BEAUMONT – The Ninth Court of Appeals recently reversed in part a judgment in favor of the plaintiffs in a lawsuit against a mortgage lender.
The opinion stems from a lawsuit brought by Beverly and James Salvagio against Shellpoint Mortgage and MTGLQ Investors.
Court records show that the parties have a lengthy history involving a protracted home mortgage dispute arising from the borrowers’ 2011 default. The current suit is the second the Salvagios filed attempting to avoid non-judicial foreclosure.
The trial court granted the Salvagios’ motion for summary judgment based on the statute of limitations in which they argued that the prior servicer, Bank of America, accelerated the note in November 2011, and the statute of limitations expired in November 2015.
On April 8, the Ninth Court determined that the mortgage companies conclusively established res judicata bars the Salvagios’ assertion of statute of limitations against recovery on the indebtedness.
Justices reversed the trial court’s judgment granting the Salvagios’ declaratory relief on the statute of limitations and denial of the lenders’ summary judgment motion based on res judicata, rendering judgment that the Salvagios’ take nothing.
“We reverse the trial court’s take nothing judgment on MTGLQ and Shellpoint’s counterclaims, and we remand those affirmative claims to the trial court for further proceedings consistent with this opinion,” the opinion states.
Judge Kent Walston, 58th District Court, presided over the case in the trial court.
The Salvagios are represented by attorney Wyatt Snider.
The lenders are represented by attorneys Charles Townsend and Monica Summers.
Appeals case No. 09-19-00157-CV.
The suit was filed in Jefferson County District Court, case No. A-201268.