Cruce v. Eureka Life Insurance Co. of America

I dissent. According to a 1975 holding of the Supreme Court, after a default occurs and before the lender may exercise its optional right of acceleration, the Supreme Court held in 1975 that the lender must make a prior demand for the past due installment and must also provide a prior opportunity to cure the default — both to occur before the lender may proceed to declare the entire balance due. Allen Sales & Servicenter, Inc. v. Ryan, 525 S.W.2d 863 (Tex. 1975). The decision was based upon the principles of equity. A contractual waiver, such as the one quoted in the majority opinion, cannot…