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

Questions - Texas Jurisdiction - Essay Example trust likewise contains no clause authorizing the bank 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. Lighthouse Church 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 Code and the deed of trust, foreclose on real property by nonjudicial sale. This chapter discusses the foreclosure sale of real property in Texas—what it is, what its prerequisites are, and what its consequences may be. Repossession of real estate cannot be compared to repossession of personal property. Repossession of personal property is governed by Chapter 9 of the Texas Uniform Commercial Code. Tex. Bus. & Com. Code Ann.  §Ã‚ § 9.101 et seq. (Vernon 1991). Chapter 9 specifically creates the right 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 bring suit for the recovery of real property under a real property lien or the foreclosure of a real property lien, including a voluntary mechanics or materialmans lien, no later than four years after the day the cause of action accrues. Tex. Civ. Prac. & Rem. Code Ann.  § 16.035(a). Voluntary mechanics and materialmans liens on real estate, securing a note