A mortgagor filed suit against Wells Fargo for conversion, breach of contract, and fraud after insurance proceeds from a hail damage claim were applied to a delinquency on the mortgage instead of payment to the roofer as the mortgagor had initially been advised. The trial court granted partial summary judgment in favor of Wells Fargo but before the ruling was filed with the clerk, the mortgagor filed a nonsuit. The trial court dismissed with prejudice the claims adjudicated by the partial summary judgment. Because the partial summary judgment was rendered when the trial court made its decision in the letter ruling, the court of appeals found that the trial court properly dismissed the claims with prejudice. Additionally, under the terms of the deed of trust, Wells Fargo's election to apply the insurance proceeds to the mortgagor's indebtedness was permissible and not untimely. The trial court's judgment is affirmed.
Roberts v. Wells Fargo Bank, N.A.
Tex. App. Dist. 8
July 1, 2013