STRINGER v. CENDANT MORTG. CORP.

No. 99-40100.

199 F.3d 190 (1999)

Joe R. STRINGER; Desiree H. Stringer, Plaintiffs-Appellants, v. CENDANT MORTGAGE CORPORATION, doing business as PHH Mortgage Services Corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 22, 1999.


Attorney(s) appearing for the Case

Ralph E. Allen (argued), Tyler, TX, for Plaintiffs-Appellants.

Elizabeth Grace Smith (argued), Davis & Opper, San Antonio, TX, for Defendant-Appellee.

Before HIGGINBOTHAM and SMITH, Circuit Judges, and DUPLANTIER, District Judge.


PER CURIAM:

This case requires the construction of section 51 of the Texas Constitution: whether a home equity lender may require the borrower to pay off other third-party debt not secured by the homestead with the loan proceeds. Because this case involves a determinative question of state law which the Texas courts have not definitively decided, we are persuaded that we should certify the question to the Supreme Court of Texas.

CERTIFICATE FROM THE UNITED...

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