TRUNKHILL CAPITAL, INC. v. JANSMA

No. 10-95-003-CV.

905 S.W.2d 464 (1995)

TRUNKHILL CAPITAL, INC., d/b/a Equitable Solutions, Appellant, v. David G. JANSMA and Randolph H. Wieser, Appellees.

Court of Appeals of Texas, Waco.

August 31, 1995.


Attorney(s) appearing for the Case

Billy D. Hullum, Fort Worth, for appellant.

J. David Dickson, Sheehy, Lovelace, & Mayfield, P.C., Waco, for appellees.

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


OPINION

THOMAS, Chief Justice.

Section 51.003(a) of the Texas Property Code provides that, if real property is sold at a foreclosure sale for a price less than the unpaid balance of the indebtedness securing it, "any action brought to recover the deficiency must be brought within two years of the foreclosure sale and is governed by this section." Tex.Prop.Code Ann. § 51.003(a) (Vernon 1995). The primary question presented in this appeal is whether section...

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