Weaver v. Southwest National Bank

Southwest National Bank brought suit against Owen and Johnnie Weaver to recover a deficiency judgment following the nonjudicial foreclosure sale of two four-plexes. The Weavers counterclaimed, alleging breach of contract, fraud, negligence, breach of fiduciary duty, and violations of the Texas Deceptive Trade Practices Act by the bank. Trial was before a jury, which found that $113,526.46 was still owed to the bank. The jury also found that Southwest had materially breached its obligations under the notes, renewals, and deeds of trust; that Southwest failed to act in good faith; and that…