Steven Armbruster v. Deutsche Bank National Trust Company and Juanita Strickland, 03-15-00382-CV

Armbruster borrowed $151,000 in 2004 from New Century and executed a promissory note and deed of trust securing real property in Round Rock, TX.
New Century assigned the note to Deutsche Bank National Trust Company, as Indenture Trustee for New Century Home Equity Loan Trust 2004-2; Deutsche Bank holds the indorsed original note.
New Century’s servicing business was sold in 2007 in bankruptcy to Carrington Mortgage Services, LLC; limited powers of attorney from New Century, its liquidating trustee, and Deutsche Bank authorize Carrington to act as mortgage servicer and attorney-in-fact.
Carrington sent notices of default, acceleration, and foreclosure; Deutsche Bank purchased the property at the foreclosure sale.
Armbruster sued claiming the foreclosure was void (challenging the assignment and Carrington’s authority); the trial court granted appellees’ traditional and no-evidence summary judgment.
On appeal Armbruster argues, for the first time, that the summary-judgment record does not show Carrington was the servicer; appellees contend that issue was waived and the evidence conclusively establishes Carrington’s servicer status.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether appellant can raise on appeal that Carrington was not the mortgage servicer when that issue was not presented to the trial court	Armbruster contends the record lacks evidence that Carrington was the servicer, so summary judgment should be reversed	Appellees argue the servicer issue was not raised in writing or at the hearing and is therefore waived under Tex. R. Civ. P. 166a(c)	Issue is waived — appellant failed to present it to the trial court in written response or at hearing
Whether the summary-judgment evidence shows Carrington was the mortgage servicer	Armbruster asserts there is insufficient evidence in the summary-judgment record establishing Carrington as servicer	Appellees point to bankruptcy sale approval, limited powers of attorney, Deutsche Bank’s authorization, Carrington’s sworn testimony, and Carrington’s default/acceleration/notice letters	The record conclusively shows Carrington serviced the loan; appellees entitled to summary judgment (trial court’s judgment should be affirmed)

Bradley v. State ex rel. White, 990 S.W.2d 245 (Tex. 1999) (summary judgment affirmed if any ground in motion supports judgment)
Nixon v. Mr. Prop. Mgmt. Co., 690 S.W.2d 546 (Tex. 1985) (movant’s burden on traditional summary judgment)
McConnell v. Southside Indep. Sch. Dist., 858 S.W.2d 337 (Tex. 1993) (non-movant must expressly present issues in written response to avoid waiver)
City of Houston v. Clear Creek Basin Authority, 589 S.W.2d 671 (Tex. 1979) (appellate review of issues actually presented to trial court)
Travis v. City of Mesquite, 830 S.W.2d 94 (Tex. 1992) (issues not presented to trial court by written motion/answer/response cannot be raised on appeal)