Marketic v. U.S. Bank National Assoc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that consumer standing is “an essential element of a DTPA cause of action”
• dismissing statutory fraud claim between mortgagor and a mortgagee since agreement did not involve a sale or transfer or real estate
• rejecting borrower’s argument that DTPA consumer status was not required to assert TDCPA tie-in claim to DTPA, court explained borrower “fail[ed] to recognize that TEX. BUS. & COM. CODE § 17.50(h
• “It is well established that a cause of action for statutory fraud does not arise from a transaction between a mortgagor and a mortgagee because such a transaction does not involve the sale or transfer of real estate from one party to another.”
• “It is well established that a cause of action for statutory fraud does not arise from a transaction between a mortgagor and a mortgagee because such a transaction does not involve the sale or transfer of real estate from one party to another.”

Source: CourtListener parenthetical corpus (CC0).