foreclosure violation (Texas) · Go Syfert
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foreclosure violation in Texas

6 Texas opinions name it 2 courts 1995–2024 1 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 (8)

CaseFollowedCited
Khan v. GBAK Properties, Inc.green
texapp · 2012 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024See Khan, 371 S.W.3d at 353 .

11
McKeehan v. Wilmington Sav. Fund Soc'y, FSBgreen
· 2018 · cited in 1 Texas opinions naming this issue, 2019–2019
2 sentences

2019Id. at 701 .

2019See McKeehan, 554 S.W.3d at 701 (recognizing that under Steptoe lender was not required to counterclaim for foreclosure or lose its right to do so and holding that debtor likewise was not required to assert defenses to lender’s unasserted foreclosure claim or lose them).

11
Boyd v. Boydgreen
texapp · 2004 · cited in 1 Texas opinions naming this issue, 2012–2012
1 sentence

2012Boyd v. Boyd, 131 S.W.3d 605, 611 (Tex. App.—Fort Worth 2004, no pet.) (citing Pharo v. Chambers County, 922 S.W.2d 945, 948 (Tex. 1996)) (providing that in the absence of findings of fact or conclusions of law, we must presume that the trial court made all the findings necessary to support its judgment).

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Pharo v. Chambers County, Tex.green
tex · 1996 · cited in 1 Texas opinions naming this issue, 2012–2012
1 sentence

2012Boyd v. Boyd, 131 S.W.3d 605, 611 (Tex. App.—Fort Worth 2004, no pet.) (citing Pharo v. Chambers County, 922 S.W.2d 945, 948 (Tex. 1996)) (providing that in the absence of findings of fact or conclusions of law, we must presume that the trial court made all the findings necessary to support its judgment).

11
Formisano v. National Community Bank (In Re Formisano)green
njb · 1992 · cited in 1 Texas opinions naming this issue, 2001–2001
2 sentences

2001In re Smith, 224 B.R. 44, 47 (Bankr.E.D.Mich.1998) (holding that the foreclosure held in violation of the automatic stay did not result in a transfer for purposes of § 549(c)); In re Formisano, 148 B.R. 217, 224 (Bankr.D.N.J.1992) (holding that the tax sale held in violation of the automatic stay did not result in a transfer within § 549(c)); Graham v. Pazos De La Torre, 821 S.W.2d at 164 (holding that because the foreclosure *133 occurred in violation of the automatic stay the purchaser at the sale did not and could not acquire title to the realty).

2001There being no transfer, there was nothing at bar to which § 549(c) could apply (even if the Curls had presented evidence satisfying the elements of 549(c)). 2 In re Smith, 224 B.R. at 47 ; In re Fomnisano, 148 B.R. at 224 .

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Smith v. London (In Re Smith)green
mieb · 1998 · cited in 1 Texas opinions naming this issue, 2001–2001
2 sentences

2001There being no transfer, there was nothing at bar to which § 549(c) could apply (even if the Curls had presented evidence satisfying the elements of 549(c)). 2 In re Smith, 224 B.R. at 47 ; In re Fomnisano, 148 B.R. at 224 .

2001In re Smith, 224 B.R. 44, 47 (Bankr.E.D.Mich.1998) (holding that the foreclosure held in violation of the automatic stay did not result in a transfer for purposes of § 549(c)); In re Formisano, 148 B.R. 217, 224 (Bankr.D.N.J.1992) (holding that the tax sale held in violation of the automatic stay did not result in a transfer within § 549(c)); Graham v. Pazos De La Torre, 821 S.W.2d at 164 (holding that because the foreclosure *133 occurred in violation of the automatic stay the purchaser at the sale did not and could not acquire title to the realty).

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Graham v. Pazos De La Torregreen
texapp · 1991 · cited in 1 Texas opinions naming this issue, 2001–2001
1 sentence

2001In re Smith, 224 B.R. 44, 47 (Bankr.E.D.Mich.1998) (holding that the foreclosure held in violation of the automatic stay did not result in a transfer for purposes of § 549(c)); In re Formisano, 148 B.R. 217, 224 (Bankr.D.N.J.1992) (holding that the tax sale held in violation of the automatic stay did not result in a transfer within § 549(c)); Graham v. Pazos De La Torre, 821 S.W.2d at 164 (holding that because the foreclosure *133 occurred in violation of the automatic stay the purchaser at the sale did not and could not acquire title to the realty).

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Henry S. Miller Co. v. Bynumgreen
tex · 1992 · cited in 1 Texas opinions naming this issue, 1995–1995
1 sentence

1995Consequential damages are “those damages which result naturally, but not necessarily from the acts complained of.” Henry S. Miller Co. v. Bynum, 836 S.W.2d 160, 163 (Tex.1992).

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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 (1)

CaseCitedYears
Murphy v. Countrywide Home Loans, Inc. green
texapp · 2006
1 sentence

2010Murphy , 199 S.W.3d at 446 .

12010–2010

Where else courts name it

IL 17 (1967–2025) CT 14 (1991–2021) ME 13 (2013–2026) NY 13 (1986–2025) FL 12 (2006–2026) NC 11 (1994–2017) MI 9 (1996–2025) OH 8 (2013–2026) SC 7 (1993–2023) GA 6 (1974–2013) VT 6 (1908–2024) CA 6 (2013–2025) TX 6 (1995–2024) NM 5 (2006–2020) WI 5 (2013–2019) OR 4 (1988–2018) IN 4 (1978–2020) VI 3 (2013–2016) RI 3 (2003–2020) HI 3 (2023–2024) ND 2 (1962–1989) MD 2 (2000–2001) AL 2 (1993–2023) MT 2 (1911–1949) NJ 2 (2018–2020) SD 2 (1904–1931) MO 2 (1984–2013)

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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