Stringer v. Cendant Mortgage Corp.

229 F.3d 466, 2000 U.S. App. LEXIS 23837, 2000 WL 1425121

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 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.