Associates Home Equity Services Co. v. Hunt
Texas Court of Appeals, 9th District (Beaumont)
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
- Diversified Mortgage Investors v. Lloyd D. Blaylock General Contractor, Inc.Texas Supreme Court · 1978
- Irving Lumber Company v. Alltex Mortgage CompanyTexas Supreme Court · 1971
- Coakley v. ReisingTexas Supreme Court · 1968
- Dec Ball v. CarrollCourt of Appeals of Texas · 1906
- Murphee Property Holdings, Ltd. v. Sunbelt Savings Ass'n of Texas, Texas Court of Appeals, 1st District (Houston)1991
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