
Mike Northrup wins reversal of summary judgment in mortgage lien dispute
Jul 16, 2008 ⋅ Category: GAL
Mike Northrup successfully overturned a summary judgment before the Waco Court of Appeals in a case in which a junior lienholder asserted that the mortgage company was barred by the statute of limitations from foreclosing on its superior lien. The trial court had granted a summary judgment based upon the junior lienholder's argument that a letter sent pursuant to the Fair Debt Collection Practices Act had accelerated the Note and triggered the running of the statute of limitations. The court of appeals held that the letter in question was not a proper notice of acceleration because it does not clearly and unequivocally advise the debtor that the debt is due and immediately payable.







