Gordon v. West Houston Trees, Ltd.
352 S.W.3d 32
| Tex. App. | 2011Background
- West Houston Trees obtained a money judgment against Winter Gordon, Sr. and recorded a judgment lien on Fort Bend County real property on July 24, 2006.
- An Order of Sale followed (Feb. 9, 2007) and an Execution Sale occurred on April 3, 2007, with West Houston Trees purchasing the property.
- Gordon later filed a Purchase and Sale Agreement (March 22, 2007) purporting to convey the land to him, but no deed existed at that time.
- Gordon filed a Quit Claim Deed (Oct. 3, 2007) and an Amended Warranty Deed (Jan. 23, 2008) backdated to March 22, 2007, allegedly correcting the sale documents.
- Gordon sued West Houston Trees for wrongful foreclosure; West Houston Trees brought counterclaims including declaratory relief, quiet title, and a fraud claim under Civil Practice and Remedies Code Chapter 12.
- The trial court granted summary judgment for West Houston Trees on wrongful foreclosure, quiet title, and fraudulent-document claims, and Gordon appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does West Houston Trees' abstract of judgment create a valid lien and give notice to subsequent purchasers? | Gordon argues the abstract failed to create a lien and notify purchasers. | West Houston Trees contends the abstract substantially complied and properly created a lien with notice. | Yes; the abstract substantially complied, created a valid lien, and gave notice; the Execution Sale was proper. |
| Did the Purchase and Sale Agreement convey title to Gordon on March 22, 2007? | Gordon asserts the Agreement conveyed title to him. | West Houston Trees argues the Agreement lacked present-time conveyance language and did not meet conveyance formalities. | No; the Agreement did not convey title; it contemplated future actions and lacked operative words of grant. |
| Are the Amended Warranty Deed and Quit Claim Deed valid hindrances on West Houston Trees' title? | Gordon contends these deeds validly conveyed or corrected title. | West Houston Trees argues both deeds are invalid hindrances because no valid prior conveyance existed. | Yes; both are invalid hindrances and must be removed from title. |
| Did West Houston Trees prove Gordon filed a fraudulent document under Chapter 12, and are damages payable? | Gordon denies knowledge of fraudulent filings. | West Houston Trees argues Gordon intended to affect title and cause financial injury. | In part; summary judgment on the fraudulent-document claim is reversed and remanded for further proceedings on that claim. |
| Is West Houston Trees entitled to a judgment quieting title against Gordon’s claimed right? | Gordon asserts superior title via Purchase Agreement. | West Houston Trees asserts superior title via prior lien and execution sale and that Gordon’s instruments were hindrances. | Yes; quiet title relief is warranted by removal of the hindrances and West Houston Trees' superior title. |
Key Cases Cited
- Won v. Fernandez, 324 S.W.3d 833 (Tex. App.—Houston [14th Dist.] 2010) (establishes lien priority and attachment principles for judgments and executions)
- Holub v. Gary E. Patterson & Assocs., 264 S.W.3d 180 (Tex. App.—Houston [1st Dist.] 2008) (requirements for creating a judgment lien; substantial compliance standard)
- Rogers v. Peeler, 271 S.W.3d 372 (Tex. App.—Texarkana 2008) (judgment lien creation and clerk's role in abstracting judgments)
- Wilson v. Dvorak, 228 S.W.3d 228 (Tex. App.—San Antonio 2007) (notice to subsequent purchasers; recordation of liens)
- Green v. Canon, 33 S.W.3d 855 (Tex. 2000) (deed validity; future-action language not fatal to conveyance; contract interpretation of deeds)
- Mullins v. Albertson, 136 S.W.2d 263 (Tex. Civ. App.—San Antonio 1940) (substantial compliance with abstract requirements; minor discrepancies allowed)
- CenterPoint Energy Houston Elec., L.L.P. v. Old TJC Co., 177 S.W.3d 425 (Tex. 2005) (contract and conveyance interpretation; ambiguity standards)
- Hahn v. Love, 321 S.W.3d 517 (Tex. App.—Houston [1st Dist.] 2009) (quiet title framework; cloud on title standards)
- Bell v. Ott, 606 S.W.2d 942 (Tex. Civ. App.—Waco 1980) (quiet title relief for removing hindrances; appearance of better right)