[Download] "Mays v. Bank One" by In the Court of Appeals Sixth Appellate District of Texas at Texarkana ~ Book PDF Kindle ePub Free

February 19, 2021

eBook details

Title: Mays v. Bank One
Author : In the Court of Appeals Sixth Appellate District of Texas at Texarkana
Release Date : January 10, 2004
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 55 KB

Description

William Mays appeals a summary judgment rendered against him, and in favor of Bank One, on Bank Ones promissory note and guaranty claims. In one issue, Mays contends that the trial court erred in granting the motion for summary judgment since material issues of fact exist. Specifically, Mays argues he is entitled to a determination by the trial court of the fair market value of real property securing the promissory note debt, pursuant to Texas Property Code section 51.005. This analysis is complicated by the fact that Bank One did not foreclose on its lien on the real estate. Rather, the foreclosure was by a prior lien holder, and no proceeds of the sale flowed to Bank One as the junior lien holder. For the reasons set out below, we decide Mays issue against him, and affirm the trial courts judgment.