Section 51.003 of the Texas Property Code provides that when a foreclosure sale results in a deficiency, any person against whom recovery is sought may request that the court in which a deficiency lawsuit is pending determine the fair market value of […]
The media has been aflutter over the past few months about the importance of basic protective measures that technology users should implement on their electronic devices. Recent headlines have revealed serious invasions of privacy—including leaked […]
When foreclosing on property pledged as collateral for a loan, many banks have a practice of submitting a credit bid that is substantially less than the fair market value of the property. These bids are often calculated based on a fixed percentage of […]
Beginning in 2010, numerous lawsuits were filed against automated teller machine ("ATM") operators in Texas asserting violations of the Electronic Funds Transfer Act ("EFTA"). The EFTA protects consumer accounts established primarily for personal, […]
With the 2015 tax filing season upon us, it is important that bankers understand their reporting and filing obligations under the federal income tax laws upon discharge of debt. Generally, for debt that was forgiven during 2014, a creditor should have […]
Practitioners usually state that the limitations period for bringing suit on a promissory note is four years. This view is based on Texas Civil Practice and Remedies Code § 16.004(a)(3) which provides that a person must bring suit on an action for […]
The Texas Constitution details the required terms and conditions of home equity loans and the rights and obligations of borrowers and lenders on such loans. Homeowners who have either entirely repaid their home loans or who have accumulated equity […]