February 12, 2013

JUDGMENT The Fourteenth Court of Appeals PATRICK O'BRIEN MURPHY AKA O'BRIEN MURPHY AND BEVERLY MURPHY, Appellants NO. 14-11-00560-CV V. WELLS FARGO BANK, N.A. AND HSBC BANK USA, Appellees ________________________________ This cause, an appeal from the judgment in favor of appellees, Wells Fargo Bank, N.A. and HSBC Bank USA, signed, March 29, 2011, was heard on the transcript of the record. We have inspected the record and find the trial court erred when it assessed Wells Fargo Bank, N.A.’s attorney’s fees and costs against appellants personally. We therefore order that the portions of the judgment that assess Wells Fargo Bank, N.A.’s attorney’s fees and costs against appellants is REVERSED and ordered severed and REMANDED for proceedings in accordance with this court's opinion.

Further, we find no error in the remainder of the judgment and order it AFFIRMED.

We order that each party shall pay its costs by reason of this appeal.

We further order this decision certified below for observance.