Deutsche Bank Forcible Detainer Action Affirmed at Fifth Circuit in Dallas, Texas

We must reject Smith’s arguments that are based upon her allegation that she did not receive notice of the foreclosure sale. She correctly argues that a foreclosure sale may be set aside if the creditor fails to provide the notice required by statute. Mills v. Haggard, 58 S.W.3d 164, 167 (Tex. App.—Waco 2001, no pet.). However, any challenge to the sale of property under a deed of trust must be brought in a separate suit in which title issues can be determined, not in an action for forcible detainer. Williams, 315 S.W.3d at 927.