This section contains the nature of the case and procedural background.

D executed two loans to purchase a residential property: one for $97,592.00 (First Loan) and the second for $24,398.00 (Second Loan). The Second Loan is at issue in today's case and consists of a promissory note (Note), secured by a deed of trust. D obtained both loans from First Franklin, a division of National City Bank of Indiana. D agreed to pay, in monthly installments, the principal balance as well as all interest and other amounts due at the time of the final payment. D defaulted on her payment obligations. The mortgagee foreclosed on the First Loan in November 2007. The property sold for $104,745.76. The proceeds from the foreclosure satisfied the First Loan and extinguished all junior liens, including the lien underlying the Note. In 2019, P purchased the outstanding Note and became the putative current owner and holder of the Note. D contests P's ownership. P sent D notice of the purchase. P then sent a notice of intent to accelerate the payments due under the Note. D had thirty days to cure the default, which P did not timely cure. P sued D for breach of the promissory note and alleged that the amount owed under the Note was $21,023.13. D counterclaimed for fraud and violation of the Texas Debt Collection Practices Act (TDCPA). P moved for summary judgment on its claim. The court granted P's motion, awarded $21,023.13 in damages, and awarded trial and conditional attorney's fees, costs of court, and post-judgment interest. D appealed.

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