J.M. Arpad Lamell v. OneWest Bank, FSB, a Foreign Corporation

J.M. Arpad Lamell v. OneWest Bank, FSB, a Foreign Corporation

The court held that summary judgment was erroneous as to the enumerated claims and therefore reversed and severed those portions for remand while affirming the remainder of the judgment; the court ordered each party to pay fifty percent of appellate costs.

Citation
J.M. Arpad Lamell v. OneWest Bank, FSB, a Foreign Corporation
Parties
Appellant: J.M. Arpad Lamell; Appellee: OneWest Bank, FSB
Court
Texas Supreme Court
Jurisdiction
United States
Judgment Date
17 November 2015
Case Number
14-14-00175-CV
Procedural Posture
Civil Appeal / Appeal From Trial Court Judgment Dated January 31, 2014, Attacking Grant of Summary Judgment
Outcome
Portions of the trial court judgment reversed and severed and remanded for further proceedings; remainder of the judgment affirmed; each party ordered to pay fifty percent of appeal costs.
Legal Topics
Summary Judgment, Declaratory Judgment, Wrongful Foreclosure, Illegal Lien, Unlawful Tax Collection, RESPA, Texas Fair Debt Collection Practices Act, Unjust Enrichment, Slander of Title, Breach of Contract, Civil Conspiracy, Mail Fraud
Source Language
English
Civil Procedure Real Property Mortgage Foreclosure Consumer Protection Tort Contract Fraud Summary Judgment +11 more

Case Brief

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Parties

J.M. Arpad Lamell

Appellant

OneWest Bank, FSB

Appellee

Procedural Posture

Civil Appeal / Appeal From Trial Court Judgment Dated January 31, 2014, Attacking Grant of Summary Judgment

Legal Issues

  1. 1 Whether the trial court erred in granting summary judgment on plaintiff's declaratory judgment claim
  2. 2 Whether summary judgment was proper on unlawful tax collection, unlawful levy and illegal lien claims
  3. 3 Whether summary judgment was proper on wrongful acceleration/foreclosure claims

Ratio Decidendi

The court held that summary judgment was erroneous as to the enumerated claims and therefore reversed and severed those portions for remand while affirming the remainder of the judgment; the court ordered each party to pay fifty percent of appellate costs.

Court Disposition

Portions of the trial court judgment reversed and severed and remanded for further proceedings; remainder of the judgment affirmed; each party ordered to pay fifty percent of appeal costs.

Orders

  • Reversed and severed the portions of the judgment addressing declaratory judgment, unlawful tax collection, unlawful levy and illegal lien, wrongful acceleration/foreclosure, RESPA violations, Texas Fair Debt Collection Practices Act violations, unjust enrichment, slander of title, mortgage or title fraud, false...
  • Remanded the severed claims for further proceedings consistent with the opinion