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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.

Full citationPriester v. JP Morgan Chase Bank, N.A., 708 F.3d 667 (5th Cir. 2013)Short formPriester, 708 F.3d 667

Draft — 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]

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