Cook Schuhmann & Groseclose, Inc. v. Brown & Root, Inc.

OPINION ON REHEARING

EASTAUGH, Justice.

I. INTRODUCTION

The beneficiary of a second deed of trust contends that a nonjudicial foreclosure sale on the first deed of trust was not fair and reasonable and violated the controlling statutes. The trustee halted the sale and postponed it for four hours to give two prospective bidders time to obtain cash or cashier’s checks. Because this procedure was not unfair or unreasonable under the circumstances presented here, we affirm the summary judgment for Brown & Root, Inc., whose offset bid was the only bid received at the reconvened sale auction. We also…