Texas Supreme Court

Benchmark Bank, Petitioner v. Frank L. Crowder and Marion N. Crowder, Respondents

May 10, 1996919 S.W.2d 657

Summary

The Texas Supreme Court held that a private lender may be subrogated to a federal tax lien and enforce it against a homestead, but must compensate a nondeliquent spouse for her vested interest. The Court also found the nonjudicial foreclosure valid, rejected the claim that no lien existed against the spouse, and ruled that excess debt does not make the foreclosure wrongful, remanding the spouse's compensation claim.