Lee Robin v. M & T Bank Corporation

Summary

The Texas Fourth Court of Appeals affirmed a take-nothing judgment against Lee Robin in his claims concerning M&T Bank Corporation’s handling of property-tax payments, escrow, and foreclosure. The court held that M&T’s escrow account disclosure statement effectively revoked the prior waiver of escrow under the deed of trust and that the evidence was sufficient to establish Robin’s failure to timely pay the property taxes.

Holdings

1. M & T's Annual Escrow Account Disclosure Statement constituted notice given in accordance with section 15 of the deed of trust that M & T was revoking the prior waiver of escrow. Because the relevant facts were undisputed, M & T did not fail to comply with the deed of trust as a matter of law.
2. The evidence was sufficient to support the jury's finding that Robin failed to comply with the deed of trust because he did not pay the property taxes when payable.

Questions Presented

1. Whether the evidence was legally insufficient to support the jury's finding that M & T failed to comply with the deed of trust.
2. Whether the evidence was sufficient to support the jury's finding that Robin failed to comply with the deed of trust by failing to pay the property taxes when payable.

Disposition

affirmed