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STEPHENS v. LPP MORTGAGE, LTD.

No. 03-09-00097-CV.

316 S.W.3d 742 (2010)

Maurice STEPHENS a/k/a Maurice Wayne Stephens, Individually and as Testamentary Trustee u/w/o Jess M. Stephens, Deceased, and as Trustee of the Jess M. Stephens and Alice Abernathy Stephens Irrevocable Trust; and Lisa Price, Appellants v. LPP MORTGAGE, LTD., Appellee.

Court of Appeals of Texas, Austin.

July 1, 2010.

Attorney(s) appearing for the Case

Jeffrey S. Levinger, Brett D. Kitnick, Hankinson Levinger, L.L.P., Dallas, TX, Colton P. Johnson, Albany, TX, for appellee.

George S. Finley, Smith, Rose, Finley, P.C., San Angelo, TX, for appellant.

Before Justices PURYEAR, WALDROP and HENSON.

OPINION

G. ALAN WALDROP, Justice.

This is a case involving judicial foreclosure of a lien on real estate. Appellee LPP Mortgage, Ltd., the lienholder under the terms of a deed of trust securing payment of a promissory note, filed this suit to foreclose its lien on the real property securing the debt. LPP Mortgage filed this suit after first securing a judgment on the debt in a separate, previously filed suit and unsuccessfully attempting to collect...

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