Harwath v. Hudson

STEPHENS, Justice.

The trial court granted plaintiff summary judgment, denying defendant’s counterclaim for damages for wrongful foreclosure of realty under a deed of trust. The trial court erred by concluding that a foreclosure sale was valid although the Substitute Trustee did not comply with the notice provisions of the deed of trust. Consequently, we reverse and remand.

Anthony J. Harwath was the owner of a 200-acre tract located in Dallas County which he conveyed in trust to secure two non-personal liability promissory notes, with an unpaid balance in excess of $800,-000.00, owed W.H.…