CVN Group, Inc. v. Delgado

I dissent. The Court’s opinion in this case ignores the context of the issue presented, the consensus of most jurisdictions on how that issue should be resolved, and the significant effects the opinion will have for every Texas homeowner. The Court’s opinion permits individual parties to a dispute to contract away the trial court’s statutory authority over the property in a foreclosure proceeding, thereby ignoring the in rem nature of such proceedings and the statutes governing them. Instead of ignoring the Legislature’s direction that only a court can order foreclosure of a mechanic’s hen, I…