Legal Opinion
LSREF2 Cobalt (TX), LLC v. 410 Centre, LLC, and John B. Urbahns
Texas Court of Appeals, 4th District (San Antonio)
Decided July 6, 2016No. 04-15-00633-CVPublishedCited by 3 opinions
1Opinion of the Court
OPINION
Opinion by:
Karen Angelini, Justice
LSREF2 Cobalt (TX), LLC sued 410 Centre LLC and John B. Urbahns to recover a deficiency on a note following a foreclosure sale. The matter was tried to the court. The trial court applied the fair market value offset under Section 51.003 of the Texas Property Code to extinguish the deficiency and rendered a take-nothing judgment on Cobalt’s claims. We conclude the trial court erred in applying the offset. We further conclude Cobalt conclusively proved the elements of its claims. We, therefore, reverse and remand to the trial court for entry of judgment.
B…
2Cases cited10 opinions
- T.O. Stanley Boot Co. v. Bank of El PasoTexas Supreme Court · 1993
- DeWitt County Electric Cooperative, Inc. v. ParksTexas Supreme Court · 1999
- Mirta Zorrilla v. Aypco Construction II, LLC and Jose Luis MunozTexas Supreme Court · 2015
- Houston Exploration Co. v. Wellington Underwriting Agencies, Ltd.Texas Supreme Court · 2011
- Mehrdad Moayedi v. Interstate 35/chisam Road, L.P. and Malachi Development CorporationTexas Supreme Court · 2014
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3Cited by3 opinions
- Maria Socorro Estrada, Individually and on Behalf of the Estate of Cesar Estrada Rangel, and as Next of Friend to C.E., Jr., Y.E. and N.E., Minors Juliana Meza on Behalf of the Estate of Leo Marin and as Next Friend to E.I.M., a Minor Amanda M. Estrada as Next Friend to J.O.H.P., a Minor And Damian Michael Estrada v. 12291 CBW, LLC D/B/A Temptations Cabaret, Inc. RCI Hospitality Holdings, Inc. And RCI Holdings, Inc., Texas Court of Appeals, 2nd District (Fort Worth)2021
- Maria Socorro Estrada, Individually and on Behalf of the Estate of Cesar Estrada Rangel, and as Next of Friend to C.E., Jr., Y.E. and N.E., Minors Juliana Meza on Behalf of the Estate of Leo Marin and as Next Friend to E.I.M., a Minor Amanda M. Estrada as Next Friend to J.O.H.P., a Minor And Damian Michael Estrada v. 12291 CBW, LLC D/B/A Temptations Cabaret, Inc. RCI Hospitality Holdings, Inc. And RCI Holdings, Inc., Texas Court of Appeals, 2nd District (Fort Worth)2021
- Sunset Estates, L.P., Sunset Operating G.P., L.L.C., NuCityGroup.com, L.L.C., William v. Rogers, and Ronald J. Marks v. Asset Lending, L.L.C., Texas Court of Appeals, 14th District (Houston)2018