Wease v. Ocwen Loan Servicing, LLC, No. 17-10574 (5th Cir. 2019)Annotate this Case
The Fifth Circuit denied the petition for rehearing, withdrew the prior opinion, and substituted the following opinion.
The court reversed the breach of contract claim and held that there was ambiguity in a mortgage contract's escrow provisions and thus the district court erred by granting summary judgment to defendants on claims arising from that ambiguity. In this case, plaintiff was entitled to proceed to trial on his claim that Ocwen breached the contract by paying his 2010 taxes before they became delinquent. Furthermore, the district court erred as a matter of law by determining that Ocwen had provided contractually adequate notice of its revocation of the Waiver Agreement. The court affirmed the district court's summary judgment for Ocwen in plaintiff's unclean hands cause of action, which was mislabeled as an affirmative defense. Because it was premature to conclude that Ocwen was entitled to summary judgment on its foreclosure counterclaim, the court vacated the foreclosure ruling and remanded for reconsideration. The court affirmed the district court's grant of summary judgment for Ocwen on plaintiff's Real Estate Settlement Procedures Act (RESPA) claim and Texas Debt Collection Practices Act (TDCPA) claim.
This opinion or order relates to an opinion or order originally issued on January 4, 2019.