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21st Century Home Mortgage v. City of El Paso

The trial court did not abuse its discretion by denying the motion for new trial, because the evidence contradicted 21st Century Home Mortgage's assertions that it did not know it was a party to the suit. El Paso Court of Appeals, No. 08-06-00189-CV.

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OPINION

This appeal is from a tax delinquency suit brought by the City of El Paso (“the City”). The trial court entered a default judgment in the City’s favor and 21st Century Home Mortgage (“21st Century”) filed a motion for new trial. The trial court denied the motion. 21st Century presents three issues for review: (1) whether the trial court should have granted the motion for new trial for good cause; (2) whether 21st Century Mortgage satisfied the requirements outlined in Craddock v. Sunshine Bus Lines, Inc.; and (3) whether the trial court should have granted a new trial because the damages assessed against 21st Century in the default judgment were manifestly too large.

21st Century Mortgage Company was the mortgage lienholder on a mobile home owned by Robert and Romelia Dickson, of El Paso. In August 2001, the Dicksons defaulted on the mortgage and 21st Century peacefully repossessed the property. The mortgage company re-sold the home to a buyer in New Mexico in 2002.

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