Donald W. Sowell v. International Interests, LP

OPINION

KEM THOMPSON FROST, Justice.

In this case we address an issue of apparent first impression in Texas: whether an action brought against a guarantor of payment to recover a deficiency after a non-judicial foreclosure is barred by the four-year statute of limitations in section 16.004 of the Texas Practices and Remedies Code if the action is filed more than four years after the claim on the guaranty accrued but less than two years after the foreclosure sale. We conclude that, under section 51.003(a) of the Texas Property Code, such an action is not barred by the statute of limitations. On…