The trial court granted summary judgment for the appellee, a bank, in this suit involving a foreclosure. The nonrecourse status of the loan mandates that appellants are not personally liable for the attorneys' fees the bank incurred prosecuting this litigation; rather, the bank may only recover its attorneys' fees and costs against the property. Because appellants were seeking a loan to refinance their home mortgage and not the purchase of a new home, they are not consumers under the DTPA. The trial court's judgment is affirmed in part, reversed to the extent it awards attorneys' fees against the appellants personally, and remanded. Houston's 14th Court of Appeals, No. 14-11-00560-CV, 02-12-2013.
Murphy v. Wells Fargo Bank N.A.
Tex. App. Dist. 14
February 14, 2013