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De LA Cruz v. The Bank of New York, et al

Motion to Dismiss for Failure to State a Claim

13 Cited authorities

  1. Holy Cross Church of God in Christ v. Wolf

    44 S.W.3d 562 (Tex. 2001)   Cited 628 times   1 Legal Analyses
    Holding that notices of acceleration much be "clear and unequivocal"

  2. Bocanegra v. Aetna Life Ins. Co.

    605 S.W.2d 848 (Tex. 1980)   Cited 145 times
    Holding election-of-remedies doctrine prevents pursuit of inconsistent rights or remedies when result would be manifest injustice

  3. Stevens v. State Farm Fire & Casualty Co.

    929 S.W.2d 665 (Tex. App. 1996)   Cited 53 times
    Concluding that the limitations period began on the date of demand

  4. City of Glenn Heights v. Sheffield Development Co.

    55 S.W.3d 158 (Tex. App. 2001)   Cited 27 times
    Concluding that doctrine applied and prevented subsequent suit where Sheffield was awarded damages in first suit alleging that ordinance constituted impermissible taking of his property and where in second suit Sheffield later alleged that ordinance had no effect on him

  5. Moran v. Ocwen Loan Servicing, L.L.C.

    560 F. App'x 277 (5th Cir. 2014)   Cited 11 times
    Rejecting the plaintiffs' argument "that Priester is not controlling because it is incorrect," because under the rule of orderliness, the court had "no occasion to revisit Priester"

  6. In re Phillips

    124 B.R. 712 (Bankr. W.D. Tex. 1991)   Cited 32 times
    Holding waiver of right to non-judicial foreclosure merges with final judgment and is binding on parties under principles of res judicata

  7. Ætna Casualty & Surety Co. v. State ex rel. City of Dallas

    86 S.W.2d 826 (Tex. Civ. App. 1935)   Cited 21 times

    No. 13188. July 12, 1935. Rehearing Granted September 6, 1935. Further Rehearing Denied October 4, 1935. Appeal from District Court, Denton County; B. W. Boyd, Judge. Suit by the State of Texas, for the Use and Benefit of the City of Dallas, against the Ætna Casualty Surety Company and others. From a judgment in favor of the plaintiff against the named defendant, the named defendant appeals. Affirmed in part and reversed and rendered in part. Harry P. Lawther, of Dallas, for appellant. H. P. Kucera

  8. Gandy v. Cameron State Bank

    2 S.W.2d 971 (Tex. Civ. App. 1928)   Cited 23 times

    No. 7150. November 16, 1927. Rehearing Denied January 25, 1928. Appeal from District Court, Milam County; E. M. Dodson, Special Judge. Action of trespass to try title by the Cameron State Bank against Mrs. Elizabeth Gandy and another. Judgment for plaintiff, and defendants appeal. Reversed and rendered. Leslie C. Merrem, of Yoakum, and E. A. Wallace, of Cameron, for appellants. W. A. Morrison, of Cameron, for appellee. McCLENDON, C.J. Appeal by Mrs. Elizabeth Gandy and the Southern Memorial Company

  9. Nolan County v. Yarbrough

    34 S.W.2d 302 (Tex. Civ. App. 1931)   Cited 4 times

    No. 2477. December 18, 1930. Rehearing Denied January 15, 1931. Appeal from District Court, Nolan County; Fritz R. Smith, Judge. Action by Jack Yarbrough against Nolan County. From a judgment for plaintiff, defendant appeals. Reversed and remanded. George Outlaw, Co. Atty., and Hamner Ponder, all of Sweetwater, for appellant. T. V. Woodruff, of Sweetwater, for appellee. PELPHREY, C.J. Appellee sued appellant for the sum of $2,437.35, alleged to be due him from Nolan county for the safe-keeping of

  10. Section 16.035 - Lien on Real Property

    Tex. Civ. Prac. & Rem. Code § 16.035   Cited 352 times   2 Legal Analyses
    Requiring only a "suit for . . . the foreclosure of a real property lien"

  11. Rule 736 - Expedited Order Proceeding

    Tex. R. Civ. P. 736   Cited 231 times

    736.1. Application (a)Where Filed. An application for an expedited order allowing the foreclosure of a lien listed in Rule 735 to proceed must be filed in a county where all or part of the real property encumbered by the loan agreement, contract, or lien sought to be foreclosed is located or in a probate court with jurisdiction over proceedings involving the property. (b)Style. An application must be styled "In re: Order for Foreclosure Concerning [state: property's mailing address] under Tex. R

  12. Rule 735 - Foreclosures Requiring a Court Order

    Tex. R. Civ. P. 735   Cited 65 times

    735.1. Liens Affected Rule 736 provides the procedure for obtaining a court order, when required, to allow foreclosure of a lien containing a power of sale in the security instrument, dedicatory instrument, or declaration creating the lien, including a lien securing any of the following: (a) a home equity loan, reverse mortgage, or home equity line of credit under article XVI, sections 50(a)(6), 50(k), and 50(t) of the Texas Constitution; (b) a tax lien transfer or property tax loan under sections

  13. Rule 309 - In Foreclosure Proceedings

    Tex. R. Civ. P. 309   Cited 50 times

    Judgments for the foreclosure of mortgages and other liens shall be that the plaintiff recover his debt, damages and costs, with a foreclosure of the plaintiff's lien on the property subject thereto, and, except in judgments against executors, administrators and guardians, that an order of sale shall issue to any sheriff or any constable within the State of Texas, directing him to seize and sell the same as under execution, in satisfaction of the judgment; and, if the property cannot be found, or