Client Alert: Texas Supreme Court Enforces Waiver of Post-Foreclosure Fair Market Value Hearing

On June 13, 2014, the Texas Supreme Court, consistent with its long-standing “respect for the strong public policy [in Texas] of respecting parties’ freedom to design contracts according to their wishes,” held that a broad, all-encompassing waiver of all possible defenses clearly indicates exactly which defenses are waived: all of them.