Sauceda v. GMAC Mortgage Corp.

OPINION

Opinion by

Chief Justice VALDEZ.

Appellants, Florencio and Margaret Sauceda (“the Saucedas”), appeal the summary judgment rendered against them and in favor of GMAC Mortgage Corporation and Federal National Mortgage Association (collectively “GMAC”). In two issues, the Saucedas contend that GMAC waived its objections to their affidavits and that the trial court erred in granting summary judgment on their wrongful foreclosure and breach of contract claims. We reverse and remand.

I. BACKGROUND

On August 8, 1995, the Saucedas purchased a home in Robstown, Texas that was secured by a $124,000…