The brand new Judge considers basic the fresh infraction regarding contract claim. Sun and rain off a breach of price allege below Tx https://paydayloanalabama.com/killen/ rules are: (1) the current presence of a legitimate offer; (2) results by the plaintiff; (3) infraction of your own price by accused; and you will (4) injuries sustained by new plaintiff as a result of the violation. Valero Mktg. & Supply Co. v. Kalama Int’l, 51 S.W.3d 345, 351 (Tex. App.-Houston [1st Dist.] 2001). To have their particular infraction regarding price claim, Trafton claims your defendants “broken this new fine print of your Homestead Security Mortgage by the recharging a rate of interest more than this new cost decided from the Plaintiff Nancy.” (Dkt. Zero. 1, Display 1). Ergo, it is not obvious exactly what contract Trafton alleges she got that have Ditech. However, if in case discover an agreement among them, Trafton doesn’t point out just what portions of your deal Ditech broken or the way it breached they. Also, absolutely nothing inside the Trafton’s petition alleges that Trafton keeps performed below people such as for instance offer. Trafton keeps hence failed to plead at least a couple of elements of a violation from contract allege, and her breach regarding package claim does not condition a declare.
Trafton’s next reason for step alleges there is a new relationship ranging from Trafton and you may Ditech. Then, Trafton’s declare that a home collateral brings good “special matchmaking” significantly less than Texas legislation is inconsistent which have paid precedent, that provides that there’s “no unique matchmaking between an excellent mortgagor and you will mortgagee” providing you with go up so you can a stay-alone duty of good faith and fair coping.