James S. Doody and Paul D. Carrington, Appellants v. Ameriquest Mortgage Company, Appellee

Summary

The Texas Supreme Court answered the Fifth Circuit's certified question, holding that a lender's lien is not invalid under §50(c) when closing costs exceeding the three‑percent cap are refunded within a reasonable time, because the cure provision of §50(a)(6)(Q)(x) validates the lien. Consequently the court did not reach the second certified question and declined to consider the third question presented by the appellant.