Local Attorney Perry Cockerell Calls Attention to Home Equity Litigation in the Bankruptcy Court

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Perry Cockerell's presentation on Home Equity Litigation weighs in on the topic of a Texas Supreme Court case.

Attorney Perry Cockerell recently spoke and presented a paper on “Developments in Texas Home Equity Litigation in Bankruptcy Court” at the 25th Annual Robert C. Sneed Texas Land Title Institute to over 500 title industry professionals and Texas attorneys gathered December 3-4, 2015 in San Antonio, Texas.

“The topic is timely because the Texas Supreme Court just heard oral arguments in a case where they will decide if home equity violations can be asserted more than four years after the closing,” commented Mr. Cockerell. “That is the law according to the Fifth Circuit and Texas appellate courts that agree that borrower defenses used to forfeit a home equity loan cannot be asserted more than four years after the closing.”
Case in point, one bankruptcy court has forfeited two home equity loans by allowing borrowers to raise forfeiture defenses in response to litigation or the filing of a proof of claim more than four years after the closing by holding that the Fifth Circuit ruling has no application in the bankruptcy context. The Texas Supreme Court will have to decide if the Fifth Circuit made the right call in interpreting Texas law. “This issue has to be settled once and for all so that all courts in Texas apply the law uniformly,” added Mr. Cockerell. The 25th Annual Robert C. Sneed Texas Land Title Institute is hosted by the Texas Land Title Association (TLTA). The TLTA is a trade association that represents the title insurance industry throughout Texas, serving over 13,000 professionals who work to ensure the safe and efficient transfer of real estate. It’s estimated that over 90 percent of title insurance agents and underwriters who are licensed to do business in Texas are members of TLTA.

About Perry J. Cockerell, Attorney at Law:
Perry Cockerell is a civil attorney practicing in Dallas, Texas. He has over 34 years of general civil and appellate experience, specializing in civil trial law that involves creditor’s rights, real estate litigation, title insurance defense, employment litigation, and bankruptcy litigation. Clients of Perry J. Cockerell, Attorney at Law include banks and business entities as well as individuals. For more information on Perry Cockerell or his cases, visit http://perryjcockerell.com or call (214) 740-2521.

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Chris Moreno
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