Texas High Court: Lender May Simultaneously Rescind Acceleration, Re-Accelerate

(February 26, 2024, 2:12 PM EST) -- AUSTIN, Texas — If rescission of a loan acceleration complies with Texas Civil Practice and Remedies Code Section 16.038, it resets the statute of limitations “even if it is combined with a notice of reacceleration,” the Texas Supreme Court ruled Feb. 23, answering in the affirmative the Fifth Circuit U.S. Court of Appeals’ certified question asking whether a mortgage lender may simultaneously rescind a prior acceleration and re-accelerate a loan....