IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-11404
JAMES S. DOODY; PAUL D. CARRINGTON,
Plaintiffs-Appellants,
versus
AMERIQUEST MORTGAGE COMPANY,
Defendant-Appellee.
Appeal from the United States District Court
For the Northern District of Texas
August 24, 2001
Before HIGGINBOTHAM, WIENER, and DENNIS, Circuit Judges.
PER CURIAM:
We answered all questions but two which we certified to the
Texas Supreme Court. The Texas Supreme Court answered the first
question in favor of Ameriquest Mortgage Company and did not then
reach the second of our certified questions. Specifically, the
Texas Supreme Court held:
... that section 50(a)(6)(Q)(x)’s cure provision applies
to all the lender’s obligations under the extension of
credit. Upon the cure, the lender has established the
terms and conditions the lender must satisfy to make a
lien valid under section 50(c). Accordingly, the lien
meets section 50(c)’s requirement that it is a lien that
secures a debt described by this section.
With this holding, we vacate the order of dismissal entered by
the district court and remand with instruction to enter judgment in
favor of Ameriquest Mortgage Company denying all relief sought by
appellants, plaintiffs below.
VACATED and REMANDED.
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