United States Fifth Circuit

In an action raising claims challenging defendant-bank's foreclosure of plaintiffs' home in Texas, summary judgment for the bank is affirmed in part and reversed in part where: 1) a claim that plaintiffs had previously paid the entire the balance of the note failed on quasi estoppel grounds; 2) sua sponte dismissal of a claim alleging that the bank violated the notice requirements in the Texas Property Code was error; 3) sua sponte dismissal of a claim under the Fair Debt Collection Practices Act was also error; and 4) dismissal of a state law claim on statute of limitations grounds was error.

Appellate Information

• Decided 06/14/2007
• Published 06/14/2007

Judges

• DeMOSS, Circuit Judge:, Before REAVLEY, DeMOSS and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• David Wallace Holman (argued), The Holman Law Firm PC, Houston, TX, for Plaintiffs-Appellants.


• For Appellees:
  
• John Hatchett McFarland, William Guy Arnot (argued), Winstead, Sechrest & Minick, Houston, TX, for Defendant-Appelellee.