Joe R. Stringer; Desiree H. Stringer, Plaintiffs-appellants, v. Cendant Mortgage Corporation, Doing Business As Phh Mortgage Services Corporation, Defendant-appellee, 229 F.3d 466 (5th Cir. 2000)

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U.S. Court of Appeals for the Fifth Circuit - 229 F.3d 466 (5th Cir. 2000)

September 27, 2000


Appeal from the United States District Court for the Eastern District of Texas

Before HIGGINBOTHAM and SMITH, Circuit Judges, and DUPLANTIER* , District Judge.

Prior Report: 23 S.W.3d 353

PER CURIAM:


On December 22, 1999, we certified the controlling question in this case to the Texas Supreme Court. 199 F.3d 190 (5th Cir. 1999). The question certified was:

Under the Texas Constitution, may a home equity lender require the borrower to pay off third-party debt that is not secured by the homestead with the proceeds of the loan?

The Texas Supreme Court answered the question in the affirmative in a unanimous opinion filed June 8, 2000, in turn filedwith this court on June 12, 2000. The Texas Supreme Court by order of August 24, 2000, denied a motion for rehearing. That order was filed in this court on August 28, 2000. The posed question having been answered by a final decision of the Texas Supreme Court, the judgment of the United States District Court dismissing the case is AFFIRMED.

 *

District Judge of the Eastern District of Louisiana, sitting by designation.