Church of Life v. Elder

DIES, Chief Justice.

Curtis L. Mason and wife gave a promissory note to a Hempstead bank, in exchange for a loan, secured by a first lien on property in Waller County. This lien was subsequently transferred to Steve Elder, appellee herein.

Thereafter the Masons borrowed money from appellant Church of Life, giving it a promissory note and a second lien on the same property.

The Masons were in default on both notes, and in January 1976 Elder’s trustee foreclosed, and Elder purchased the property at the sale. The Church of Life was not represented at the sale. So, its second lien was extinguished.…