deficiency claim (Texas) · Go Syfert
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deficiency claim in Texas

36 Texas opinions name it 3 courts 1986–2022 2 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

CaseFollowedCited
Plainscapital Bank v. William Martingreen
tex · 2015 · cited in 5 Texas opinions naming this issue, 2016–2017
2 sentences

2017Martin, 459 S.W.3d at 557 .

2017Since Moayedi was decided, the supreme court has referred to the right of offset under section 51.003 as "an affirmative defense to a deficiency claim." See PlainsCapital Bank v. Martin , 459 S.W.3d 550 , 557 (Tex. 2015).

35
Freeman v. Stategreen
texcrimapp · 2003 · cited in 3 Texas opinions naming this issue, 2015–2015
2 sentences

2015See Freeman v. State, 125 S.W.3d 505, 506-07 (Tex. Crim.

2015See Freeman v. State, 125 S.W.3d 505, 506-07 (Tex.Crim.App.2003).

33
Mehrdad Moayedi v. Interstate 35/chisam Road, L.P. and Malachi Development Corporationgreen
tex · 2014 · cited in 3 Texas opinions naming this issue, 2015–2015
2 sentences

2015See Moayedi v. Interstate 35/Chisam Rd., L.P., 438 S.W.3d 1, 6 (Tex.2014) (“[Section 51.003] provides an offset that otherwise would not be available.

2015See Moayedi v. Interstate 35/Chisam Rd., L.P., 438 S.W.3d 1, 6 (Tex. 2014) (“[Section 51.003] provides an offset that otherwise would not be available.

33
City of Houston v. Clear Creek Basin Authoritygreen
tex · 1979 · cited in 2 Texas opinions naming this issue, 1986–1986
2 sentences

1986City of Houston v. Clear Creek Basin Authority, 589 S.W.2d 671, 678 (Tex.1979).

1986City of Houston v. Clear Creek Basin Authority, 589 S.W.2d 671, 678 (Tex.1979).

22
Lee v. Martin Marietta Materials Southwest, Ltd.green
texapp · 2004 · cited in 2 Texas opinions naming this issue, 2011–2011
2 sentences

2011See id. § 51.003; Lee v. Martin Marietta Materials Sw., Ltd. , 141 S.W.3d 719, 720-21 (Tex. App.--San Antonio 2004, no pet.) (to recover under guaranty contract, party must show (1) existence and ownership of guaranty contract, (2) terms of underlying contract by holder, (3) occurrence of conditions upon which liability is based, and (4) failure or refusal to perform promise by guarantor).

2011See id. § 51.003; Lee v. Martin Marietta Materials Sw., Ltd., 141 S.W.3d 719 , 720–21 (Tex. App.—San Antonio 2004, no pet.) (to 8 recover under guaranty contract, party must show (1) existence and ownership of guaranty contract, (2) terms of underlying contract by holder, (3) occurrence of conditions upon which liability is based, and (4) failure or refusal to perform promise by guarantor).

12
Lairsen v. Slutzkygreen
texapp · 2002 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022Once the disputed facts are resolved by the factfinder, the deficiency claim “requires only a straightforward mathematical calculation.” See Lairsen v. Slutzky, 80 S.W.3d 121, 130 (Tex. App.—Austin 2002, pet. denied).

11
Jay & VMK, Corp. and John Kelly v. Cristina Lopez and Humanitarian Financial, Inc.green
texapp · 2019 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021As the Receiver argues, “a creditor, to be entitled to a receivership, must be a secured creditor.” See, e.g., Jay & VMK, Corp. v. Lopez, 572 S.W.3d 698, 704 (Tex. App.—Houston [14th Dist.] 2019, no pet.) (collecting cases for proposition that since 1890, courts have “uniformly held” that “creditor” as used in receivership statute means “secured creditor”).

11
Magro v. Ragsdale Brothers, Inc.green
tex · 1986 · cited in 1 Texas opinions naming this issue, 2005–2005
2 sentences

2005See Magro v. Ragsdale Bros., Inc., 721 S.W.2d 832, 834 (Tex.1986).

2005See Magro v. Ragsdale Bros., Inc., 721 S.W.2d 832, 834 (Tex.1986).

11
Consolidated Equities Corp. v. Birdgreen
gactapp · 1990 · cited in 1 Texas opinions naming this issue, 2003–2003
1 sentence

2003Even if the provisions of the amended agreement were to be construed by us as an “alternate method of payment,” such an agreement could not be allowed to stand if it has even the indirect effect of “evasion ... of the debtor protection provisions of Article Nine.” Id. at 278. 2.

