US Bank, NA v. Watson
2012 Mo. App. LEXIS 1391
Mo. Ct. App.2012Background
- Watson executed a deed of trust encumbering the property on Oct 8, 2002 and defaulted on the promissory note.
- Foreclosure occurred; the successor trustee conducted a trustee sale on Aug 31, 2010 and US Bank purchased the property.
- The successor trustee deeded the property to US Bank on Sept 1, 2010.
- US Bank filed unlawful detainer after Watson refused to surrender possession; trial court granted summary judgment, then Watson sought trial de novo and the court granted a second summary judgment in favor of US Bank.
- Watson argued the trial court should have considered a prior quiet-title judgment; statute limits in unlawful detainer prevent consideration of title or equitable defenses.
- The appellate court held the trial court was statutorily barred from considering the prior adjudication and affirmed summary judgment in favor of US Bank.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether prior title adjudication affects unlawful detainer possession | Watson argues prior quiet-title judgment creates material fact | US Bank argues title issues are not relevant here | Prior adjudication not considered; judgment affirmed |
Key Cases Cited
- State ex rel. Deutsche Bank Nat. Trust Co. v. Chamberlain, 372 S.W.3d 24 (Mo.App. W.D.2012) (unlawful detainer decides possession; no merits of title)
- Walker v. Anderson, 182 S.W.3d 266 (Mo.App. W.D.2006) (unlawful detainer limited to immediate possession; no equity)
- Central Bank of Kansas City v. Mika, 36 S.W.3d 772 (Mo.App. W.D.2001) (no title/defenses in unlawful detainer)
- Vatterott v. Kay, 672 S.W.2d 733 (Mo.App. E.D.1984) (allowed consideration of prior adjudications only in specific circumstances)
- Bach v. McGrath, 982 S.W.2d 734 (Mo.App. E.D.1998) (limits on equitable defenses in unlawful detainer)
- JP Morgan Chase Bank v. Tate, 279 S.W.3d 236 (Mo.App. E.D.2009) (outlines elements for unlawful detainer after foreclosure)