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Texas Supreme Court Holds That Contractual Clauses That Waive The Statute Of Limitations May Be Enforceable

In Godoy v. Wells Fargo Bank, N.A., a bank sued a guarantor to recover on a deficiency following a foreclosure sale. No. 18-0071, 2019 Tex. LEXIS 443 (Tex. May 10, 2019)....more

6/19/2019 / Contract Terms , Contract Waiver , Deficiency Judgments , Foreclosure , Guarantors , Loan Documentation , Mortgage Lenders , Statute of Limitations , Trustees , TX Supreme Court

Court Holds That Lender Did Not Have Standing To Sue An Estate For A Deficiency After Electing That Its Claim Is A Preferred Debt...

In In re Estate of Chapman, Peoples Bank (the Bank) conducted a non-judicial foreclosure sale of secured real estate owned by an estate and then sued the administrator of the estate in district court due to a deficiency...more

12/13/2017 / Creditors , Deficiency Judgments , Estate Claims , Non-Judicial Foreclosures , Priority Debt , Probate , Secured Debt , Standing

Court Upheld A Waiver Of Property Code Rights And Affirmed A Deficiency Judgment Based On The Foreclosure Price

In New Millennium Homes, Inc. v. Texas Community Bank, NA, a debtor appealed a summary judgment granted to a lender based on a deficiency claim. No. 09-12-00073-CV, 2013 Tex. App. LEXIS 1598 (Tex. App.—Beaumont February 21,...more

5/14/2013 / Deficiency Judgments , Fair Market Value , Foreclosure , Lenders , Mortgages , Waivers

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