Techoclaro
All cases
Partial winBindingPending attorney reviewTexas home-equity loans

Finance Commission of Texas v. Norwood

Fin. Comm'n of Tex. v. Norwood, 418 S.W.3d 566 (Tex. 2013)

Court
Supreme Court of Texas
Decided
2013-06-21
Docket
10-0121
Cited by later opinions
238

What happened

Homeowners challenged state agency interpretations of the home-equity rules, including what counts toward the 3% cap on fees.

What the court decided

The Texas Supreme Court held that courts, not agencies, have the final say on the constitution's meaning, and decided several interpretations. It held that the "interest" excluded from the 3% fee cap means charges computed by applying a rate to principal (such as per-diem interest and legitimate discount points); other fees count toward the cap even if called interest. Some agency readings were upheld and others were not.

Why it may matter to you

If your closing papers show large fees, this case helps you understand what counts toward the 3% limit — one of the rules that makes a Texas home-equity lien valid.

Why it might not apply

The fee cap was later lowered to 2% by constitutional amendment for newer loans, and lenders can often cure an overcharge by refunding it. Your closing date matters.

Most useful when

  • Your home-equity loan charged fees you think went over the 3% cap

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 citationFin. Comm'n of Tex. v. Norwood, 418 S.W.3d 566 (Tex. 2013)Short formNorwood, 418 S.W.3d 566

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

In Fin. Comm'n of Tex. v. Norwood, 418 S.W.3d 566 (Tex. 2013), the court held that the "interest" excluded from the Texas home-equity 3% fee cap means charges computed by applying a rate to principal, not other fees labeled as interest, and courts have the final word on the constitution's meaning. Here, [say in one sentence what happened in your case]

Ask Techy about this case

Techy explains the case in plain words, why it may matter to you, its limits, and how to prepare. It only uses this case record.

Related cases

  • Homeowner wonBinding

    Wood v. HSBC Bank USA, N.A.

    505 S.W.3d 542 · Decided 2016

    The Woods took a home-equity loan on their Texas homestead that, they said, did not follow the Texas Constitution's rules. They sued years later to quiet title, and the lender said they were too late.

    Read the case
  • Homeowner lostBinding

    Garofolo v. Ocwen Loan Servicing, L.L.C.

    497 S.W.3d 474 · Decided 2016

    Ms. Garofolo paid off her home-equity loan, but the servicer did not deliver a release of lien. She sued for forfeiture of all principal and interest under the constitution.

    Read the case
  • Homeowner lostBinding

    Wells Fargo Bank, N.A. v. Murphy

    458 S.W.3d 912 · Decided 2015

    The Murphys filed their own lawsuit, which automatically stopped the lender's expedited Rule 736 home-equity foreclosure. They lost, and the lender asked for its attorney's fees.

    Read the case