Essay Questions - Texas Jurisdiction Example | Topics and Well Written Essays - 1000 words

Questions - Texas Jurisdiction - Essay Exampletrust likewise contains no clause authorizing the patois to take possession of the mortgaged property, the only remedy afforded the bank in the Deed of Trust is the nonjudicial foreclosure it bargained for. beacon fire church building Of Cloverleaf v. Texas Bank, 889 S.W.2d 595 (Tex.App.Houston 14th Dist 1994).After the debt secured by a deed of trust has matured, by acceleration or otherwise, the mortgagee may, in accordance with 51.002 of the Property legislation and the deed of trust, foreclose on real property by nonjudicial sale. This chapter discusses the foreclosure sale of real property in Texaswhat it is, what its prerequisites are, and what its consequences may be.Repossession of real estate cannot be compared to repossession of private property. Repossession of personal property is governed by Chapter 9 of the Texas Uniform Commercial Code. Tex. Bus. & Com. Code Ann. 9.101 et seq. (Vernon 1991). Chapter 9 specifically cr eates the reclaim to self-help repossession. Tex. Bus. & Com. Code Ann. 9.503 (Vernon 1991). Real estate is specifically excluded from the scope of that chapter. Tex. Bus. & Com. Code Ann. 9.104(10) (Vernon 1991). Thus, Chapter 9 does not give creditors a right to repossess real estate in the same way they repossess personal property. Lighthouse Church Of Cloverleaf v. Texas Bank, 889 S.W.2d 595 (Tex.App.Houston 14th Dist 1994). Questions concerning title to real estate, the validity of conveyances, warranties, and foreclosures are determined by the law of the situs. Pellow v. Cade, 990 S.W.2d 307 (Tex.App.Texarkana 1999), rehg overruled, (Mar. 19, 1999).A person must(prenominal) bring suit for the recovery of real property under a real property quick temper or the foreclosure of a real property lien, including a voluntary mechanics or materialmans lien, no afterwards than four years after the day the cause of action accrues. Tex. Civ. Prac. & Rem. Code Ann. 16.035(a). Volunt ary mechanics and materialmans liens on real estate, securing a note