Shearer v. Allied Live Oak Bank

OPINION

NYE, Chief Justice.

This is a declaratory judgment case. The trial court determined that plaintiff Allied Live Oak Bank’s deed of trust was valid and created a valid lien on certain real property; that Titus Shearer and wife Ma-tha Ruth Shearer’s debt secured by the deed of trust was valid, not paid, and not extinguished; but that the foreclosure sale of the real property subject to the deed of trust was void because of improper notice. The trial court further found that the Shearers’ claim of homestead was in vain and ordered that the Shearers take nothing by way of their cross-action…