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Texas Homeowners File Class Action Against Wells Fargo Alleging Constitutional Violations, Home Equity Loan Modifications

Texas Homeowners File Class Action Against Wells Fargo Alleging Constitutional Violations, Home Equity Loan Modifications


IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION

DAVID A. HAWKINS, and TRACY J.
HAWKINS, on behalf of themselves
and all others similarly situated,
Plaintiffs

v.

WELLS FARGO BANK, N.A.,
Defendant

Excerpt:

Defendant made Texas home equity loan modifications that did one or
more of the following in violation of the Texas Constitution’s homestead protection
provisions: (1) turned past-due interest into new principal; (2) featured a loan-to-value
ratio to a figure above 80%; and (3) failed to include mandatory disclosures concerning
the protections afforded by the Texas Constitution concerning home equity loans. These
problems are unique to home equity loans, as opposed to original purchase-money
mortgage loans, which are not at issue in this case.

[ipaper docId=67791304 access_key=key-qngqi8undph35k0whfc height=600 width=600 /]

 

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