US Court of Appeals for the Fifth Circuit Opinions
Wilmington Trust, N.A. v. Rob
Opinion Date: May 21, 2018
Judge: Stephen Andrew Higginson
Areas of Law: Banking, Real Estate & Property Law
The Fifth Circuit reversed the district court's grant of summary judgment for Wilmington Trust, holding that the lender was not entitled to foreclosure because it failed to prove that it provided adequate notice of intent to accelerate. The court held that Texas common law imposes notice requirements before acceleration that is clear and unequivocal. In this case, Wilmington Trust failed to meet its burden to show clear and unequivocal notice of intent to accelerate prior to filing suit.
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