Wells Fargo Bank, N.A. v. Murphy
Wells Fargo Bank, N.A. v. Murphy, 458 S.W.3d 912 (Tex. 2015)
- Court
- Supreme Court of Texas
- Decided
- 2015-02-06
- Docket
- 13-0236
- Cited by later opinions
- 83
What happened
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.
What the court decided
The Texas Supreme Court held that home-equity borrowers who file a separate lawsuit can be personally liable for the lender's attorney's fees in that suit when the loan documents allow it; the non-recourse protection does not shield them from that.
Why it may matter to you
Filing suit can stop a Rule 736 case, but it has a cost if you lose. Weigh it with free legal aid before filing.
Why it might not apply
It depends on the fee language in your loan documents and on the claims you file.
Most useful when
- You are thinking of filing your own lawsuit to stop a Rule 736 home-equity foreclosure
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.
Wells Fargo Bank, N.A. v. Murphy, 458 S.W.3d 912 (Tex. 2015)Short formMurphy, 458 S.W.3d 912Draft — check it with free legal aid before you file or say it in court.
In Wells Fargo Bank, N.A. v. Murphy, 458 S.W.3d 912 (Tex. 2015), the court held that home-equity borrowers who file a separate lawsuit that stops a Rule 736 proceeding may be personally liable for the lender's attorney's fees in that suit when the loan documents provide for them. Here, [say in one sentence what happened in your case]
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