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GREEN TREE SERVICING v. 1997 CIRCLE N RANCH

No. 03-09-00258-CV.

325 S.W.3d 869 (2010)

GREEN TREE SERVICING, LLC, Appellant, v. 1997 CIRCLE N RANCH LIMITED, Appellee.

Court of Appeals of Texas, Austin.

November 18, 2010.

Attorney(s) appearing for the Case

Richard A. McKinney , Higier, Allen & Lautin, P.C., Addison, TX, for appellant.

W.W. McNeal, III , McNeal, Garner & Lippe, P.L.L.C., Lockhart, TX, for appellee.

Before Chief Justice JONES, Justices PURYEAR and PEMBERTON.

OPINION

BOB PEMBERTON, Justice.

The principal issue presented in this appeal is whether subchapter I of finance code chapter 347 creates a cause of action whereby the owner of land leased to the owner of a manufactured home can recover unpaid rentals from a creditor of the homeowner who forecloses on the home and sells it to a third party. We conclude that subchapter I provides the landowner only a possessory lien in the manufactured home under those...

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