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DOODY v. AMERIQUEST MORT. CO.

No. 01-0137.

49 S.W.3d 342 (2001)

James S. DOODY and Paul D. Carrington, Appellants, v. AMERIQUEST MORTGAGE COMPANY, Appellee.

Supreme Court of Texas.

Decided June 7, 2001.

Attorney(s) appearing for the Case

Bruce Priddy, Dallas, for Appellant.

Kenneth R. Valka, Hales Corners, WI, Shari L. Heyen, Gregory C. Ulmer, Baker & Hostetler, Houston, for Appellee.

Justice BAKER delivered the opinion of the Court.

This case involves two certified questions from the United States Court of Appeals for the Fifth Circuit. The Fifth Circuit asks:

1. Under the Texas Constitution, if a lender charges closing costs in excess of three percent, but later refunds the overcharge, bringing the charge costs within the range allowed by section 50(a)(6)(E), is the lien held by the lender invalid under section 50(c)? 2. If...

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