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REYES v. CREDIT BASED ASSET SERVICING

No. 04-05-00201-CV.

190 S.W.3d 736 (2005)

Ismael REYES, Appellant, v. CREDIT BASED ASSET SERVICING AND SECURITIZATION, by and through its Successor in Interest, Pledged Property II LLC, Appellee.

Court of Appeals of Texas, San Antonio.

December 14, 2005.

Attorney(s) appearing for the Case

Thomas D. Bracey, Law Office of Thomas D. Bracey, San Antonio, for appellant.

Jeffrey A. Hiller, Martin & Cukjati, L.L.P., San Antonio, for appellee.

Sitting: SARAH B. DUNCAN, Justice, KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice.

OPINION

Opinion by KAREN ANGELINI, Justice.

Appellant Ismael Reyes and his wife Evangelina Reyes,2 purchased a home located at 519 Deer County, San Antonio, Texas and have been using it as their homestead. On March 25, 1999, in order to secure payment of a note, Reyes and his wife executed a Deed of Trust. Upon their default and after appropriate notice, their home was sold at...

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