John W. Feuerbacher v. Federal National Mortgage Association A/K/A Fannie Mae, 05-16-01117-CV

Appellant John W. Feuerbacher defaulted on a mortgage; property at 12369 Golden Meadow Lane was sold at a nonjudicial foreclosure on November 3, 2015; Federal National Mortgage Association (Fannie Mae) purchased the property.
The deed of trust contained a clause that post-foreclosure occupants become "tenants at sufferance" and may be removed by writ of possession or other proceedings if they fail to surrender possession.
Fannie Mae mailed notices to vacate (addressed to Feuerbacher, his wife Sandra, and "occupant(s) and/or tenant(s)") and, after occupants did not vacate, filed a forcible entry and detainer action in justice court and obtained judgment; appellant appealed to county court.
At trial the county court admitted the substitute trustee’s deed, the deed of trust, and the notices to vacate; Feuerbacher offered no contrary evidence and did not show any other occupant remained after notice.
The county court awarded immediate possession to Fannie Mae; Feuerbacher appealed, arguing (1) failure to join an indispensable party (his wife Sandra) and (2) insufficient proof to rely on the tenancy-at-sufferance clause / lack of privity.

Issue	Plaintiff's Argument (Feuerbacher)	Defendant's Argument (Fannie Mae)	Held
Whether failure to join Sandra Feuerbacher required dismissal/abatement	Trial court lacked jurisdiction / indispensable party missing because Sandra was not named or served	Notice to vacate was properly mailed to the premises and to "occupants," no indispensable-party defect preserved or shown	Court: Issue not preserved; even on merits Sandra not shown indispensable; no jurisdictional defect — overruled
Whether Fannie Mae proved right to possession via "tenancy at sufferance" and privity	Fannie Mae lacked proof to invoke deed-of-trust tenancy language and was not in privity with lienholder	Fannie Mae produced substitute trustee’s deed showing foreclosure purchase, deed of trust creating tenant-at-sufferance relationship, and notices to vacate — enough for superior right to possession	Court: Fannie Mae met burden; tenancy-at-sufferance and substitute trustee’s deed sufficed without resolving title — overruled

Browning v. Placke, 698 S.W.2d 362 (Tex. 1985) (absence of a party rarely renders judgment void for lack of jurisdiction)
Haney Elec. Co. v. Hurst, 624 S.W.2d 602 (Tex. Civ. App.—Dallas 1981) (definition of indispensable party)
Rice v. Pinney, 51 S.W.3d 705 (Tex. App.—Dallas 2001) (forcible detainer requires only sufficient proof of superior right to immediate possession, not title)
Trimble v. Fed. Nat’l Mortgage Ass’n, 516 S.W.3d 24 (Tex. App.—Houston [1st Dist.] 2017) (mailing notice to property addressed to occupants raises presumption of delivery)
Lenz v. Bank of America, 510 S.W.3d 667 (Tex. App.—San Antonio 2016) (deed-of-trust tenancy-at-sufferance can establish right to possession after foreclosure without resolving title)
Clarkson v. Deutsche Bank Nat’l Trust Co., 331 S.W.3d 837 (Tex. App.—Amarillo 2011) (foreclosure, substitute trustee’s deed, and notice to vacate support right to possession)
Villalon v. Bank One, 176 S.W.3d 66 (Tex. App.—Houston [1st Dist.] 2004) (landlord-tenant relationship from deed of trust provides basis to determine possession without resolving wrongful foreclosure)
Harrell v. Citizens Bank & Trust Co., 296 S.W.3d 321 (Tex. App.—Texarkana 2009) (foreclosure pursuant to deed of trust establishes landlord-tenant-at-sufferance relationship)