Stanley v. CitiFinancial Mortg. Co., Inc.

I respectfully dissent. The Property Code requires that the holder of the debt serve the debtor with written notice by certified mail that the debtor is in default under the deed of trust on real property used as his residence. See Tex. Prop.Code Ann. § 51.002(d) (Vernon 1995). The statutory notice requirement is not waiveable by agreement. Id. The holder of the debt is also required to give written notice to each debtor of the sale of the property by certified mail. Tex. Prop.Code Ann. § 51.002(b)(3) (Vernon 1995).

Service by certified mail of the required notices is complete when notice is…