Priester v. JP Morgan Chase Bank, N.A.
Priester v. JP Morgan Chase Bank, N.A., 708 F.3d 667 (5th Cir. 2013)
- Court
- United States Court of Appeals for the Fifth Circuit
- Decided
- 2013-02-13
- Docket
- 12-40032
- Cited by later opinions
- 82
What happened
The Priesters' home-equity loan was signed at their house, which the Texas Constitution did not allow. Almost five years later they sued to void the lien.
What the court decided
The Fifth Circuit held their claims were barred by the four-year residual statute of limitations because the lien was voidable, not void.
Why it may matter to you
You may still see this case cited against home-equity borrowers. Know that the Texas Supreme Court later rejected its reasoning in Wood v. HSBC (2016).
Why it might not apply
On the limitations question for quiet-title claims, it has been displaced by Wood v. HSBC. Do not rely on it for that point.
Most useful when
- Someone tells you a four-year deadline bars your home-equity challenge
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.
Priester v. JP Morgan Chase Bank, N.A., 708 F.3d 667 (5th Cir. 2013)Short formPriester, 708 F.3d 667Draft — check it with free legal aid before you file or say it in court.
In Priester v. JP Morgan Chase Bank, N.A., 708 F.3d 667 (5th Cir. 2013), the court held that a home-equity borrower's constitutional challenge was subject to the four-year residual limitations period. 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 wonBinding
Holy Cross Church of God in Christ v. Wolf
44 S.W.3d 562 · Decided 2001
A church's note was accelerated, but years passed before the note holder tried to foreclose. The church asked a court to declare that the time to foreclose had run out.
Read the case - Partial winBinding
Finance Commission of Texas v. Norwood
418 S.W.3d 566 · Decided 2013
Homeowners challenged state agency interpretations of the home-equity rules, including what counts toward the 3% cap on fees.
Read the case