UPS Next-Day Delivery Satisfies Certified Mail Requirement for Foreclosure Notices Under Contract and Texas Property Code

In Revere Tactical Opportunities Fund IV v. Lee-Wen, the Business Court of Texas held that a lender's notices of intent to foreclose sent by email and UPS next-day delivery satisfied both deed of trust and Texas Property Code § 51.002(b)(3) requirements for certified mail. The court concluded that contractual provisions permitting notice by commercial delivery service for same-day or next-day delivery deemed such notices proper, and that Texas law permits alternative service methods that do not delay the notice time that certified mail would provide.