Texas Commercial Law Firm

c. Waiver of errors. It is possible for parties entitled to notice to waive their rights to notice already given but not received. Zeller v. University Savings Association, 580 S.W.2d 658 (Tex. Civ. App.--Houston 1979, no writ). d. Date of mailing. Courts consider notice given on the date it is deposited in the mail with correct postage, not when it is received by borrower. Valley v. Patterson, 614 S.W.2d 867 (Tex. Civ. App.--Corpus Christi 1981, no writ). e. Adequacy of notice. It is immaterial that the 21st day of notice may fall on a holiday. Stewart v. Stewart, 357 S.W.2d 492 (Tex. Civ. App.--Texarkana 1962, no writ).

f. Inferior lienholder. As a general rule, Texas imposes no duty on a superior lienholder to provide notice of foreclosure to a junior lienholder. An exception to this general rule is where the junior lienholder has an agreement with the lender to receive notice or the junior lienholder is obligated on the debt. A foreclosure sale may be set aside, however, where the superior lienholder conspires with the borrower to prevent the junior lienholder from discovering the foreclosure sale. Chandler v. Orgain, 302 S.W.2d 953 (Tex. Civ. App.--Fort Worth 1957, no writ).

Next Page>>> | Previous Page>>>