Norwood Homes, Inc. v. Marburger

WALTER, Justice.

Norwood Homes sued L. L. Marburger, Jr. and wife for a deficiency judgment after foreclosure under a deed of trust. Summary j'udgment was rendered for the defendants and the plaintiffs have appealed. They contend the court erred in rendering summary j'udgment and holding as a matter of law that no cause of action existed for the unpaid balance on the note after the foreclosure.

Appellant alleged there was a balance of $18,939.08 owing on the note at the time of foreclosure under the deed of trust, that the property was sold for $12,650.00, and, after the expenses of sale were…