Wease v. Ocwen Loan Servicing, LLC, No. 17-10574 (5th Cir. 2019)
Annotate this CaseIn this action involving a Texas mortgage dispute, the Fifth Circuit held that there was ambiguity in the contract's escrow provisions and thus the district court erred by granting summary judgment to defendants on claims arising from that ambiguity. The court noted that, at this stage, it was premature to conclude that defendants were entitled to their foreclosure counterclaim. Therefore, the court vacated the foreclosure ruling and remanded for reconsideration. The court affirmed the district court's grant of summary judgment for defendants on the Real Estate Settlement Procedures Act claim, and the district court's judgment on the Texas Debt Collection Practices Act claim.
The court issued a subsequent related opinion or order on February 13, 2019.
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