The appellants' mortgage agreement was signed at their house in violation of the Texas Constitution. Their suit, seeking that the mortgage holder forfeit all principal and interest, was dismissed on the ground of limitations. A limitations period applies to constitutional infirmities under Texas Constitution Article XVI Section 50(a)(6). The legal injury rule applies to the creation of unconstitutional liens. The judgment of dismissal is affirmed. 5th U.S. Circuit Court of Appeals, No. 12-40032, 02-13-2013.
Priester v. JP Morgan Chase Bank N.A.
February 19, 2013
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