LESTER v. FIRST AMERICAN BANK

No. 10-92-283-CV.

866 S.W.2d 361 (1993)

Jack W. LESTER, Jr., Appellant, v. FIRST AMERICAN BANK, BRYAN, TEXAS, Appellee.

Court of Appeals of Texas, Waco.

November 30, 1993.


Attorney(s) appearing for the Case

A.W. Davis & Vaughan E. Waters, Davis & Davis, Bryan, for appellant.

Bill Payne & H. Clint Milner, Thornton, Payne, Watson & Kling, P.C., Bryan, for appellee.

Before THOMAS, C.J., and CUMMINGS and VANCE, JJ.


OPINION

THOMAS, Chief Justice.

Section 51.003 of the Texas Property Code provides that the defendant in a suit for a deficiency judgment following a non-judicial foreclosure can request the court to determine whether the property's fair market value at the date of foreclosure exceeded its sales price at the foreclosure sale. TEX.PROP. CODE ANN. § 51.003(b) (Vernon Supp.1993). If the court determines that its fair market value exceeded what it sold for...

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