The trial court rendered judgment determining that a promissory note had been accelerated and that the holder was entitled to foreclose the deed of trust lien. The deed of trust -- executed on the same day as the note -- creates a reasonable doubt as to whether the parties clearly and unequivocally intended to waive notice of default and time to cure, which amounts to notice of intent to accelerate. The trial court's judgment is reversed and remanded. El Paso Court of Appeals, No. 08-10-00310-CV, 10-10-2012.
Mathis v. DCR Mortgage III Sub I L.L.C.
Tex. App. Dist. 8
October 11, 2012