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Robinson v. Saxon Mortgage Services, Inc.

The loan documents were unambiguous and the deed of trust executed by Herndon Y. Robinson in favor of Southwest Equities' trustee created a constitutionally valid lien. Austin Court of Appeals, No. 03-05-00676-CV

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OPINION

Appellant Herndon Y. Robinson appeals from the trial court’s granting of summary judgment in favor of appellee Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. We affirm the trial court’s judgment.

In 2000, Robinson took out a mortgage loan from Union Planters Bank to buy a house that he proceeded to use as his homestead. The original mortgage was for $450,300. In 2001, Robinson filled out a “Uniform Residential Loan Application,” seeking a $570,400 loan to refinance the mortgage and pay for a $89,528 builder’s and mechanic’s lien held by TDG Remodeling against the property. He also signed an “Affidavit and Agreement” stating that he was borrowing $570,400 from Southwest Equities to “refinance outstanding debt against the Property” and an adjustable rate note stating that he “promise[d] to pay” $570,400 to the lender, Southwest Equities, over a thirty-year term and agreeing to make payments of $5,111.36 per month until 2004, when the interest rate could change. The loan was secured by a deed of trust executed by Robinson in favor of Southwest Equities’ trustee. The deed states that the loan proceeds used to pay off outstanding liens against the property were advanced at Robinson’s request, that Robinson had represented that the prior loans were secured by valid liens against the property, and that Southwest Equities “shall be subrogated to any and all rights, superior titles, liens and equities owned or claimed by any owner or holder of any outstanding liens and debts, regardless of whether said liens or debts are acquired by Lender by assignment or are released by the holder thereof upon payment.”

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