Appeal from the County Court at Law No. 3 Galveston County,
Texas Trial Court Case No. CV-0081892
consists of Chief Justice Radack and Justices Goodman and
forcible detainer action, the trial court rendered a final
judgment of possession in favor of Federal National Mortgage
Association. Mark Trimble, who currently is in possession of
the property, appeals, contending that the trial court erred
in denying his motion to dismiss the Association's suit.
Association filed a forcible detainer action in the justice
court and obtained a judgment of possession. Trimble appealed
from that judgment to the county court, which tried the issue
of possession de novo.
county court, Trimble moved to dismiss the Association's
suit based on non-compliance with Rule 736.11 of the Rules of
Civil Procedure in the underlying foreclosure. Because the
foreclosure was void due to non-compliance with the rule,
Trimble argued, the Association's forcible detainer
action must be dismissed.
county court denied Trimble's motion to dismiss, and then
heard the Association's claim for possession. Without
objection, the Association introduced into evidence a
mortgage instrument, substitute trustee's deed, and
notice to vacate the premises. The mortgage required the
borrowers and anyone in possession to surrender possession of
the property in the event of a foreclosure sale, and it
provided that failure to surrender possession would render
any occupiers tenants at sufferance subject to removal by
writ of possession. The substitute trustee's deed showed
that the Association had bought the property at a foreclosure
sale. The notice showed that the Association demanded that
Trimble vacate the property.
county court entered a final judgment of possession in the
Association's favor. Trimble appeals from that judgment.
and possession are distinct. Foreclosure results in the
transfer of title to real property but does not place the new
owner in possession. Coinmach Corp. v. Aspenwood Apt.
Corp., 417 S.W.3d 909, 918 (Tex. 2013). To remove a
tenant at sufferance, the new owner must file a forcible
detainer action. Id.
lone issue in a forcible detainer action is the right to
possession. Id. at 919. The action solely decides
who has the right to immediate possession, not the merits of
foreclosure or the right to title. See id. at
919-20; Isaac v. CitiMortgage, 563 S.W.3d 305,
310-11 (Tex. App.-Houston [1st Dist.] 2018, pet. denied).
prevail in a forcible detainer action, a plaintiff who
purchased the property at ...