Nelva Gonzales Ramos

• Smith v. JPMorgan Chase Bank, National Ass'n

  District Court, S.D. Texas · 2011-11-21 · cited 6×

  The case involves borrower E. Boyd Smith challenging a home equity line of credit lien placed by JPMorgan Chase Bank on his Texas homestead property, alleging it violated the Texas Constitution because a prior equity loan already encumbered the homestead. The bank admitted the constitutional violation in correspondence but moved to dismiss the suit on grounds that the claim was barred by the four-year statute of limitations. The court denied the motion to dismiss, holding that under Texas law a noncompliant homestead lien is void ab initio and that claims to quiet title based on such constitutionally void liens are not subject to limitations, particularly given the constitution's cure provision allowing the lender to correct violations upon notice. The reasoning emphasized that the Texas Constitution's homestead protections, in place for over 166 years, render invalid liens unenforceable absent strict compliance, and applying limitations would undermine the cure mechanism and borrower protections without prejudice to the lender.

  propertyprocedure

  Read the full opinion inline ▾ (4,391 words)

• Guajardo v. Deanda

  District Court, S.D. Texas · 2010-02-10

  Read the full opinion inline ▾ (9,203 words)

• In Re the Extradition of Nava Gonzalez

  District Court, S.D. Texas · 2004-01-08 · cited 6×

  Read the full opinion inline ▾ (5,949 words)

• In Re Extradition of Munguia

  District Court, S.D. Texas · 2003-11-18

  Read the full opinion inline ▾ (1,080 words)

• In Re the Extradition of Cervantes Valles

  District Court, S.D. Texas · 2003-03-31 · cited 12×

  Read the full opinion inline ▾ (8,085 words)

Affiliations