Devdara, L.L.C. v. Wells Fargo Bank, N.A., 4:16-cv-00140

In 2004 Lemorris and Wan Grover executed a note and deed of trust on 2114 Enchanted Park Lane; the note matured May 15, 2034. World Savings → Wachovia → Wells Fargo succeeded as lender.
Grovers defaulted; Wells Fargo sent a July 18, 2011 notice of default warning that the note would be accelerated if not cured. A substitute-trustee sale was noticed for December 6, 2011 but was not completed.
Plaintiff Devdara LLC purchased the property at a constable’s sale (October 4, 2011) and alleges the loan was accelerated by October 24, 2011, so the four-year statute to foreclose (Tex. Civ. Prac. & Rem. Code §16.035) expired October 24, 2015, voiding the deed of trust.
Wells Fargo sent a later January 22, 2015 notice of default demanding less than the full outstanding balance and warning of possible acceleration if not cured.
Wells Fargo moved for summary judgment arguing there is no evidence of effective acceleration in 2011 and, even if there was, the January 2015 notice unequivocally abandoned any earlier acceleration; Devdara did not respond. The court granted summary judgment for Wells Fargo.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the loan was effectively accelerated in 2011	The October 24, 2011 notice of sale and surrounding events show acceleration by that date	No clear, unequivocal notice of acceleration in 2011; the notices do not show effective acceleration	Court: Plaintiff has no evidence of effective acceleration in 2011; not established
Whether a later notice can abandon an earlier acceleration	Acceleration (if any) remained and triggered the 4-year bar by Oct. 2015	Sending a Jan. 2015 notice seeking less than full payment abandoned any prior acceleration, resetting limitations	Court: Jan. 2015 notice abandoned any August/Oct. 2011 acceleration; statute did not run
Effect of abandonment on statute of limitations to foreclose	If acceleration occurred in 2011, foreclosure period expired in 2015 and deed of trust is void	Abandonment restores original maturity date; limitations did not expire	Court: Because abandonment occurred, limitations did not bar foreclosure; Wells Fargo retains valid lien
Entitlement to summary judgment	Devdara seeks declaratory relief voiding the deed of trust	Wells Fargo seeks dismissal, arguing absence of evidence and abandonment doctrine; moved for summary judgment	Court: Granted Wells Fargo summary judgment; dismissed declaratory claim

Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (summary judgment framework and party burdens)
Anderson v. Liberty Lobby, 477 U.S. 242 (1986) (standard for genuine dispute of material fact)
Holy Cross Church of God in Christ v. Wolf, 44 S.W.3d 562 (Tex. 2001) (acceleration requires clear, unequivocal notice)
Boren v. U.S. Nat. Bank Ass'n, 807 F.3d 99 (5th Cir. 2015) (second notice requesting less than full payment can abandon prior acceleration)