Gerald Joseph Bauder v. Sara Alegria

OPINION

Kem Thompson Frost, Chief Justice

A mortgagee appeals a judgment setting aside a foreclosure sale because the mortgage servicer failed.to send notice to the debtor at the proper address. The debtor challenges by cross-appeal the trial court’s failure to award attorney’s fees under the Declaratory Judgments Act. We affirm.

I. Factual and Procedural Background

Appellee/plaintiff Sara Alegría 1 purchased property at 1825 Neuman Street in La Marque, Texas, in March 2010, from appellant/defendant Gerald Joseph Bau-der 2 and Louisa Bauder. At the time of the purchase, Sara signed a promissory…