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The elements of a wrongful foreclosure claim are: (1) a defect in the foreclosure sale proceedings; (2) a grossly inadequate selling price; and (3) a causal connection between the defect and the grossly inadequate selling price. Charter Nat'l Bank-Houston v. Stevens, 781 S.W.2d 368, 371 (Tex. App.-Houston [14th Dist.] 1989, writ denied).
Violation of an automatic bankruptcy stay is not an element of the tort of wrongful foreclosure, but even if it were, the other elements are not satisfied, based on the alleged facts stated in the question.
Re 2003 (or 2006) partnership law, real property held in the name of a limited partnership is owned in whatever proportion stated in the partnership agreement, which is generally proportionate to each partner's contributions, and no general or limited partner has any "personal" ownership.
Hope this helps.
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As I already explained, the automatic stay is irrelevant to a claim of wrongful foreclosure. A motion for contempt with the bankruptcy court would have voided the foreclosure. But, that was apparently a long time ago, and a contempt motion brought now would almost certainly fail based on the doctrine of Laches (unreasonable delay and unfair prejudice).
Re the other issues, if all this happened in 2003, any recourse would be barred by the statute of limitations (4 years on a written contract under TX law).
I'm not sure whether you wanted more commentary, because I see you posted a second question with the same info as is present here.
Assuming you do want me to comment, then based on your description above, it certainly appears that you have met all the requisite elements for the wrongful foreclosure claim. All you have to do is prove it...
...and then collect, of course. Crooks usually don't have money to pay judgments, because they burn through their assets as fast as they steal from honest people. I do hope that your defendant has the assets with which to pay.
Best of luck to you!
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