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Calhoun Holiday Place, Inc. v. Wells Fargo Bank, N.A., 12/22/16
April 20, 2017

In a deficiency judgment proceeding, the trial court did not err by admitting a post-foreclosure sale price as the Texas Supreme Court held, retroactively, Tex. Prop. Code Ann. § 51.003 (2014) allows a future sales price show fair market value. Legally and factually sufficient evidence supported a finding of the property’s fair market value because adjacent environmental contamination stigmatized the property, and a prior sale price was competent evidence of fair market value. Therefore, the finding was within the range of fair market values the evidence permitted. The trial court also did not err by awarding appellee mortgagee attorney’s fees because the parties’ note’s fee-recovery provision contemplated the suit, entitling the mortgagee to all fees incurred. It did not have to segregate fees between successful and unsuccessful claims or reduce fees when it did not obtain all relief sought. The lower court’s ruling was affirmed.