Sanchez v. Telles

960 S.W.2d 762 (1997)

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Sanchez v. Telles

Texas Court of Appeals
960 S.W.2d 762 (1997)

RW

Facts

Manuela Montoya bought property with a loan from Raymond Telles (plaintiff). The loan was secured by an unrecorded deed of trust. Sandra Hirales, who exercised Montoya’s power of attorney, later purported to sell the property, not excepting its deed of trust, to Gilberto Sanchez (defendant). However, Hirales failed to comply with Texas recording-law requirements to sign the deed in the grantor’s name, to have a notary acknowledge the deed, and to have the deed properly recorded. A few years later, Montoya defaulted on her debt. Telles foreclosed on and bought the property, properly recording the foreclosure and title-transfer documents. In addition, Telles finally recorded his deed of trust. Telles sued Sanchez for possession. Once he learned of the suit, Sanchez attempted to cure his title to the property by having Hirales obtain a correction deed. The trial court granted summary judgment for Telles, and Sanchez appealed to the Texas Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Barajas, C.J.)

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