Reyes v. Credit Based Asset Servicing & Securitization Ex Rel. Pledged Property II LLC

OPINION

Opinion by

KAREN ANGELINI, Justice.

Appellant Ismael Reyes and his wife Evangelina Reyes,2 purchased a home located at 519 Deer County, San Antonio, Texas and have been using it as their homestead. On March 25, 1999, in order to secure payment of a note, Reyes and his wife executed a Deed of Trust. Upon their default and after appropriate notice, their home was sold at a non-judicial foreclosure sale to Credit Based Asset Servicing and Securitization (“Credit Based”), who received a Substitute Trustee’s Deed as evidence of title. The Substitute Trustee’s Deed provided that upon a…