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Portillo v. DLJ Mortgage Capital, Inc.

United States District Court, Fifth Circuit

January 23, 2014

ANA PORTILLO, Plaintiff,
v.
DLJ MORTGAGE CAPITAL, INC., Defendant.

ORDER

GRAY H. MILLER, District Judge.

Pending before the court is defendant DLJ Mortgage Capital, Inc.'s ("DLJ") motion to dismiss. Dkt. 10. Plaintiff asserts four claims for legal and equitable relief, all of which are based on alleged violations of ยง 50(a)(6) of the Texas Constitution relating to home equity loans. Dkt. 1, Ex. C (original complaint). However, the Fifth Circuit recently ruled that such claims are subject to Texas's four-year statute of limitations, and they accrue at the time of the loan's closing. Priester v. JP Morgan Chase Bank, N.A., 708 F.3d 667, 674-76 (5th Cir. 2013). Plaintiff admits in her petition that the loan closed on or about July 21, 2006, more than seven years before the petition was filed. While plaintiff attempts to avoid the time bar by arguing that Priester wrongly interpreted Texas law, this court is bound by Priester 's reasoning unless and until a subsequent Texas state court decision or constitutional amendment supersedes that analysis. That has ...


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