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SIMS v. CARRINGTON MORTG. SERVICES, L.L.C.

No. 13-0638.

440 S.W.3d 10 (2014)

Frankie SIMS, on Behalf of Himself and all Others Similarly Situated; and Patsy Sims, on Behalf of Herself and all Others Similarly Situated, Appellants, v. CARRINGTON MORTGAGE SERVICES, L.L.C., Appellee.

Supreme Court of Texas.

Decided May 16, 2014.

Rehearing Denied October 3, 2014.

Attorney(s) appearing for the Case

David M. Gottfried , Law Office of David Gottfried, P.C., Austin, Earl Berry Jr. , Hurt & Berry, LLP, Edom, James Patrick Sutton , The Law Office of J. Patrick Sutton, Austin, Jeffrey W. Hurt , Hurt & Berry LLP, Dallas, TX, for Appellant.

Amanda Schaeffer , Benjamin David Lee Foster, Daron L. Janis , Robert T. Mowrey , Thomas G. Yoxall , William Scott Hastings , Locke Lord LLP, Austin, TX, for Appellee.

Ken Carroll , Carrington Coleman Sloman & Blumenthal, Dallas, TX, for Amicus Curiae Federal National Mortgage Association.

Karen M. Neeley , Cox Smith Matthews, Inc., Austin; TX, for Amicus Curiae Independent Bankers Association of Texas.

B. Scott Daugherty , for Amicus Curiae, Texas Bankers Association.

John C. Fleming , Law Office of John C. Fleming, Austin, TX, for Amicus Curiae Texas Bankers Association.

Chief Justice HECHT delivered the opinion of the Court.

To avoid foreclosure, homeowners and lenders often try to restructure underwater home mortgage loans that are in default by capitalizing past-due amounts as principal, lowering the interest rate, and reducing monthly payments, thereby easing the burden on the homeowners. But home equity loans are subject to the requirements of Article XVI, Section 50 of the Texas Constitution. The United States Court of Appeals...

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