Freddie L. Shellnut v. Wells Fargo Bank, N.A., D/B/A America's Servicing Company US Bank National Assoc., as Trustee for Credit Suisse First Boston Mortgage Securities Corp., Home Equity Asset Trust 2006-7, Home Equity Pass-Through Certificate ( 2017 )


Menu:
  •                         COURT OF APPEALS
    SECOND DISTRICT OF TEXAS
    FORT WORTH
    NO. 02-15-00204-CV
    Freddie L. Shellnut                     §   From the 96th District Court
    v.
    §   of Tarrant County (096-264305-13)
    Wells Fargo Bank, N.A., d/b/a
    America’s Servicing Company; US
    Bank National Assoc., as Trustee        §   April 27, 2017
    For Credit Suisse First Boston
    Mortgage Securities Corp., Home
    Equity Asset Trust 2006-7, Home
    Equity Pass-Through Certificate         §   Opinion by Chief Justice Livingston
    JUDGMENT
    This court has considered the record on appeal in this case and holds that
    there was error in part of the trial court’s judgment.    It is ordered that the
    judgment of the trial court is affirmed in part and reversed in part. We reverse
    that portion of the trial court’s summary judgment on Freddie L. Shellnut’s fraud
    and negligent misrepresentation claims to the extent he seeks non-benefit-of-the-
    bargain damages. We also reverse the portion of the summary judgment on
    Shellnut’s TDCA-violation claims except the allegation that Wells Fargo Bank,
    N.A. and US Bank National Association wrongfully threatened to foreclose. We
    remand those claims to the trial court for further proceedings consistent with this
    opinion. We affirm the remainder of the summary judgment.
    It is further ordered that Freddie L. Shellnut, Wells Fargo Bank, N.A., and
    US Bank National Association shall each pay one-third of the costs of this
    appeal, for which let execution issue.
    SECOND DISTRICT COURT OF APPEALS
    By /s/ Terrie Livingston
    Chief Justice Terrie Livingston
    

Document Info

Docket Number: 02-15-00204-CV

Filed Date: 4/27/2017

Precedential Status: Precedential

Modified Date: 5/2/2017