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PRIESTER v. JP MORGAN CHASE BANK, N.A.

No. 12-40032.

708 F.3d 667 (2013)

John PRIESTER, Jr.; Bettie Priester, Plaintiffs-Appellants, v. JP MORGAN CHASE BANK, N.A.; JP Morgan Chase & Company.; Long Beach Mortgage Company; Alamo Title Company; Cristobal M. Galindo, P.C.; Galindo Law & Title; Galindo Cristobal Title Services; Cristobal M. Galindo; Kristen L. Tinsley, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 13, 2013.

Attorney(s) appearing for the Case

James C. Mosser, Alexis Faye Steinberg, Mosser Law, P.L.L.C., Dallas, TX, for Plaintiffs-Appellants.

Marcie Lynn Schout, William Lance Lewis, Quilling, Selander, Lownds, Winslett & Moser, P.C., Dallas, TX, Jude Thaddeus Barreneche, Irving, TX, for Defendants-Appellees.

Before DAVIS, JONES, and SMITH, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Appellants John and Bettie Priester obtained a loan backed by a lien on their homestead from a bank eventually obtained by JP Morgan Chase Bank, N.A. The mortgage agreement was signed at the Priesters' house in violation of the Texas Constitution. Almost five years later, the Priesters sued for a declaratory judgment that the lien was void and that the mortgage holder was required to forfeit all principal and interest. The Priesters...

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