Opinion
No. 05-09-00980-CV
Opinion Filed February 7, 2011.
On Appeal from the County Court at Law No. 5, Dallas County, Texas, Trial Court Cause No. 09-04499-E.
Before Justices FITZGERALD, LANG-MIERS, and FILLMORE.
MEMORANDUM OPINION
Appellant Eric Sanders appeals the trial court's judgment in favor of appellee American Home Mortgage Servicing as Successor in Interest to Deutsche Bank National Trust Company, as Trustee, in Trust for the Benefit of the Certificateholders for Argent Securities Trust 2004-W4, Asset-Backed Pass-Through Certificates, Series 2004-W4 (American Home Mortgage) in this forcible entry and detainer lawsuit. In two points of error, Sanders contends the trial court erred because the deed failed to support American Home Mortgage's claim of title to the property and because there was no evidence that Sanders continued to occupy the property after proper demand to vacate. Because all dispositive issues are well settled in law, we issue this memorandum opinion. See Tex. R. App. P. 47.2(a), 47.4. The trial court's judgment is affirmed.
Background
American Home Mortgage brought a forcible entry and detainer action against Sanders in Justice of the Peace Court. Judgment was granted in favor of American Home Mortgage. Sanders appealed the justice court decision to the county court. After a trial de novo, the trial court's judgment awarded possession of the property to American Home Mortgage. Sanders appeals the trial court's judgment.
Discussion
In his first point of error, Sanders contends the trial court erred in granting judgment in favor of American Home Mortgage, because the deed tendered to the trial court was not sufficient to support a prima facie claim of title by American Home Mortgage. Sanders asserts there was no evidence to support American Home Mortgage's claim of being a successor in title to the grantee in the substitute trustee's deed and, therefore, the trustee's deed was not sufficient to support a prima facie claim of superior right to possession by American Home Mortgage.
In a legal-sufficiency or no-evidence review, we consider the evidence in the light most favorable to the challenged finding and indulge every reasonable inference that would support it. City of Keller v. Wilson, 168 S.W.3d 802, 822 (Tex. 2005); In re C.A.T., 316 S.W.3d 202, 206 (Tex. App.-Dallas 2010, no pet.). We must credit favorable evidence if a reasonable factfinder could and disregard contrary evidence unless a reasonable factfinder could not. See City of Keller, 168 S.W.3d at 827. We must determine whether the evidence at trial would enable reasonable and fair-minded people to find the fact at issue. See id.
The only issue in a forcible detainer action is which party has the right to immediate possession of the property. Rice v. Pinney, 51 S.W.3d 705, 709 (Tex. App.-Dallas 2001, no pet.); Tex. R. Civ. P. 746 (in forcible entry or forcible detainer, only issue shall be as to right to actual possession, and merits of title shall not be adjudicated). Without objection from Sanders, the trial court admitted into evidence the (i) appointment of substitute trustee, (ii) substitute trustee's deed, and (iii) affidavit in support of eviction with attached appointment of substitute trustee, substitute trustee's deed, and notices to Sanders and other occupants of the property to vacate. The affidavit contains the following testimony:
On March 3, 2009, the lien securing the property located at 4442 Laredo Drive, Grand Prairie Drive [sic], Texas 75052 was foreclosed by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS FOR ARGENT SECURITIES TRUST 2004-W4, ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2004-W4. . . . DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS FOR ARGENT SECURITIES TRUST 2004-W4, ASSET-BACKED PASS-THROUGH CERTIFICATES SERIES 2004-W is the owner of the property which was serviced by CitiResidential Lending, Inc. As of February 11, 2009, CitiResidential Lending, Inc. service released the loan to American Home Mortgage. American Home Mortgage is successor in interest to CitiResidential Lending, Inc., as servicer and attorney in fact for DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS FOR ARGENT SECURITIES TRUST 2004-W4, ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2004-W4.
The evidence was sufficient to establish American Home Mortgage's right to immediate possession of the property. See Williams v. Bank of New York Mellon, 315 S.W.3d 925, 927 (Tex. App.-Dallas 2010, no pet.). We overrule Sanders's first point of error.
In his second point of error, Sanders contends the trial court erred in granting judgment because no evidence was offered by American Home Mortgage that Sanders continued to occupy the property after demand was made that he vacate. We disagree. The affidavit in support of eviction admitted into evidence contains testimony that after the notices to vacate were sent to Sanders and other occupants of the property, they "failed to vacate the Property so the Forcible Entry and Detainer action was commenced." We overrule Sanders's second point of error.
Conclusion
We affirm the trial court's judgment.