United States District Court, N.D. Texas, Fort Worth Division
MEMORANDUM OPINION AND ORDER
McBRYDE United States District Judge
action is before the court as an appeal from a judgment of
the United States Bankruptcy Court for the Northern District
of Texas, Fort Worth Division, the Honorable Russell F.
Nelras presiding. Having considered the briefs of appellant,
Mojtaba Bonakdar, and appellee, Ruby Ramos (hereinafter
"debtor"), the record on appeal, and applicable
authorities, the court finds that the bankruptcy court's
judgment should be affirmed.
an appeal from a bankruptcy court judgment signed November
30, 2017. This court's jurisdiction exists under 2 8
U.S.C. § 158(a).
8, 2009, debtor and her husband signed a real estate lien
note in the principal amount of $85, 000.00 for the purchase
of property at 4026 Moonlight Court, Arlington, Texas (the
"property"). Doc. 8-2 at PagelD 200. The note was
due and payable to appellant in 36 equal monthly installments
of $799.94, including principal and accrued interest, with
the first installment due June 1, 2009, and continuing on the
first day of each month through May 1, 2012, when all unpaid
principal and interest would be due and payable in full.
Id. The note was secured by a deed of trust signed
the same day. Id. at PagelD 196-99. In return,
appellant executed a warranty deed with vendor's lien.
Id. at PagelD 201-02.
March 2017, appellant attempted to foreclose the lien on the
property and debtor filed her Chapter 13 voluntary petition.
On May 24, 2017, debtor filed the above-referenced adversary
proceeding to determine the validity of any liens against the
property. She alleged that the note had matured on May 1,
2012, and that the time for enforcing the lien had expired.
Adv. Doc.1. Appellant filed an answer to the
adversary asserting as an affirmative defense that debtor was
"precluded from asserting some or all of the claims
and/or obtaining some or all of the relief requested . . .
because the claims [were] barred by Debtor's
acknowledgement of the secured debt." Adv. Doc. 6 at 2,
¶ 12. Appellant did not assert a counterclaim.
bankruptcy court tried the adversary proceeding on November
21, 2017. Doc. 8-2 at PagelD 299. At the beginning of the
proceeding, the bankruptcy court accepted and signed the
joint pretrial order, Adv. Doc. 15. Doc. 802 at PagelD 304.
Pertinent to this appeal, the parties stipulated that: The
note matured on May 1, 2012, and the entire remaining balance
became due and payable. Adv. Doc. 15 at 2, ¶ 5. Debtor
continued to submit money orders to appellant for fifty-eight
additional months. Id. at ¶ 6. The money orders
were signed by debtor and bore statements such as
"payment for December" and "house
payment." Id. at ¶ 7. Before debtor's
bankruptcy filing, her husband executed a deed giving any
rights he had in the property to debtor. Id. at
¶ 9. Debtor listed appellant as a secured creditor in
her Chapter 13 filing. Id. at ¶ 10.
hearing the testimony of debtor and appellant, the bankruptcy
judge stated his findings of fact and conclusions of law into
the record. Doc. 8-2 at PageID 2 91-97. On November 30, 2017,
he signed the judgment in favor of debtor. Adv. Doc. 18.
Appellant filed a motion for new trial, which was denied.
Adv. Doc. 37.