Texas Law

When The Sale Is As Defective As The Judgment: Five Independent Defects In The Foreclosure Sale Itself

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A home sold for 18% of its appraised value, at a sale noticed with a phantom plaintiff, confirmed by a return that named nobody, closed with a tax deed that recited the wrong redemption statute. Texas law requires only a slight irregularity that contributes to a grossly inadequate price to set a sale aside. This sale had four.

The DTPA Loophole: Why Your HOA May Be Beyond THE DTPA’s Reach — But Its Management Company Is Not

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The DTPA offers treble damages and fee-shifting — but only to “consumers.” Whether a homeowner paying mandatory assessments is a consumer of the HOA is genuinely unsettled. The management company is a different story, and under Basic Energy the two things that connect a defendant to a consumer transaction are exactly what a management company does.

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