Cluster 531852

But cf. Savers Federal, 888 F.2d at 1501 (plaintiffs who fail to present legal theory in opposition to summary judgment cannot “save the day” by reviving the theory in a motion to reconsider).

Sav. & Loan Ass’n v. Reetz, 888 F.2d 1497, 1501 (5th Cir. 1989) (“[E]ven a pleaded theory was waived when it was not raised in opposition to a motion for summary judgment.”), superseded by statute on other grounds, Tex. Prop.

Savs. & Loan Ass’n v. Reetz, 888 F.2d 1497, 1501 (5th Cir. 1989).

Savs. & Loan Ass’n v. Reetz, 888 F.2d 1497, 1501 (5th Cir. 1989).

Savs. & Loan Ass’n v. Reetz, 888 F.2d 1497, 1501 (5th Cir. 1989).

Savs. & Loan Ass’n v. Reetz, 888 F.2d 1497, 1501 (5th Cir. 1989).

Savs. & Loan Ass’n v. Reetz, 888 F.2d 1497, 1501 (5th Cir. 1989).

Savs. & Loan Ass’n v. Reetz, 888 F.2d 1497, 1501 (5th Cir. 1989).

Savs. & Loan Ass’n v. Reetz, 888 F.2d 1497, 1501 (5th Cir. 1989).

Savs. & Loan Ass’n v. Reetz, 888 F.2d 1497, 1501 (5th Cir. 1989).

Savs. & Loan Ass’n v. Reetz, 888 F.2d 1497, 1501 (5th Cir. 1989).

Savs. & Loan Ass’n v. Reetz, 888 F.2d 1497, 1501 (5th Cir. 1989).

Sav. & Loan Ass’n v. Reetz, 888 F.2d 1497, 1501 (5th Cir. 1989); see LeMaire v. La.

Savs. & Loan Ass’n v. Reetz, 888 F.2d 1497, 1501 (5th Cir. 1989).

Savs. & Loan Ass’n v. Reetz, 888 F.2d 1497, 1501 (5th Cir. 1989).

Savs. & Loan Ass’n v. Reetz, 888 F.2d 1497, 1501 (5th Cir. 1989).

Savs. & Loan Ass’n v. Reetz, 888 F.2d 1497, 1501 (5th Cir. 1989).

Savs. & Loan Ass’n v. Reetz, 888 F.2d 1497, 1501 (5th Cir. 1989).

Sav. & Loan Ass’n v. Reetz, 888 F.2d 1497, 1501 (5th Cir. 1989) (emphasis added) (quoting Liberles v. Cook Cty., 709 F.2d 1122 , 1126 (7th Cir. 1983)). 88 U.S. Bank Nat.

Sav. & Loan Ass’n v. Reetz, 888 F.2d 1497, 1501 (5th Cir.1989) (collecting cases).

Sav. & Loan Ass’n. v. Reetz, 888 F.2d 1497, 1501 (5th Cir.1989).

Sav. & Loan Ass’n v. Reetz, 888 F.2d 1497, 1501 (5th Cir.1989). 3 .

Ass’n v. Reetz, 888 F.2d 1497, 1501 (5th Cir.1989); Eversley v. MBank Dall,. 843 F.2d 172, 174 (5th Cir.1988). 8 . 451 U.S. 156 , 101 S.Ct. 1614 , 68 L.Ed.2d 1 (1981). 9 .

Sav. & Loan Ass’n v. Reetz, 888 F.2d 1497, 1501 (5th Cir. 1989).

Sav. & Loan Ass’n v. Reetz, 888 F.2d 1497, 1508-09 (5th Cir.1989) (finding no abuse of discretion in denying a Rule 59(e) motion that sought to raise new theories where facts were known to the movant in advance of summary judgment).

Sav. & Loan Ass’n v. Reetz, 888 F.2d 1497, 1501 (5th Cir.1989).

Savings & Loan Assoc. v. Reetz, 888 F.2d 1497, 1500 (5th Cir.1989).

Sav. & Loan Ass’n v. Reetz, 888 F.2d 1497, 1503 (5th Cir.1989) (concluding that under Texas law, in order for inadequacy of price to invalidate a trustee’s sale, “there must also be some irregularity in the foreclosure” leading to the inadequate price); Moeller v. Lien, 25 Cal.App.4th 822 , 30 Cal.Rptr.2d 777, 784 (1994) (“Where there is no irregularity in a nonjudicial foreclosure sale and the purchaser is a bona fide purchaser for value, a great disparity between the sales…

Sav. & Loan Ass'n v. Reetz, 888 F.2d 1497, 1503 (5th Cir.1989) (concluding that under Texas law, in order for inadequacy of price to invalidate a trustee's sale, "there must also be some irregularity in the foreclosure" leading to the inadequate price); Moeller v. Lien, 25 Cal.App.4th 822 , 30 Cal.Rptr.2d 777, 784 (1994) ("Where there is no irregularity in a nonjudicial foreclosure sale and the purchaser is a bona fide purchaser for value, a great disparity between the sales…

Sav. & Loan Ass’n v. Reetz, 888 F.2d 1497, 1501 (5th Cir. 1989).

