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Try CasePortal for FreeJ. Kacsmaryk finds that a case in which a mortgage association secured a loan from a bank with Home Equity Conversion Mortgage collateral and then declared that collateral agreement unenforceable, survives the mortgage association’s motion to dismiss. The bank’s claims in this case cannot be eliminated by statutory, regulatory or contractual elements and there is no legal barrier preventing claims of “interference with property rights” under Texas law.
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