In MATHIS v. DCR MORTG. III SUB, I, LLC, 942 F.Supp.2d 649 (W.D. Tex. 2013), the court granted in part and denied in part the lender’s motion to dismiss a suit filed by a debtor on the basis that the lender and its employees concocted a scheme to foreclose on the property. The court dismissed all claims other than a claim of (1) wrongful foreclosure, and (2) breach of contract against the lender for want of notice with regard to the note and deed of trust. As to the first, the debtor proved that that there was an inadequate selling price and the lender had failed to provide notice and opportunity to cure the amount due on the loan (which could have been, but were not, waived in the loan documents). Also with respect to the failure to provide notice of acceleration, the lender’s failure to provide notice of acceleration constituted a breach of contract.