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Case Law - save on Lexis / WestLaw. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-40100 JOE R. STRINGER; DESIREE H. STRINGER, Plaintiffs-Appellants, versus CENDANT MORTGAGE CORPORATION, doing business as PHH Mortgage Services Corporation, Defendant-Appellee. Appeal from the United States District Court for the Eastern District of Texas September 27, 2000 Before HIGGINBOTHAM and SMITH, Circuit Judges, and DUPLANTIER*, District Judge. 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 *District Judge of the Eastern District of Louisiana, sitting by designation. 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. 2 |
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