411 S.W.3d 926
Tex. App.2013Background
- In 2005 Michael and Colleen Murray took a mortgage from Home Loan Company d/b/a Expanded Mortgage Credit (HLC) and granted a deed of trust on their Fort Worth home.
- Deed of trust required occupants to surrender possession to a purchaser after a foreclosure sale; failure to do so creates a tenancy at sufferance and permits forcible detainer.
- On December 7, 2010, HLC appointed Janae Urbanczyk as substitute trustee and the property was sold at foreclosure to U.S. Bank (trustee for Credit Suisse First Boston HEAT 2006-3).
- Bank served a three-day notice to vacate; when the Murrays did not leave, the Bank obtained a writ of possession in justice court based on the trustee’s deed, deed of trust, and notice to vacate.
- The Murrays appealed to the county court at law; after a de novo hearing the county court affirmed the writ. The Murrays challenged on appeal the sufficiency of evidence showing the substitute trustee was duly appointed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bank proved superior right to immediate possession | Murray: Bank failed to prove substitute trustee was properly authorized, so trustee’s deed/title is defective and no tenancy at sufferance arose | Bank: Presentment of trustee’s deed, deed of trust, and notice to vacate suffices; Murray is improperly trying to litigate title in a possession proceeding | County court’s writ affirmed: evidence (trustee’s deed, deed of trust, notice) meets forcible detainer threshold absent specific evidence of a title dispute |
Key Cases Cited
- Rice v. Pinney, 51 S.W.3d 705 (Tex. App.—Dallas 2001) (forcible detainer limited to possession; justice courts lack jurisdiction to adjudicate title)
- Scott v. Hewitt, 90 S.W.2d 816 (Tex. 1936) (policy against converting forcible detainer into protracted title litigation)
- In re King’s Estate, 244 S.W.2d 660 (Tex. 1951) (no-evidence standard: affirm if any evidence of probative force exists)
- Shutter v. Wells Fargo Bank, N.A., 318 S.W.3d 467 (Tex. App.—Dallas 2010) (presentation of trustee’s deed, deed of trust, and vacancy notice can suffice in forcible detainer)
- Williams v. Bank of N.Y. Mellon, 315 S.W.3d 925 (Tex. App.—Dallas 2010) (same principle on evidentiary sufficiency in possession proceedings)