University Savings Ass'n v. Springwoods Shopping Center
Univ. Sav. Ass'n v. Springwoods Shopping Ctr., 644 S.W.2d 705 (Tex. 1982)
- Court
- Supreme Court of Texas
- Decided
- 1982-12-08
- Docket
- C-1396
- Cited by later opinions
- 59
What happened
A substitute trustee conducted the foreclosure sale, but his appointment had not been recorded. The owner sued for wrongful foreclosure.
What the court decided
The Texas Supreme Court held that failing to record an otherwise valid appointment of a substitute trustee did not affect the legality or fairness of the sale as to the owner, given the notice actually provided.
In the court's words
“failure to record an otherwise valid appointment of a substitute trustee does not affect”
Why it may matter to you
It helps you tell a paperwork slip from a real defect. Courts look at whether the problem actually hurt you — for example, whether you got notice.
Why it might not apply
It concerned recording, not whether the trustee was validly appointed at all. A trustee with no valid appointment is a different question.
Most useful when
- A substitute trustee ran the sale and the appointment was not recorded
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.
Univ. Sav. Ass'n v. Springwoods Shopping Ctr., 644 S.W.2d 705 (Tex. 1982)Short formSpringwoods, 644 S.W.2d 705Draft — check it with free legal aid before you file or say it in court.
In Univ. Sav. Ass'n v. Springwoods Shopping Ctr., 644 S.W.2d 705 (Tex. 1982), the court held that failing to record an otherwise valid appointment of a substitute trustee does not by itself make the trustee's sale unlawful or unfair to the mortgagor. Here, [say in one sentence what happened in your case]
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