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Athey v. Mortgage Electronic Registration Systems, Inc.

Appellants' evidence does not establish the trickery, artifice or device necessary to void a promissory note. The oral representation upon which they rely is directly, clearly and conspicuously contradicted by the note's heading and introductory paragraph. The appellate court does not hold that a fraudulent inducement cause of action can never lie merely because the operative oral representation is contradicted by a provision within the contract. But in this instance, appellants could not reasonably rely upon an oral representation that was so plainly contradicted. The trial court did not err by granting appellee's motion for summary judgment. Issue One is overruled. Eastland Court of Appeals, No. 11-09-00224-CV, 04-22-2010

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OPINION

Ray Athey, a/k/a Ray D. Athey and Belinda Athey sued Mortgage Electronic Registration Systems, Inc. ( MERS) as Nominee for Lender, Its Successors and assigns, for fraud in connection with a home equity loan. MERS filed a motion for summary judgment. The trial court granted that motion and found that the Atheys were in default on a promissory note, that MERS was the beneficiary of a deed of trust securing their note, and that MERS was entitled to proceed with non-judicial foreclosure. We affirm.

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