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Romo v. Payne

Edward Alexander Romo appeals from a judgment enjoining certain conduct and requiring him to pay restitution, civil penalties and attorney's fees for violating the Texas Mortgage Broker License Act and the Texas Deceptive Trade Practices Act (DTPA). Because licenses were not required for loan officers who were sponsored by and acting for a licensed mortgage broker during the period relevant to this suit, neither Melisa Simpson nor Alin Blanchet needed a license. The trial court's judgment is reversed and rendered to the extent that it states that Romo violated the broker act and the DTPA by employing unlicensed loan officers. In all other respects, the judgment is affirmed. El Paso Court of Appeals, No. 08-08-00043-CV, 02-09-2011

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OPINION

Edward Alexander Romo (“Romo”) appeals from a judgment enjoining certain conduct and requiring him to pay restitution, civil penalties, and attorney’s fees for violating the Texas Mortgage Broker License Act (the “Broker Act”) and the Texas Deceptive Trade Practices Act (“DTPA”). We reverse in part and affirm in part.

Romo is a licensed mortgage broker who operated several businesses in El Paso. Romo’s businesses focused on obtaining refinancing for homeowners facing foreclosure. In May 2004, the State of Texas and the Commissioner of the Texas Department of Savings and Mortgage Lending (collectively “the State”) sued Romo, alleging that he violated the Broker Act and the DTPA.

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