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PITTS v. BANK OF NEW YORK MELLON TRUST CO.

No. 05-17-00859-CV.

583 S.W.3d 258 (2018)

Lawrence P. PITTS, Appellant v. The BANK OF NEW YORK MELLON TRUST COMPANY, National Association FKA The Bank of New York Trust Company N.A. as Successor to JPMorgan Chase Bank, N.A., as Trustee for Residential Asset Mortgage Products, Inc., Mortgage Asset-Backed Pass-Through Certificates Series 2005-RP2; Ocwen Loan Servicing, LLC; and Mackie Wolf Zientz & Mann, P.C., Appellees

Court of Appeals of Texas, Dallas.

Opinion Filed December 21, 2018.

Attorney(s) appearing for the Case

Lawrence P. Pitts , 2714 Country Valley Road, Garland, TX 75043, Pro Se.

Mark D. Cronenwett , Mackie Wolf Zientz & Mann, P.C., 14160 N. Dallas Parkway, Ste. 900, Dallas, TX 75254, Thomas M. Hanson , Barry A. McCain , McGlinchey Stafford, PLLC, 6688 N. Central Expressway, Suite 400, Dallas, TX 75206, for Appellees.

Before Justices Myers, Evans, and Brown.

OPINION ON REHEARING

We withdraw this Court's opinion and vacate the judgment of October 12, 2018. This is now the opinion of the Court. We deny appellees' motion for rehearing.

This case concerns whether a lender conclusively proved it had abandoned an acceleration of the maturity date of a loan. Lawrence...

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