Lisle Patton & Barrett Daffin Frappier Turner & Engel v. Collin D. Porterfield

OPINION

Opinion by Justice LANG.

In this case, we address, a question of law as to how cash proceeds from the foreclosure of a purchase money deed of trust on a homestead should be distributed by a deed of trust substitute trustee as between the senior lienholder, a junior, home equity lienholder, and the homeowner. In so doing, we consider the constitutional and common law arguments raised by appellee Collin D. Porterfield in the trial court regarding his claim the substitute trustee under the purchase money deed of trust should have paid some of the cash proceeds from the foreclosure to…