In Gulf Coast Inv. Corp. v. Brown, 821 S.W.2d 159 (Tex. 1991), a property owner sued a creditor for wrongful foreclosure, alleging the foreclosure sale conducted by the creditor was invalid because the foreclosure notice was improper. Id. at 160.
After the wrongful foreclosure suit was settled, the creditor sued the law firm that represented it in the foreclosure sale. Id.
With regard to limitations and tolling, the Texas Supreme Court held, "when an attorney's malpractice in conducting a non-judicial foreclosure sale of real property results in a wrongful foreclosure action against the client, the statute of limitations on the malpractice claim is tolled until the wrongful foreclosure action is finally resolved." Id.