorneys' fees plus conditional appellate attorneys' fees because Plaintiff/Appellant made her fourth issue conditional on the Appellate Court finding in her favor on her other issues on appeal.
