Clarkson v. DEUTSCHE BANK NATIONAL TRUST COMPANY, 331 S.W.3d 837

In 2006 Clarkson borrowed $341,500 secured by a deed of trust on the property.
In 2009 the property was posted for foreclosure.
Deutsche Bank purchased the property at public auction on July 7, 2009 and obtained a substitute trustee's deed filed in Ellis County.
Bank sent demand-to-vacate letters advising tenants to vacate within three days or face forcible detainer action; occupants did not vacate.
Deutsche Bank filed forcible detainer; justice court awarded possession, and the county court at law, on de novo review, granted possession; Clarkson appealed and the appellate court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Compliance with Property Code notices	Clarkson contends notices were not sent by entitled person or in proper form.	Deutsche Bank shows proper certified notices and supporting affidavits.	No reversible error; notices and proof sufficient.
Sufficiency of substituted trustee's deed to prove title	Clarkson argues deed lacks unqualified affidavit of personal knowledge.	Bank introduced deed with custodian affidavit and supporting records.	Deed and affidavit sufficient for prima facie title in forcible detainer.
Evidence of occupancy after notice to vacate	Clarkson contends no evidence of occupancy post-notice.	Amended sworn complaint alleges refusal to vacate; evidence supports possession.	There is more than a scintilla of evidence supporting refusal to vacate.

Williams v. Bank of New York Mellon, 315 S.W.3d 925 (Tex.App.-Dallas 2010) (for forcible detainer; title not at issue)
Marshall v. Housing Auth. of San Antonio, 198 S.W.3d 782 (Tex. 2006) (forcible detainer; speed and simplicity of action)
Scott v. Hewitt, 90 S.W.2d 816 (Tex. 1936) (title not at issue in forcible detainer)
Goggins v. Leo, 849 S.W.2d 373 (Tex.App.-Houston [14th Dist.] 1993) (no evidence of occupancy after notice)
Powelson v. U.S. Bank Nat'l Ass'n, 125 S.W.3d 810 (Tex.App.-Dallas 2004) (notice to vacate and denial supports possession)