Legal Opinion

Associates Home Equity Services Co. v. Hunt

Texas Court of Appeals, 9th District (Beaumont)

Decided November 4, 2004No. 09-03-515 CVPublished

1Dissent 1

REVERSED AND REMANDED.

2Dissent · BurgessDon Burgess, Justice

I respectfully dissent. Wfliat the majority has done is judicially create an exception to the long standing rule that the foreclosure of a superior lien1 extinguishes all inferior liens2 claiming the rule should not apply in the redemption arena. Wfliile *563not exactly on point, a case where redemption was a factor, but not the issue, Murphee Property Holdings, Ltd. v. Sunbelt Savings Ass’n of Texas, 817 S.W.2d 850, 851 (Tex.App.-Houston [1st Dist.] 1991) in its factual set-up acknowledged the long standing rule:3

On October 21, 1986, Mission Bend Municipal Utility District…

3Cases cited9 opinions

  1. Diversified Mortgage Investors v. Lloyd D. Blaylock General Contractor, Inc.Texas Supreme Court · 1978
  2. Irving Lumber Company v. Alltex Mortgage CompanyTexas Supreme Court · 1971
  3. Coakley v. ReisingTexas Supreme Court · 1968
  4. Dec Ball v. CarrollCourt of Appeals of Texas · 1906
  5. Murphee Property Holdings, Ltd. v. Sunbelt Savings Ass'n of Texas, Texas Court of Appeals, 1st District (Houston)1991

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API