U.S. Court of Appeals for the Fifth Circuit, 2000

Stringer v. Cendant Mortgage Corp.

Stringer v. Cendant Mortgage Corp.
U.S. Court of Appeals for the Fifth Circuit · Decided September 27, 2000 · Higginbotham, Smith, Duplantier
229 F.3d 466; 2000 U.S. App. LEXIS 23837; 2000 WL 1425121 (Federal Reporter, Third Series)

Stringer v. Cendant Mortgage Corp.

Opinion

PER CURIAM:

On December 22, 1999, we certified the controlling question in this case to the Texas Supreme Court. 199 F.3d 190 (5th Cir. 1999). The question certified was:

Under the Texas Constitution, may a home equity lender require the borrower to pay off third-party debt that is not secured by the homestead with the proceeds of the loan?

The Texas Supreme Court answered the question in the affirmative in a unanimous opinion filed June 8, 2000, in turn filed *467 with this court on June 12, 2000. The Texas Supreme Court by order of August 24, 2000, denied a motion for rehearing. That order was filed in this court on August 28, 2000. The posed question having been answered by a final decision of the Texas Supreme Court, the judgment of the United States District Court dismissing the case is AFFIRMED.

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