Green Tree Servicing, LLC F/K/A Conseco Finance Servicing Corp. v. Ralph D. Woods and Karen Woods
388 S.W.3d 785
Tex. App.2012Background
- Green Tree Servicing, LLC f/k/a Conseco Finance Servicing Corp. appeals a no-evidence SJ on standing, capacity, and chain of title.
- The Woods alleged Green Tree lacked standing, capacity, and proper chain of title to sue.
- The Woods’ no-evidence motion was granted without specifying grounds.
- Green Tree asserted it had standing, capacity, and a valid chain of title based on pooling and servicing agreements.
- The appellate court reverses, holding capacity supports suit and standing cannot be challenged in a no-evidence SJ; remands for proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing challenge in no-evidence SJ | Green Tree argues standing cannot be challenged in no-evidence SJ | Woods argue lack of standing via privity/chain issues | Standing challenge in no-evidence SJ error; remanded for proper analysis. |
| Jurisdiction/standing proof in no-evidence SJ | Green Tree argues jurisdictional challenge should follow pleadings | Woods contend lack of standing divests jurisdiction | Court cannot dispose on standing in no-evidence SJ; improper vehicle; harm shown. |
| Capacity to sue | Green Tree shows servicer authority to sue under agreements | Woods argue no capacity due to unclear chain | Evidence of servicer agreements suffices to establish capacity. |
| Chain of title from original seller | Green Tree contends chain evidence supports standing | Woods say no clear chain of title | Chain of title concerns standing, not capacity; insufficient evidence to negate jurisdiction. |
| Remedy when jurisdictional issue intertwined with merits | N/A | N/A | Court treats jurisdictional issues with safeguards; no-evidence SJ not proper when intertwined with merits. |
Key Cases Cited
- Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547 (Tex. 2000) (absence of subject-matter jurisdiction may be raised in any proper vehicle; no-evidence SJ referenced (context))
- Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440 (Tex. 1993) (standing as jurisdictional component; cannot be waived)
- Miranda v. Parks & Wildlife, 133 S.W.3d 217 (Tex. 2004) (evidentiary challenges to jurisdiction mirror traditional SJ)
- Frost Nat’l Bank v. Fernandez, 315 S.W.3d 494 (Tex. 2010) (plaintiff’s good-faith pleadings determine jurisdiction; amend if gaps)
- Judwin Props., Inc. v. Griggs & Harris, 911 S.W.2d 498 (Tex. App.—Houston 1st Dist. 1995) (pleadings cannot be used as SJ evidence except judicial admissions)
- Lazarides v. Farris, 367 S.W.3d 788 (Tex. App.—Houston 14th Dist. 2012) (pleadings can negate jurisdiction; summary judgment not required to cure)
- Sykes, 136 S.W.3d 635 (Tex. 2004) (dismissal without prejudice when jurisdiction lacking; safeguards)
- Interstate Contracting Corp. v. City of Dallas, 135 S.W.3d 605 (Tex. 2004) (standing relates to privity of contract)