Foreclosures

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.

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.

AFFIRMED for Deutsche Bank.

Panel consisted of: Justices Partida-Kipness, Pedersen, and Carlyle – Opinion by Justice Pedersen

In The Court of Appeals Fifth District of Texas at Dallas Opinion

Jack O’Boyle & Associates (‘JOA’) is a full service law firm meeting the legal needs of the default servicing industry. As a boutique firm we are able to provide both top quality and highly personalized service to our clients.

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Laws In Texas is a blog about the Financial Crisis and how the banks and government are colluding against the citizens and homeowners of the State of Texas and relying on a system of #FakeDocs and post-crisis legal precedents, specially created by the Court of Appeals for the Fifth Circuit to foreclose on homeowners around this great State. We are not lawyers. We do not offer legal advice. We are citizens of the State of Texas who have spent a decade in the court system in Texas and have been party to during this period to the good, the bad and the very ugly.

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