Mehrdad Moayedi v. Interstate 35/chisam Road, L.P. and Malachi Development Corporation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that waiver of “any,” “each,” and “every” defense in guaranty, though broad, included rights to valuation and offset under section 51.003
• holding that the offset right under property code section 51.003 is a defense that may be waived and that by signing the guaranty agreement at issue, Moayedi waived section 51.003
• holding broad language waiving “any,” “each,” and “every” defense waives a defense under section 51.003
• explaining that “a deficiency judgment is based on ‘the amount of the note, interest and attorney’s fees, less the amount received at the trustee sale and other legitimate credits’”
• stating that section 51.003 provides a defense to the traditional definition of deficiency, which is based on the foreclosure proceeds, in the form of “an offset that otherwise would not be available”
• stating that “[c]ourts must examine and consider the entire writing in an effort to harmonize and give effect to all the provisions of the contract so that none will be rendered meaningless”

Source: CourtListener parenthetical corpus (CC0).