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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