Texas Supreme Court

Alice M. Wood and Daniel L. Wood v. Hsbc Bank USA, N.a. and Ocwen Loan Servicing, L.L.C.

May 20, 201659 Tex. Sup. Ct. J. 877

Summary

The Texas Supreme Court held that a homestead lien securing a constitutionally non‑compliant home‑equity loan is void until the loan’s defects are cured, so no statute of limitations bars a quiet‑title action, and it foreclosed the Woods’ declaratory‑judgment claim for forfeiture. A dissent argued the opposite, contending that the four‑year limitations period applies and that the forfeiture claim should not be barred.