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Click here for the full text of this decision FACTS:Joy Burney appeals from the judgment of the trial court granting Citigroup Global Markets Realty Corp.’s motion for summary judgment. In a single issue, Burney contends the trial court erred in allowing Citigroup to proceed with the foreclosure of Burney’s property, because the statute of limitations for such action had run. HOLDING:Reversed and rendered. Burney and Citigroup agree that an October 18, 1999, letter from Norwest Bank to Burney constituted notice of intent to accelerate the note. They disagree, however, as to notice of acceleration. Burney contends that Norwest Bank provided notice of acceleration when it filed the expedited application for foreclosure on April 5, 2000. Citigroup counters that document failed to provide the requisite unequivocal notice of acceleration. Instead, Citigroup contends that it first provided the notice of acceleration on Nov. 15, 2004, when it filed its home equity foreclosure application. Two cases involving nonjudicial foreclosures hold that a notice of a trustee’s sale is sufficient to constitute notice of acceleration if preceded by the required notice of intent to accelerate: the Fort Worth Court of Appeals’ 1998 decision in Meadowbrook Gardens Ltd. v. WMFMT Real Estate Ltd. Partnership and the Texarkana Court of Appeals’ 1994 decision in McLemore v. Pacific Southwest Bank. The court holds that notice of filing an expedited application for foreclosure after the requisite notice of intent to accelerate is sufficient to constitute notice of acceleration. Burney acknowledged that she received both the Oct. 19, 1999, letter and notice of the filing of Norwest Bank’s application for expedited foreclosure in the mail. The October letter constituted notice of intent to accelerate. Notice of the filing of the April 5, 2000, application for expedited foreclosure constituted notice of acceleration. Thus, the payment of the loan amount was accelerated on April 5, 2000, thereby triggering the running of the four-year statute of limitations. Accordingly, the application for expedited foreclosure filed by Citigroup on Nov. 15, 2004, was outside of the limitations period. OPINION:Wright, J.; Whittington, Wright and FitzGerald, JJ.

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