Sav. & Loan Assoc. v. Reetz, 888 F.2d 1497, 1501 (5th Cir. 1989).

The Fifth Circuit has held that under Texas law, for inadequacy of consideration to invalidate the foreclosure sale, "there must also be some irregularity in the foreclosure which caused or contributed to cause the real property to be sold for a grossly inadequate price." Savers Federal Sav. & Loan Ass'n v. Reetz, 888 F.2d 1497, 1503 (5th Cir.1989). 41 The only issue on appeal before us, regarding compliance with Texas law, is whether notice of the foreclosure sale should ha…

The Fifth Circuit has held that under Texas law, for inadequacy of consideration to invalidate the foreclosure sale, “there must also be some irregularity in the foreclosure which caused or contributed to cause the real property to be sold for a grossly inadequate price.” Savers Federal Sav. & Loan Ass’n v. Reetz, 888 F.2d 1497, 1503 (5th Cir.1989).

Sav. & Loan Ass’n v. Reetz, 888 F.2d 1497, 1501 (5th Cir.1989).

Savs. & Loan Ass’n v. Reetz, 888 F.2d 1497, 1501 (5th Cir.1989) (citing cases); sources cited supra pp. 122-124.

Sav. & Loan Ass'n v. Reetz 888 F.2d 1497 1503 (5th Cir.1989) (citing Tarrant Say.

Sav. & Loan Ass’n v. Reetz, 888 F.2d 1497, 1503 (5th Cir.1989) (“We conclude under controlling and long-established Texas law that where there has previously been a valid nonjudicial deed of trust foreclosure on real property securing a debt, the amount to be credited on the debt for deficiency judgment purposes is the amount received at the foreclosure sale.”).

Sav. & Loan Ass’n v. Reetz, 888 F.2d 1497, 1507 (5th Cir.1989) (“[I]n the case of ‘real property used as the debtor’s residence,’ the debtor must ... be given ‘at least 20 days to cure the default before the entire debt is due and notice of sale is given.’ ”).

Sav. & Loan Ass'n v. Reetz , 888 F.2d 1497, 1503 (5th Cir. 1989) ("We conclude under controlling and long-established Texas law that where there has previously been a valid nonjudicial deed of trust foreclosure on real property securing a debt, the amount to be credited on the debt for deficiency judgment purposes is the amount received at the foreclosure sale.").

Sav. & Loan Ass’n v. Reetz, 888 F.2d 1497, 1502-03 (5th Cir.1989) (inadequacy of consideration received on the foreclosure sale cannot alone invalidate an otherwise valid deed of trust nonjudicial foreclosure on real estate, absent some irregularity that caused the property to be sold for a grossly inadequate price) (citations omitted). 16 No such irregularity has been pointed out, and we reject Kralj’s argument to the contrary.

Sav. & Loan Ass’n v. Reetz, 888 F.2d 1497, 1503-05 (5th Cir.1989).

Sav. & Loan Ass’n v. Reetz, 888 F.2d 1497, 1503 (5th Cir.1989); Charter Nat.

Blanton could have sought to invalidate the sale, see Savers Federal Savings & Loan Ass’n v. Reetz, 888 F.2d 1497, 1503 (5th Cir.1989), but declined to do so.

Sav. & Loan Ass’n v. Reetz, 888 F.2d 1497, 1503-05 (5th Cir.1989).

Sav. & Loan Ass’n v. Reetz, 888 F.2d 1497, 1501 (5th Cir. 1989) (“[W]e have rejected the assumption that the entire record in the case must be searched and found bereft of a genuine issue of material fact before summary judgment may be properly entered.” (internal quotations and citations omitted)).

See, e.g., Waltman v. International Paper Co., 875 F.2d 468, 473-74 (5th Cir.1989) (no abuse of discretion in denying motion for reconsideration of order granting partial summary judgment where materials relied on for reconsideration “were available to” movant “when she opposed ... [the] summary judgment motion ... and she did not give any explanation why she did not include the materials with her motion in opposition to summary judgment”); Savers Federal Sav. & Loan Ass’n v…

See Savers Federal Sav. & Loan Ass’n v. Reetz, 888 F.2d 1497 , 1501 n. 6 (5th Cir. 1989) (citation omitted).

See Savers Federal Sav. & Loan Assoc’n. v. Reetz, 888 F.2d 1497, 1501 (5th Cir.1989) (“the parties cannot ... advance new theories or raise new issues in order to secure a reversal of the lower court’s grant of summary judgment.”).

See Savers Federal Sav. & Loan Ass’n v. Reetz, 888 F.2d 1497 , 1507-08 n. 14 (5th Cir.1989) (noting that Texas real property code requires several detailed foreclosure procedures, but does not require general commercial reasonableness).

See Savers Federal Sav. & Loan Ass'n v. Reetz, 888 F.2d 1497 , 1507-08 n. 14 (5th Cir.1989) (noting that Texas real property code requires several detailed foreclosure procedures, but does not require general commercial reasonableness).