ATHEY v. MERS.

No. 11-09-00224-CV.

314 S.W.3d 161 (2010)

Ray ATHEY, a/k/a Ray D. Athey and Belinda Athey, Appellant, v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as Nominee for Lender, its Successors and Assigns, Appellee.

Court of Appeals of Texas, Beaumont.

April 22, 2010.


Attorney(s) appearing for the Case

Vance Dunnam, Christie Ryan, Dunnam & Dunnam, Waco, for appellant.

C. Bradley Kitchens, Diana Estala Stevens, Mann & Stevens, P.C., Houston, for appellee.

Panel consists of: WRIGHT, C.J., McCALL, J., and STRANGE, J.


OPINION

RICK STRANGE, Justice.

Ray Athey, a/k/a Ray D. Athey and Belinda Athey sued Mortgage Electronic Registration Systems, Inc. (MERS) as Nominee for Lender, Its Successors and assigns, for fraud in connection with a home equity loan. MERS filed a motion for summary judgment. The trial court granted that motion and found that the Atheys were in default on a promissory note, that MERS was the beneficiary of a deed of trust securing their note, and that...

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