Robinson Cabrera v. Captex Bank F/K/A the First National Bank of Trenton
07-24-00031-CV
Tex. App.Dec 9, 2024Background
- Robinson Cabrera executed a loan with Captex Bank, secured by a deed of trust on property in Denton County, Texas, in August 2018.
- Cabrera and Graca defaulted on the loan in October 2018, and after repeated notices and failed attempts to cure the default, Captex foreclosed on January 3, 2023.
- Captex acquired the property as the highest bidder at foreclosure; a foreclosure deed was recorded in its name.
- Cabrera sued Captex, alleging the foreclosure was improper due to an oral promise to postpone the sale by 60 days, asserting claims for trespass to try title, promissory estoppel, fraud, and wrongful foreclosure.
- The trial court granted Captex’s motion for summary judgment, finding the foreclosure sale proper and denying Cabrera’s request for continuance and evidentiary objections.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Summary Judgment on Trespass to Try Title/Quiet Title | Captex didn’t address new claim in summary judgment motion | Trespass/quiet title claim duplicates original claims and facts | Summary judgment evidence was broad enough to encompass claim |
| Denial of Continuance | Needed more time to get discovery (audio recording, deposition) | Motion was unverified, lacked diligence or consent | No abuse of discretion; unverified, insufficient request |
| Admission of Captex’s Evidence | Affidavit/records not competent as business records | Witness qualified; records admissible under business records rule | No abuse of discretion; affidavit admissible under exception |
| Promissory Estoppel Exception to Statute of Frauds | Oral contract to postpone foreclosure enforceable | No evidence of written agreement or consideration | Exception not met; no evidence of writing or consideration; claim barred |
Key Cases Cited
- BMC Software Belg., N.V. v. Marchand, 83 S.W.3d 789 (Tex. 2002) (sets abuse of discretion standard for reviewing continuances)
- Gharda USA, Inc. v. Control Solutions, Inc., 464 S.W.3d 338 (Tex. 2015) (discusses standard for evidentiary rulings)
- Moore Burger, Inc. v. Phillips Petroleum Co., 492 S.W.2d 934 (Tex. 1972) (requirements for promissory estoppel exception to statute of frauds)
- In re E.A.K., 192 S.W.3d 133 (Tex. App.—Houston [14th Dist.] 2006) (witness qualifications for business records exception)