MARK ANTHONY FORNESA; JUDY THANH FORNESA; RICARDO FORNESA, JR.; AND CYNTHIA FORNESA, Appellants
FIFTH THIRD MORTGAGE COMPANY, Appellee
Appeal from the County Court at Law No 1 Fort Bend County,
Texas Trial Court Cause No. 17-CCV-060874
consists of Justices Wise, Zimmerer, and Spain.
an eviction case from a residence; it arises out of a
forcible-detainer proceeding in the justice court.
See Tex. Prop. Code Ann. §§ 24.002, .004.
After a bench trial, the justice court (1) found pro se
defendants "Mark Anthony Fornesa; Cynthia Fornesa and
All Occupants of 6427 Moreland Lane, Rosenberg Tx 77469"
guilty of forcible detainer and (2) awarded possession of
6427 Moreland Lane, Rosenberg, Texas 77469 to plaintiff Fifth
Third Mortgage Company. Fifth Third Mortg. Co. v.
Fornesa, No. 17-JEV12-12288 (J.P. Ct. Precinct 1, Pl. 2,
Fort Bend Co., Tex. Sept 12, 2017). The judgment authorized a
writ of possession. See Tex. Prop. Code Ann. §
Fornesa, Jr., a non-lawyer, filed a notice of appeal on
behalf of Mark Anthony Fornesa, Judy Thanh Fornesa, and
Occupants Ricardo Fornesa, Jr. and Cynthia
Fornesa. See Tex. R. Civ. P. 506.1. The
case was tried de novo in the county court. See Tex.
R. Civ. P. 506.3.
trial, plaintiff Fifth Third Mortgage Company offered without
legal objection, and the court admitted, the following
(1) foreclosure-sale deed (grantors Mark Anthony, Judy Thanh;
mortgagee Fifth Third Mortgage Company);
(2) deed of trust;
(3) business records affidavit of notices to vacate the
(4) memorandum findings of fact and conclusion of law in
Fornesa v. Fifth Third Mortg. Co., No. 4:15-CV-02094
(S.D. Tex. Mar. 23, 2017) ((a) voiding January 28, 2015 [sic]
quitclaim deed from Mark Anthony and Judy Thanh to Ricardo
and Cynthia and (b) rejecting argument that foreclosure
proceeding violated 11 U.S.C. § 362 bankruptcy stay).
only defendant to appear at trial was Ricardo, who offered,
and the court admitted, the following exhibits:
(A) declaration of Philip Danaher filed in Fornesa v.
Fifth Third Mortg. Co., No. 4:15-CV-2094 (S.D. Tex. Mar.
(B) notice of bankruptcy filing In re Fornesa, No.
12-37238 (Bankr. S.D. Tex.);
(C) January 8, 2015 quitclaim deed from Mark Anthony and Judy
Thanh to Ricardo and Cynthia;
(D) sales history report page from Fifth Third ...