Wells Fargo Bank, N.A. v. Ezell
410 S.W.3d 919
| Tex. App. | 2013Background
- Joann and Keith Ezell purchased 2400 Saddlewood Ct. with a loan secured by a deed of trust that included a provision creating a landlord-tenant relationship upon a foreclosure sale and requiring occupants to surrender possession.
- The loan and lien were assigned to Wells Fargo, which foreclosed after the Ezells defaulted and purchased the property at the foreclosure sale (substitute trustee’s deed admitted).
- Wells Fargo sent a written notice to vacate; the Ezells did not vacate.
- Wells Fargo obtained a default judgment for possession in justice court; the Ezells appealed to the county court at law, which after hearing awarded possession to the Ezells.
- Wells Fargo appealed the county court’s judgment, arguing it had established its superior right to immediate possession as a matter of law based on deed language, substitute trustee’s deed, notice to vacate, and testimony that the Ezells refused to leave.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Who has right to immediate possession in forcible detainer | Wells Fargo: has superior right because it purchased at foreclosure, gave notice, and deed creates landlord-tenant relationship | Ezells: challenged possession award and referenced a purported wrongful-foreclosure suit/TRO (not in record) | Court of appeals: Wells Fargo entitled to possession as a matter of law |
| Whether title issues bar forcible detainer jurisdiction | Wells Fargo: title merits not required; landlord-tenant relationship governs possession | Ezells: implied that title dispute/TRO might invalidate sale and affect possession | Court: no evidence tying sale to a TRO; title issues not so intertwined to divest jurisdiction |
| Sufficiency of evidence for notice and refusal to vacate | Wells Fargo: submitted substitute trustee’s deed and business-record affidavit of notice; Ezells refused to leave per testimony | Ezells: contested circumstances but produced no documentary TRO/petition | Court: documentary evidence + testimony sufficient to establish notice and refusal |
| Whether county court erred in awarding possession to Ezells | Wells Fargo: county court erred because record shows superior right in Wells Fargo | Ezells: county court concluded Ezells entitled to possession | Court: reversed county court, rendered judgment awarding possession to Wells Fargo |
Key Cases Cited
- Villalon v. Bank One, 176 S.W.3d 66 (Tex. App.—Houston [1st Dist.] 2004) (a purchaser at foreclosure with landlord-tenant relationship may be entitled to possession in forcible detainer without adjudicating title)
- Morris v. Am. Home Mortgage Servicing, Inc., 360 S.W.3d 32 (Tex. App.—Houston [1st Dist.] 2011) (purchaser at foreclosure establishes superior right to immediate possession by showing landlord-tenant relationship, purchase at foreclosure, proper notice, and refusal to vacate)