law-foreclosure | liens | home equity loans liens expedited foreclosure | lien validity | Texas homestead law |
PETITIONS DENIED BY THE TEXAS SUPREME COURT
09-0071 TERRA XXI, LTD., TERRA PARTNERS, VEIGEL FARMS, INC., ROBERT W. VEIGEL AND ELLA MARIE
VEIGEL v. AG ACCEPTANCE CORPORATION; from Deaf Smith County; 7th district
(07-06-00419-CV, 280 SW3d 414, 10-31-08)(Jurisdiction of Courts Below, foreclosure sale, right to possession,
forcible detainer)
08-0588
MICHAEL O. MURRAY AND WHITNEY W. MURRAY v. THE CADLE COMPANY; from Dallas County; 5th district
(05-06-01481-CV, 257 SW3d 291, 04-25-08)(lien priority, foreclosure, equitable subrogation)
07-0966
TERRA XXI, LTD., ET AL. v. MARK HARMON; from Deaf Smith County; 7th district
(07-06-00193-CV, ___ S.W.3d ___, 07-16-07, pet. denied May 2008) (debt, deed of trust, foreclosure,
summary judgment)
THE CADLE COMPANY AND CADLEWAY PROPERTIES, INC. v. MARY ESTER ORTIZ AND DAVID ORTIZ;
(Dissenting Opinion) from Calhoun County; 13th district (13-06-00282-CV, 227 SW3d 831, 05-17-07, pet.
denied April 2008) (wrongful foreclosue, mechanics lien, attorneys fees)
This appeal arises from a wrongful foreclosure lawsuit. Mary Ester Ortiz and David Ortiz, appellees, obtained a
judgment invalidating a lien on their homestead held by The Cadle Company and Cadleway Properties, Inc.
("Cadle"), appellants. The trial court declared a wrongful foreclosure and also awarded the Ortizes attorneys'
fees. The issues presented are (1) whether a mechanic's lien against a marital homestead is valid if the lien
documents are not signed by both spouses, and (2) whether attorneys' fees are available in a foreclosure case
wherein title ultimately depends upon a deed's construction. We hold that the mechanic's lien is invalid, and
attorneys' fees are available. Accordingly, we affirm the district court's judgment on both issues.