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WEASE v. OCWEN LOAN SERVICING, L.L.C.

No. 17-10574.

912 F.3d 768 (2019)

Michael WEASE, Plaintiff-Appellant v. OCWEN LOAN SERVICING, L.L.C.; Wells Fargo Bank, N.A., Defendants-Appellees

United States Court of Appeals, Fifth Circuit.

FILED January 4, 2019.

Attorney(s) appearing for the Case

Jack B. Peacock, Jr. , David M. Vereeke , Gagnon, Peacock & Vereeke, P.C., Dallas, TX, for Plaintiff-Appellant.

Brett Schouest , Dykema Cox Smith, San Antonio, TX, Adam Ross Nunnallee , Dykema Cox Smith, Dallas, TX, for Defendant-Appellee.

Before KING, HAYNES, and HIGGINSON, Circuit Judges.

This Texas mortgage dispute presents contractual, statutory, and equitable issues. We discern ambiguity in the contract's escrow provisions and therefore hold that the district court erred by granting summary judgment to the defendants on claims arising from that ambiguity. Otherwise, we affirm.

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