EMC filed an answer and brought a counterclaim for foreclosure and damages.Īccredited Home Lenders, Inc. The Browns asserted that their loan with Aames Home Loan was assigned to EMC in July 2005 and that an agent of EMC unlawfully entered the property while it was vacant and engaged in various malicious acts including ransacking the interior of the residence and stealing mortgage and property-related documents. The Browns amended their petition a year later to join EMC as a party and add claims for trespass, conversion, and violations of the Texas Fair Debt Collection Practices Act. In their original petition, the Browns sought injunctive relief to prevent foreclosure on their home. The Browns filed this suit in 2005 against various parties including Aames Funding Corporation d/b/a Aames Home Loan.
#Emc motgage trial#
We affirm the trial court's judgment in all other respects. Accordingly, we reverse the trial court's order authorizing the sale of the Browns' property by EMC and remand the cause for rendition of a judgment and order of sale granting the proper relief.
We conclude the trial court properly granted summary judgment in favor of EMC but erred in the form of relief it granted. Brown assert eight points of error contending the trial court erred in granting EMC Mortgage Corporation's two motions for summary judgment and ordering the sale of their property by EMC to satisfy its lien. This is an appeal from a summary judgment foreclosing a mortgage lien and an order authorizing the sale of real property.
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