Edwards v. Holleman

The issue we address in this case is whether provisions of a note and deed of trust require the borrower to pay the reasonable fees and expenses of a trustee incurred by the lender in enforcing payment of the note if the deed of trust hen is not foreclosed. A divided court of appeals held that the lender was not entitled to recover such fees and expenses. 842 S.W.2d 704. We disagree.

Stephen Olin Holleman defaulted on his obligation to repay a promissory note secured by a deed of trust on his home, and the lender, Galveston Savings and Loan Association, gave notice of its intent to foreclose…