Court of Appeals of Texas, Ninth District, Beaumont
BRIAN W. JUSTICE, Appellant
WELLS FARGO BANK, NATIONAL ASSOCIATION, ON BEHALF OF THE REGISTERED HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I TRUST 2007-AC2, ASSET-BACKED CERTIFICATES, SERIES 2007- V2, Appellee
Submitted on October 22, 2019
Appeal from the 410th District Court Montgomery County, Texas
Trial Cause No. 18-05-06155-CV
McKeithen, C.J., Kreger and Johnson, JJ.
Brian W. Justice appeals the trial court's summary
judgment in favor of Appellee Wells Fargo, National
Association, on Behalf of the Registered Holders of Bear
Stearns Asset Backed Securities I Trust 2007-AC2,
Asset-Backed Certificates, Series 2007-AC2 ("Wells
Fargo"). We affirm.
11, 2018, Wells Fargo filed its original petition, stating a
claim against Justice for breach of contract and judicial
foreclosure on the property located at 10503 E. Wild Wind
Circle in The Woodlands ("the property"). The
petition alleged that Justice had defaulted on the promissory
note on the property and Wells Fargo was the holder of the
note. Wells Fargo also asserted that, under the terms of the
note, it could recover unpaid principal and accrued interest,
late charges, and lender's costs of collection, including
reasonable attorney's fees.
filed two pro se answers, generally denying the allegations.
The answers indicate that Justice's address is:
10503 E. WildWind Cir.
The Woodlands, Tx 77380
clerk's record also includes a copy of the envelope
Justice used to mail one of the answers, and it reflects a
return address of:
P.O. Box 30413
Fort Lauderdale, FL 33303
trial court sent the parties a scheduling order on July 26,
2018, setting the case for trial on May 28, 2019, and
ordering that all motions for summary judgment should be
filed forty-five days before trial. The scheduling order
reflected that it was sent to Justice via email, and to the
Woodland's address for Justice.
Fargo's Motion for Summary Judgment
October 29, 2018, Wells Fargo filed a traditional motion for
summary judgment. In its motion, Wells Fargo argued that it
was entitled to summary judgment because it was the legal
holder of the promissory note that Justice executed, Justice
had defaulted on the note, the note was secured by a deed of
trust, and that Wells Fargo sent Notice of Acceleration to
Justice. The following exhibits were attached in support of
Wells Fargo's motion:
• A "Texas Home Equity Note" executed by
Justice in December 2006 payable to Maverick Residential
Mortgage, Inc. ("Maverick") and a "Texas Home
Equity Security Instrument" giving Maverick a secured
interest in the property. The Texas Home Equity Security
Instrument reflected that Mortgage Electronic Registration
Systems, Inc. ("MERS") is the nominee for the
lender and the lender's successors and assigns, and MERS
is the beneficiary under the security instrument.
• An affidavit of Monica Vongdara, a Document Control
Officer for Select Portfolio Servicing, Inc.
("SPS"), which was the servicer for the loan. In
her affidavit, Vongdara attested that Wells Fargo is the
current holder of Justice's note on the property.
• An Assignment of Note and Deed of Trust executed in
September 2008, in which MERS assigned the deed of trust to
Wells Fargo Bank, National Association, as Trustee for
Certificateholders of Bear Stearns Asset Backed Securities I
LLC, Asset Backed Certificates, Series 2007-AC2, and the
markings on ...