Court of Appeals of Texas, Second District, Fort Worth
THE 342ND DISTRICT COURT OF TARRANT COUNTY TRIAL COURT NO.
SUDDERTH, C.J.; MEIER and GABRIEL, JJ.
MEMORANDUM OPINION 
SUDDERTH CHIEF JUSTICE
basis of this appeal by Appellant Amir Foad John Aflatouni
aka Jonathan Aflatouni is that his property interest was
erroneously extinguished through a wrongful foreclosure.
Because our sister court has already decided the wrongful
foreclosure issue, see Grapevine Diamond, L.P. v. City
Bank, No. 05-14-00260-CV, 2015 WL 8013401, at *5-7 (Tex.
App.-Dallas Dec. 7, 2015, pets. denied) (mem. op. on
reh'g), cert. denied, 137 S.Ct. 250 (2016), we
affirm the trial court's summary judgment for Appellee
Enclave at Grapevine, L.P., a Texas Limited Partnership.
is the twice-removed purchaser of real property that was
foreclosed upon in 2011. Aflatouni, the property's
original owner, retained a vendor's lien when he sold the
property to Grapevine Diamond L.P. (GDLP) in 2007. See
id. at *1. Aflatouni's vendor's lien was
subordinated to the interest of City Bank, which had loaned
GDLP $6, 375, 000 to buy the property. See id.
GDLP subsequently borrowed an additional $150, 000 from City
Bank, and there were loan modification agreements in 2008 and
2009, the details of which are not before us. See
defaulted and then filed for bankruptcy in 2010. Id.
at *2. In its bankruptcy petition and related documents, GDLP
listed the property as an asset valued at $2 million, with a
$7 million corresponding "Amount of Secured Claim"
(of which $5 million was also listed as unsecured), listed
City Bank as a creditor with a deed of trust, and listed
Aflatouni as an unsecured creditor with a $3.5 million
nonpriority claim. Id.
November 2010, the bankruptcy court granted relief to City
Bank from the automatic stay in GDLP's case, finding that
the balance due City Bank was $6, 732, 506.86, secured by a
first lien deed of trust, that the value of the property was
insufficient to provide City Bank with adequate protection,
and that GDLP had no equity in the collateral. Id.
Four days before City Bank issued its December 10, 2010
notice of trustee's sale, Aflatouni filed a bankruptcy
petition under chapter 13. See id.
foreclosure sale occurred on January 4, 2011, and as noted by
the Dallas court, the automatic stay in Aflatouni's
chapter 13 bankruptcy case was in effect at the time of the
sale. See id. City Bank bought the property at the
foreclosure sale for $3 million. See id. at *1-2.
Less than two weeks later, Aflatouni's bankruptcy case
was dismissed because he had failed to file the required
documentation. Id. at *2.
Bank sued GDLP's guarantors in Collin County for the
deficiency between the foreclosure sale price and GDLP's
remaining indebtedness. See id. at *1-2.
Third-party claims were brought against GDLP and Aflatouni,
and they, in turn, asserted cross-claims against City Bank
for wrongful foreclosure, breach of contract, and several
causes of action regarding title to the property.
Id. at *2, *5. In the meantime, SPK Land
Acquisition, LLC purchased the property from City Bank on
September 29, 2011, and SPK sold the property to Enclave on
October 5, 2012.
the Collin County suit was resolved in City Bank's favor
on summary judgment in January 2014, Aflatouni and GDLP
appealed to the Dallas Court of Appeals. Id. at *1-2
& n.2. In July 2014, the Dallas court abated the appeal
because Aflatouni had another pending chapter 11 bankruptcy
case. The bankruptcy court subsequently lifted the stay as to
the appeal, and the Dallas court reinstated the case in
the appeal remained pending in Dallas, Aflatouni and GDLP
filed suit in Tarrant County against Enclave. In their
original petition, Aflatouni and GDLP complained that title
to the property via foreclosure was void based on the
violation of the automatic stay in Aflatouni's chapter 13
bankruptcy case. They brought claims for trespass to try
title and slander of title and sought to quiet title, to
remove cloud from title, and to file a corrective document in
the public real property records. On December 2, 2015, the
trial court entered an agreed abatement order to await the
Dallas appeal's resolution.
Dallas appeal, several of Aflatouni and GDLP's issues
pertained to challenging the foreclosure sale based on the
alleged violation of Aflatouni's bankruptcy stay.
Id. at *1. The court affirmed the trial court's
summary judgment for City Bank. Id. The supreme
court denied petition for review on April 1, 2016, ...