11
Resolution Trust Corp. v. Westridge Court Joint Venturegreen
texapp · 1991 · cited in 1 Texas opinions naming this issue, 1992–1992
1 sentence

1992See Westridge, 815 S.W.2d at 331 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
Resolution Trust Corp. v. Summers & Miller Gleneagles Joint Venture green
txnd · 1992
2 sentences

2008The notice of foreclosure had erroneously transposed the legal descriptions of two properties that were to be foreclosed in a manner that resulted in “an offer of more land for sale than was actually the case as to one tract, and an offer of less land for sale than was actually the case as to the other tract.” In the court’s view, there was “no question that an irregularity in the foreclosure process occurred.” Id. at 654-55 .

2008The notice of foreclosure had erroneously transposed the legal descriptions of two properties that were to be foreclosed in a manner that resulted in “an offer of more land for sale than was actually the case as to one tract, and an offer of less land for sale than was actually the case as to the other tract.” In the court’s view, there was “no question that an irregularity in the foreclosure process occurred.” Id. at 654-55 .

52008–2008
Chase Manhattan Bank, N.A. v. Greenbriar North Section II green
texapp · 1992
2 sentences

2004Id. at 726-27 .

2004Id. at 726-27 .

32002–2004
John H. Thomas, M.D. v. Graham Mortgage Corporation and Chris Norris, Substitute Trustee green
texapp · 2013
2 sentences

2014Id.

2014Id.

22014–2014
Tanenbaum v. Economics Laboratory, Inc. green
tex · 1982
2 sentences

2001Id.

2001Id.

22001–2001
Exxon Mobil Corporation v. William T. Drennen, Iii green
tex · 2014
1 sentence

2018Neither the Restatement nor the Texas Supreme Court has adopted a general definition of “fundamental policy.” Drennen, 452 S.W.3d at 327 .

12018–2018
Gross National Bank of San Antonio v. Merchant green
texapp · 1970
1 sentence

2017Bandy, 835 S.W.2d at 617 ; Merchant, 459 S.W.2d at 486–87.

12017–2017
Bandy v. FIRST STATE BANK, OVERTON, TEX. green
tex · 1992
1 sentence

2017Bandy, 835 S.W.2d at 617 ; Merchant, 459 S.W.2d at 486–87.

12017–2017
Riley, Billy Dee Jr. red
texcrimapp · 2012
1 sentence

2017Riley , 378 S.W.3d at 458 .

12017–2017
Cooper v. Bowser green
texapp · 1980
1 sentence

1989Technical Chemical Co. v. Jacobs, 480 S.W.2d 602 ; Cooper v. Bowser, 610 S.W.2d 825 (Tex.App.—Tyler 1980, no writ).

11989–1989
Technical Chemical Company v. Jacobs green
tex · 1972
1 sentence

1989Technical Chemical Co. v. Jacobs, 480 S.W.2d 602 ; Cooper v. Bowser, 610 S.W.2d 825 (Tex.App.—Tyler 1980, no writ).

11989–1989

Statutes the citing opinions construe

TX § Tex. Prop. Code § 51.003 (16) TX § Tex. Prop. Code § 51.002 (8) TX § Tex. Prop. Code § 51.005 (4) TX § Tex. Penal Code § 12.33 (3) TX § Tex. Penal Code § 12.42 (3) TX § Tex. Penal Code § 38.03 (3) TX § Tex. Penal Code § 38.04 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 36 (1986–2022) FL 27 (1960–2019) CT 22 (1976–2022) IL 17 (1978–2026) CA 12 (1985–2026) GA 12 (1944–2026) PA 11 (1969–2025) NY 11 (1916–2006) NJ 8 (1934–2022) WA 8 (1971–2024) UT 8 (2020–2022) ID 8 (2016–2024) MO 7 (1932–2015) MI 7 (1988–2022) OH 6 (2003–2025) VT 6 (1915–2005) AZ 6 (1982–2024) LA 4 (1983–2015) AL 4 (1940–2002) MA 3 (1985–2025) IA 3 (1980–2026) WI 3 (1936–2025) MN 2 (1937–2010) DE 2 (2018–2024) OR 2 (1998–2016) NV 2 (1973–2018) IN 2 (1958–2018) TN 2 (1998–2001) MS 2 (1984–2002) KS 2 (1982–1996) NC 2 (2004–2023)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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