GREENBERG v. ROYAL COMMERCE BANK NAT. ASS'N

No. 5250.

577 S.W.2d 576 (1979)

Daniel Martin GREENBERG et al., Appellants, v. ROYAL COMMERCE BANK NATIONAL ASSOCIATION, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied March 8, 1979.


Attorney(s) appearing for the Case

Michael Greenberg, Irving, for appellants.

Donald R. Rector, Smith & Rector, Dallas, for appellee.


McCLOUD, Chief Justice.

The controlling issue in this summary judgment case is whether a deed of trust promissory note providing for interest at a rate of less than ten percent per annum and secured by a secondary deed of trust on a homestead is governed by Tex.Rev.Civ.Stat. Ann. art. 5069-1.01 et seq., or Tex.Rev.Civ. Stat.Ann. art. 5069-5.01 et seq.

On August 19, 1977, plaintiffs, Daniel Martin Greenberg and wife, Sandra Kay Greenberg, executed a deed of...

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