BLUEBONNET SAVINGS BANK F.S.B., Appellant v. GRAYRIDGE APARTMENT HOMES INC. AND JOHN J. HARRY, Appellees, 907 S.W.2d 904

Summary

Appellant note holder sought a deficiency judgment after it foreclosed its deed of trust on the appellee apartment owners' apartments. The court reversed the trial court's judgment. Judgment was rendered that appellees take nothing from appellant on the claim for negligent misrepresentation because the court found that appellees failed to prove they justifiably relied to their detriment on the statements by appellant's agents. The court found that appellant's deficiency claim was not barred by the doctrines of waiver, estoppel, or laches and that it was clear that a deficiency existed. The cause was remanded to the trial court to determine the amount of the judgment to be rendered on the note and guaranty in favor of appellant and against appellees.