Office Update Regarding Harvey Repairs

The office sustained flood damage from Hurricane Harvey.  The office is not currently usable by our staff due to ongoing restoration.  The firm is still operational and can receive U.S. Mail at the regular office address.  Until further notice, please contact the firm for a temporary private courier shipping address. 

The firm's phone number, 713-861-8833, is operational and is being forwarded to staff cell phone(s). All firm emails are operational as well.  The fax number is currently not operational. 

Future updates on the state of the office will be posted as the situation progresses. 

Hurricane Harvey Office Repairs

Our physical office remains closed tomorrow, September 5, 2017, due to Hurricane Harvey repairs.  The best way to contact the office is via email.  We will post an update when we are able to forward phone calls.  Updates can be found here or on our Facebook Page (link below).  We hope that new carpet and drywall will be installed by end of this week.  We thank you for your patience.  

Facebook:  https://m.facebook.com/jjacksonpllc

 

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Name Change Announcement

Effective January 1, 2016, the name of our firm has been changed to
Jeffrey Jackson & Associates, LLP.

Our address, phone number, and fax number remain the same.  Please access attorney profile pages on this website to view updated e-mail addresses.  

As always, we remain dedicated to providing the highest quality counsel and advocacy for the benefit of our clients.

Recent Favorable Client Result

Jackson & Elrod, LLP lawyers achieved a favorable result for a client in a four-year statute of limitations case earlier this month.  In Texas, lenders must conduct a residential foreclosure within four years of accelerating the loan balance.  The issue before Federal District Judge Keith Ellison in Swoboda v. Ocwen Loan Servicing, LLC, (Civil Action No. 4:13-cv-02986) was whether the lender abandoned acceleration of the loan balance during the four years that passed after the initial acceleration.  The lender argued that it abandoned the initial acceleration by entering into a loan modification agreement with Mr. Swoboda, re-accelerating the loan a year after the initial acceleration, and/or by merely offering Mr. Swoboda a loan modification.

The federal court rejected all of the lender’s arguments and reversed its prior decision granting summary judgment for the lender.  With regard to the bank’s re-acceleration of the loan, the court said permitting a loan fully-due and payable to be accelerated again would "make a mockery of the statute of limitations." Swoboda v. Ocwen Loan Servicing, LLC, Civil Action No. 4:13-cv-02986, Doc. 100 at 3 (S.D. Tex. Aug. 10, 2015).  With regard to the lender’s offering of a loan modification, the court said, “an offer of a loan modification agreement is at most a conditional abandonment: if the borrower does not accept the loan modification, then the status of the loan does not change and the prior acceleration remains intact.”  Id.

The court found that Mr. Swoboda never actually entered into any loan modification agreement with the lender during the four years after acceleration, and that the lender produced “no evidence in the record that the bank sent [Mr. Swoboda] any mortgage statements . . . to show that he could become current on the loan by paying less than the full balance of principal and interest.”  Id.

The scenario in Mr. Swoboda’s case is not uncommon – particularly when it comes to Texas home equity loan foreclosures.  Homeowners and practitioners should remain vigilant in protecting clients’ rights under the statute of limitations.   The court’s Memorandum and Opinion in Swoboda v. Ocwen Loan Servicing, LLC can be viewed by clicking here.

2015 South Texas College of Law Mock Trial Challenge

Attorneys at Jackson & Elrod, LLP participated in the 2015 South Texas Mock Trial Challenge on March 26, 2015.  As alumni of South Texas College of Law, attorneys at Jackson & Elrod, LLP continue to give back to their alma mater through volunteering their time to judge mock trial competitions.  Recently, South Texas College of Law’s Trial Advocacy Program was ranked in the Top 10 once again by U.S. News & World Report in its annual survey of law schools.