The appellants in this suit relating to a foreclosure appeal the district court's dismissal with prejudice of their Texas Debt Collection Act and Texas Deceptive Trade Practices Act claims. The allegation that BAC promised to consider an application for loan modification before foreclosure is sufficient to state a claim under TDCA §392.304(a)(14). The trial court's judgment is affirmed in part, and reversed and remanded in part. 5th U.S. Circuit Court of Appeals, No. 12-41273, 08-13-2013.
Miller v. BAC Home Loans Servicing, L.P.
August 13, 2013