Mays v. Bank One, N.A.

OPINION

Opinion by

Justice LANG.

William Mays appeals a summary judgment rendered against him, and in favor of Bank One, on Bank One’s promissory note and guaranty claims. In one issue, Mays contends that the trial court erred in granting the motion for summary judgment since material issues of fact exist. Specifically, Mays argues he is entitled to a determination by the trial court of the fair market value of real property securing the promissory note debt, pursuant to Texas Property Code section 51.005. This analysis is complicated by the fact that Bank One did not foreclose on its lien on…