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Holy Cross Church of God in Christ v. Wolf

Holy Cross Church of God in Christ v. Wolf, 44 S.W.3d 562 (Tex. 2001)

Court
Supreme Court of Texas
Decided
2001-04-12
Docket
00-0250
Cited by later opinions
603

What happened

A church's note was accelerated, but years passed before the note holder tried to foreclose. The church asked a court to declare that the time to foreclose had run out.

What the court decided

The Texas Supreme Court held that clear notice of acceleration starts the four-year Texas limitations clock; the holder does not also have to take steps toward foreclosure. Effective acceleration takes two notices — intent to accelerate, then acceleration. The court rendered judgment for the church.

In the court's words

“Effective acceleration requires two acts: (1) notice of intent to accelerate, and (2) notice of acceleration.”

Why it may matter to you

If your loan was accelerated long ago, the lender may have run out of time to foreclose. This is the leading Texas case on when the clock starts.

Why it might not apply

A lender can abandon an acceleration — by accepting payments, by agreement, or by written notice — which resets the clock (see Boren). Texas later added Civ. Prac. & Rem. Code § 16.038 on rescinding acceleration. Get a lawyer to count the dates.

Most useful when

  • Your loan was accelerated more than four years ago and nobody foreclosed

How to cite it

The full citation for the first time you mention it, a short form for later, and a sample sentence you can adapt.

Full citationHoly Cross Church of God in Christ v. Wolf, 44 S.W.3d 562 (Tex. 2001)Short formHoly Cross, 44 S.W.3d 562

Draft — check it with free legal aid before you file or say it in court.

In Holy Cross Church of God in Christ v. Wolf, 44 S.W.3d 562 (Tex. 2001), the court held that effective acceleration requires notice of intent to accelerate and notice of acceleration, and once the note is accelerated the four-year Texas limitations period to foreclose begins to run. Here, [say in one sentence what happened in your case]

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