Tommy League, Jr. and Denise M. League v. American Home Mortgage Servicing Inc. Codilis & Stawiarski And HSBC Bank USA, National Association as Trustee for SG Mortgage Securities Trust 2005-Opt1 Asset Backed Certificates, Series 2005-Opt1

• Court: Court of Appeals of Texas
• Decided: August 29, 2013
• Docket: 02-12-00317-CV
• Status: Published

Opinion

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-12-00317-CV

Tommy League, Jr. and Denise M. § From the 431st District Court League

v. § of Denton County (2011-70219-431)

American Home Mortgage Servicing Inc.; Codilis & Stawiarski; and HSBC § August 29, 2013 Bank USA, National Association as Trustee for SG Mortgage Securities Trust 2005-Opt1 Asset Backed Certificates, Series 2005-Opt1 § Opinion by Justice Gabriel

JUDGMENT

This court has considered the record on appeal in this case and holds that

there was error in part of the trial court’s judgment. It is ordered that the

judgment of the trial court is affirmed in part and reversed in part, and the case is

remanded to the trial court. We reverse that portion of the trial court’s order

granting summary judgment in favor of American Home Mortgage Servicing, Inc.

and HSBC Bank USA, National Association as Trustee for SG Mortgage

Securities Trust 2005-OPT1 Asset Backed Certificates, Series 2005-OPT1 on Tommy League, Jr.’s and Denise M. League’s declaratory judgment and DTPA

claims. We affirm the remainder of the trial court’s orders granting summary

judgment in favor of American Home Mortgage Servicing, Inc., HSBC Bank USA,

National Association as Trustee for SG Mortgage Securities Trust 2005-OPT1

Asset Backed Certificates, Series 2005-OPT1, and Codilis & Stawiarski. We

deny Tommy League, Jr.’s and Denise M. League’s request for the temporary

injunction. We remand the case to the trial court for further proceedings

consistent with this opinion.

It is further ordered the parties shall bear their own costs of this appeal, for

which let execution issue.

SECOND DISTRICT COURT OF APPEALS

By _________________________________ Justice Lee Gabriel