Jim Walter Homes, Inc. v. Gibbens

In Jim Walter Homes, Inc. v. Gibbens, 608 S.W.2d 706, 711 (Tex. App.--San Antonio 1980, writ ref'd n.r.e.), the court held that a "cure provision" added to the Texas Consumer Credit Code by amendment in 1977 was "remedial and curative in nature," and should be applied retroactively to allow a creditor to cure a violation of the code that occurred prior to the amendment. The cure provision at issue in Jim Walter Homes stated: "A person has no liability to an obligor for a violation of this Subtitle or of Chapter 14 of this Title if within 60 days after having actually discovered such violation such person corrects such violation as to such obligor by performing the required duty or act or by refunding any amount in excess of that authorized by law." Tex. Rev. Civ. Stat. Ann. art. 5069-8.01(c)(1) (West 1987) (repealed 1997). The court noted that statutory amendments are not ordinarily applied retroactively, but stated that the amendment, being remedial and curative in nature, should be "liberally construed to accomplish its purpose of remedying the problem under the old law." Jim Walter Homes, 608 S.W.2d at 711. The court held that where the appellant's cure action took place after the amendment's effective date, the appellant successfully cured its violation of the consumer credit code, even though the transaction at issue was entered into before the cure provision was enacted. Id. at 710-11.