Judge: Borrowers’ Heir Not A Party To Loan Deal, Cannot Sue Over Foreclosure

Mealey's (April 22, 2022, 11:30 AM EDT) -- SAN ANTONIO — A federal judge in Texas on April 19 granted a mortgage lender’s motion to dismiss in a breach of contract lawsuit, ruling that the plaintiff in the action — the son and lone heir of the borrowers of the mortgage loan — was not a party to the loan and, thus, the lender had no duty to provide the plaintiff with a notice of default, acceleration of the loan or impending foreclosure....