ALBERT O. AUSTIN, Appellant v. COUNTRYWIDE HOMES LOANS, REX L. KESSER, THOMAS E. REDDER, AND KEITH MORRIS, Appellees, 261 S.W.3d 68

Summary

The note was in the amount of $ 65,913, and had a 30-year term. At the time that the homeowner stopped making payments, the remaining principal balance on the note was in excess of $ 57,000. Nevertheless, approximately two weeks later, the homeowner began filing instruments in the real property records purporting, among other things, to amend or revoke the deed of trust. In response, the company accelerated the principal balance and interest accruing on the note. The homeowner argued that the trial court erred in granting summary judgment because there were fact issues regarding the company's ownership of the note, the amounts he paid on the note, and the company's administration of the note. The appellate court ruled that summary judgment was proper. The company presented evidence in support of each element of its claim for breach of the note, and the company testified that it had never consented to a release or modification of the note or the mortgage. Also, res judicata barred the ...