BENCHMARK BANK v. CROWDER

No. 95-0052.

919 S.W.2d 657 (1996)

BENCHMARK BANK, Petitioner, v. Frank L. CROWDER and Marion N. Crowder, Respondents.

Supreme Court of Texas.

Decided March 7, 1996.

Rehearing Overruled May 10, 1996.


Attorney(s) appearing for the Case

G. Roland Love, Trent A. Gudgel, Dallas, for Petitioner.

Lawrence J. Fossi, Houston, Steven C. Malin, Dallas, John L. Carter, Houston, George M. Yarbrough, Jr., Dallas, for Respondents.


ENOCH, Justice, delivered the opinion of the Court.

The principal issue in this case is whether a third party may be subrogated to a federal government tax lien and thus, entitled to enforce the lien against the taxpayer's homestead. We conclude that the answer is yes, but that in selling the property through foreclosure, the third party must compensate a nondelinquent spouse for his or her interest in the homestead estate. We reverse in part and affirm in part the...

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