Trimble v. Federal National Mortgage Association, 01-15-00921-CV (TexApp Dist 12/20/2016)
Appellee purchased real property sold at a foreclosure sale after the original owners of the property, who subsequently assigned their rights to appellant, defaulted on their mortgage. After the owners refused to vacate the property, appellee filed a forcible detainer action to remove them. The trial court issued an order granting summary judgment for appellee and granting a writ of possession of the property. There are at least two rights at issue when a mortgagee defaults on his financial obligations: a right to title to the property and a right to possession. The justice court's determination "of possession in a forcible detainer action is a determination only of the right to immediate possession of the premises[.]" Appellee needed to demonstrate a superior right to immediate possession by establishing that: (1) it has a landlord-tenant relationship with the borrower; (3) it purchased the property at foreclosure; (3) it gave proper notice to the occupants to vacate; and (4) the occupants refused to vacate. Appellant challenged the first and third elements on appeal. Here, a deed of trust between the parties created a landlord-tenant relationship between the purchaser at the foreclosure and appellant. Further, appellee mailed notice to appellant via both certified mail with return receipt requested and first-class mail, both notices were properly address and there was no evidence that the first-class-mail envelope was not delivered to the premises. Accordingly, appellee satisfied that it had superior right to the property and the trial court's judgment was affirmed.
Trimble v. Federal National Mortgage Association, Houston 1st Court of Appeals, Case No.: 01-15-00921-CV, 12/20/2016
Your article was successfully shared with the contacts you provided.
This premium content is locked for Texas Lawyer subscribers only.
Subscribe now to enjoy unlimited access to Texas Lawyer content,
5 free articles* across the ALM Network every 30 days,
Exclusive access to other free ALM publications
And exclusive discounts on ALM events and publications.
*May exclude premium content Already have an account? Sign In Now
Interested in customizing your subscription with Law.com All Access?
Contact our Sales Professionals at 1-855-808-4530 or send an email to email@example.com to learn more.
Pasternack Tilker Ziegler Walsh Stanton & Romano L.L.P.
551 5th Avenue
Presented by BigVoodoo
ALM Legal Publication Newsletters
Sign Up Today and Never Miss Another Story.
As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters.
Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss.
Tailored just for you. In your inbox. Every day.