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Boren v. U.S. National Bank Ass'n

Boren v. U.S. Nat'l Bank Ass'n, 807 F.3d 99 (5th Cir. 2015)

Court
United States Court of Appeals for the Fifth Circuit
Decided
2015-10-26
Docket
14-20718

What happened

The Borens argued their bank waited too long — more than four years after accelerating — to foreclose. The bank pointed to later notices asking for less than the full balance.

What the court decided

The Fifth Circuit held that a lender can abandon acceleration by sending notice that it seeks only the past-due amount, which restores the original payment schedule and resets the limitations clock. The bank's foreclosure counterclaim was not time-barred.

Why it may matter to you

Before relying on the four-year limit, look for any later letter that asked only for past-due amounts. This case explains why such a letter can undo the argument.

Why it might not apply

It applies Texas law as the Fifth Circuit reads it; Texas state courts are not bound by it. Each file's letters and dates decide the outcome.

Most useful when

  • You believe the four-year limit to foreclose has run
  • The lender later sent a letter asking only for the past-due payments

How to cite it

The full citation for the first time you mention it, a short form for later, and a sample sentence you can adapt.

Full citationBoren v. U.S. Nat'l Bank Ass'n, 807 F.3d 99 (5th Cir. 2015)Short formBoren, 807 F.3d 99

Draft — check it with free legal aid before you file or say it in court.

In Boren v. U.S. Nat'l Bank Ass'n, 807 F.3d 99 (5th Cir. 2015), the court held that a lender may abandon a prior acceleration by giving notice that it seeks less than the full accelerated balance, which restarts the four-year limitations period. Here, [say in one sentence what happened in your case]

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