SPRINGWOODS SHOP. CTR. v. UNIV. SAV. ASS'N

No. 18147.

635 S.W.2d 440 (1982)

SPRINGWOODS SHOPPING CENTER, INC. and Truitt V. Lively, Appellants, v. UNIVERSITY SAVINGS ASSOCIATION, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

April 15, 1982.


Attorney(s) appearing for the Case

Pope & Waits, Edward W. Engel, Houston, for appellants.

Walsh, Squires, Thompkins & McCullough, F. Witcher McCullough, III, Hicks, Hirsch, Glover & Robinson, Jay D. Hirsch, Houston, for appellee.

Before PRICE, DUGGAN and WARREN, JJ.


WARREN, Justice.

This is a suit for wrongful foreclosure; the trial court granted a summary judgment decreeing that appellants take nothing.

The principal question is this: Does the mortgagor, in default because of payment delinquencies, have an action against the mortgagee for wrongful foreclosure if the property is sold by a substitute trustee who has not complied with the requirements of the deed of trust pertaining to his qualifying as substitute trustee...

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