Fenimore v. Gonzales County Savings & Loan Ass'n

OPINION

TIJERINA, Justice.

This case involves a suit to set aside foreclosure sales of certain property by virtue of defaulted real estate lien notes. Appellants, plaintiffs below, alternatively sought to recover money damages as a result of the allegedly wrongful foreclosures. Trial was to the court, which rendered a take-nothing judgment sustaining the foreclosure sales.

The disputed foreclosure sales were based on four notes and deeds of trust executed by Miladie Fraser in favor of appellee. All of the notes in question contain acceleration clauses upon default in payment. In their first two…