TARTER v. METROPOLITAN SAV. & LOAN ASS'N

No. C-6524.

744 S.W.2d 926 (1988)

Jack D. TARTER et ux., Petitioners, v. METROPOLITAN SAVINGS & LOAN ASSOCIATION, Respondent.

Supreme Court of Texas.

Rehearing Denied March 11, 1988.


Attorney(s) appearing for the Case

Kenneth L. King, Bruce Claycombe, Richard E. McGary, Jones, Claycombe & King, Dallas, for petitioners.

Thomas L. Case and Cynthia J. MaHowald, St. Claire & Case, Dallas, for respondent.


SPEARS, Justice.

This cause concerns the extent to which the doctrine of collateral estoppel bars claims arising from an alleged wrongful foreclosure. Respondent Metropolitan Savings and Loan Association (Metropolitan) was the holder of a note and first lien deed of trust on the home of Petitioners Jack and Margaret Tarter. The Tarters fell into arrears on the note, and Metropolitan notified them of its intent to foreclose. Before the Tarters could reinstate the loan...

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