Texas Supreme Court
Claude W. Ogden, Jr., Petitioner v. Gibraltar Savings Association, Respondent
July 14, 198225 Tex. Sup. Ct. J. 430
Summary
The Texas Supreme Court reversed the Court of Civil Appeals and held that Gibraltar Savings Association failed to give proper notice of its intent to accelerate the debt before foreclosing on Claude W. Ogden's property, thereby awarding Ogden $49,600 plus interest. The Court explained that both notice of intent to accelerate and notice that the debt has been accelerated are required. Justice Barrow dissented, arguing the August 17 letter was sufficient notice and would have affirmed the lower courts.