Real Estate Exchange, Inc. v. Bacci

OPINION

WARREN, Justice.

This is an appeal from an order temporarily enjoining appellants from foreclosing its lien on an apartment complex in Harris County. We reverse.

In June 1980, appellees purchased an apartment complex in Harris County and as partial payment of brokerage fees due appellants, they executed a promissory note, secured by a deed of trust on the property. The promissory note was payable in monthly installments due on the first day of each month.

Appellees’ payments on the note were seldom timely. In January 1984, the cheek for the monthly installment was returned due to…