Priester, Jr., et al v. JP Morgan Chase Bank, N.A., et al, No. 12-40032 (5th Cir. 2013)
Annotate this CasePlaintiffs sued for a declaratory judgment that the lien on their homestead was void and that the mortgage holder was required to forfeit all principal and interest. Plaintiffs also sought damages for defamation. The court concluded that plaintiffs' claims were time-barred under Tex. Const. Art. XVI 50(a)(6); because there was no evidence or allegation of defendants' attempting to conceal information, and because the facts that gave rise to any claims were obvious and not hidden, the doctrine of fraudulent concealment did not apply in this instance to estop the lenders' assertion of the limitations defense; because the loan was valid, and plaintiffs were delinquent, the statements at issue were true and no defamation occurred; the court rejected plaintiffs' claim that the statute of limitations barred only remedies; and the district court did not abuse its discretion in striking the amended complaints. Accordingly, the court affirmed the judgment.
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