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SMITH v. JPMORGAN CHASE BANK, NAT. ASS'N

Civil Action No. C-11-260.

825 F.Supp.2d 859 (2011)

E. Boyd SMITH, Plaintiff, v. JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Defendant.

United States District Court, S.D. Texas, Corpus Christi Division.

November 21, 2011.

Attorney(s) appearing for the Case

David Zuehl Conoly, Attorney at Law, Corpus Christi, TX, for Plaintiff.

William Lance Lewis, Baron Taylor Oursler, Marcie L. Schout, Quilling Selander Lownds Winslett & Moser P.C., Dallas, TX, for Defendant.

ORDER DENYING MOTION TO DISMISS

NELVA GONZALES RAMOS, District Judge.

"Don't mess with Texas homesteads" has been a clear message to lenders since the very early days of Texas. The prohibition is so unequivocal that any lien purporting to encumber homestead property is, and for 166 years has continuously been, beyond the reach of creditors for forced sale absent compliance with rigid constitutional requirements.1 The current...

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