Texas Wesleyan Law Review
This comment examines the cure provision of the Texas usury statute and discusses its effect on a plaintiff's recovery for common law usury. Part I discusses the historical background of usury laws and Texas usury statutes. Part II explains that the Texas Supreme Court has adjudicated common law and statutory usury actions and has concluded that Texas courts may allow both actions independently. Part III examines the new statutory cure provision. Part IV analyzes the questions that arise in applying the statutory usury cure remedy. Finally, the author concludes the statutory cure provision should not apply to a common law usury cause of action.
Cindy T. Beal,
Recent Changes in the Texas Usury Statutes - Do They Affect Common Law Usury Claims?,
Tex. Wesleyan L. Rev.
Available at: https://doi.org/10.37419/TWLR.V3.I2.5