No notice, no defense to FED action.

Justice Pedersen‘s first appearance in this blog provides a succinct reminder about a basic principle of foreclosure litigation: “[A] foreclosure sale may be set aside if the creditor fails to provide the notice required by statute.  However, any challenge to the sale of property under a deed of trust must be brought in a separate suit in which title issues can be determined, not in an action for forcible detainer.” Smith v. Deutsche Bank, No. 05-17-01022-CV (Jan. 16, 2019) (mem. op.)