The Foreclosure Process in the Probate Context

This article was originally published in the Advocate The Advocate (Texas) - Symposium on Decedents and Ward - Fall, 2009. It is intended to provide an overview of the real property foreclosure process in the probate context. The substance of the article assumes basic familiarity with the foreclosure process under the Texas Property Code and basic familiarity with the estate administration processes under the Texas Probate Code.

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An Overview of Collateral Estoppel in Adversary Proceedings

Collateral estoppel applies to adversary proceedings.

The doctrine of collateral estoppel or issue preclusion provides that “when an issue of ultimate fact has once been determined by a valid and final judgment, that issue cannot again be litigated between the same parties in any future lawsuit.” Dowling v. United States, 493 U.S. 342, 347 (1990) (citing Ashe v. Swenson, 397 U.S. 436 (1970)). This doctrine, precluding the relitigation of issues, is designed to promote judicial efficiency, protect parties from multiple lawsuits, and prevent inconsistent judgments. See Lytle v. Household Mfg. Inc., 494 U.S. 545, 553 (1990); Allen v. McCurry, 449 U.S. 90, 94 (1980); Montana v. United States, 440 U.S. 147, 153–54 (1979).

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Information Needed to Pursue Mechanic's Lien & Payment Bond Claims in Texas

Pursuing mechanic’s liens and payment bond claims in Texas is a very complex process—especially for subcontractors. The requirements to perfect a mechanic’s lien and payment bond claim vary depending on a variety of factors. For a great blog post that discusses the pitfalls of trying to file your own mechanic’s liens, click here.

 

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