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Home Loan Corp. v. JPMorgan Chase Bank, N.A.

Because appellant breached the contract and waived its affirmative defense of waiver or excuse, the trial court properly granted summary judgment in favor of appellee. Furthermore, the trial court's order granting summary judgment does not specify why it found the summary judgment meritorious; therefore, the court must affirm the summary judgment if any of the theories appellee presented to the trial court and preserved on appeal are meritorious. Houston's 14th Court of Appeals, No. 14-09-00119-CV, 05-03-2010

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Affirmed and Opinion filed April 29, 2010.

OPINION

Home Loan Corporation d/b/a Expanded Mortgage Credit appeals the trial court’s grant of summary judgment in favor of JPMorgan Chase Bank, N.A. On appeal, Home Loan Corporation (“HLC”) specifically contends the trial court erroneously granted summary judgment because there are genuine issues of material fact regarding whether HLC breached its contract with JPMorgan Chase Bank (“JPMorgan”), and whether HLC breached any representation, warranty, or covenant provisions in its contract with JPMorgan. Additionally, HLC argues the trial court should not have awarded JPMorgan specific performance because JPMorgan failed to meet the requirements to obtain specific performance. Finally, HLC complains JPMorgan should not have received its attorney’s fees and expenses because it failed to prove the amount received as a matter of law. We affirm.

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