United States District Court, N.D. Texas, Fort Worth Division
MEMORANDUM OPINION AND ORDER
T. PITTMAN UNITED STATES DISTRICT JUDGE
the Court is Defendant Specialized Loan Servicing, LLC; A
Delaware Limited Liability Company's (“SLS”)
Motion for Summary Judgment (ECF No. 25). Having considered
the motion, related briefing, and applicable law, the Court
finds that Defendant's Motion for Summary Judgement
should be and is hereby GRANTED in part and DENIED in
part. Plaintiff FFGGP, Inc., a Delaware Corporation
as Trustee for the Fairway Park 2775 Land Trust's
(“FFGGP”) claims are hereby DISMISSED
about September 8, 2010, Roger D. Freeman (now deceased)
(“Borrower”), executed and delivered to American
Southwest Mortgage Corp. (“American Southwest”) a
Texas Home Equity Note (“Note”) in the original
principal sum of eighty-four thousand dollars and zero cents
($84, 000.00). See Def.'s App. Supp. Mot. Summ.
J., Ex. A. Contemporaneously, the Borrower executed a Deed of
Trust in favor of American Southwest Mortgage Corp. See
Id. Ex. B. The Deed of Trust conveyed the Property with
power of sale. Id.
about March 18, 2015, Mortgage Electronic Registration
Systems, Inc. (“MERS”), as Nominee for American
Southwest, its successors and assigns, assigned the Deed of
Trust to Bank of America (BANA). See Id. Ex. D.
Borrower died on August 4, 2014. See id Ex. F. On
February 17, 2015, BANA sent the Estate of Roger D. Freeman a
Notice of Default and Intent to Accelerate based on its
failure to pay the January and February 2015 monthly mortgage
payments. See Id. Ex. I.
March 16, 2015, the Fairway Park Homeowners Association, Inc.
(“HOA”) filed a Notice of Lien (“HOA
Assessment Lien”) against the Property for nonpayment
of HOA dues. See Id. Ex. G. In its Complaint,
Plaintiff alleges that it acquired the Property under the HOA
Assessment Lien Deed. Pl.'s First. Am. Compl. at 2.
Estate of Roger D. Freeman failed to remit monthly mortgage
payments and the mortgage remained in default. On July 28,
2016, BANA sent the Estate of Roger D. Freeman a Notice of
Acceleration. See Def.'s App. Supp. Mot. Summ.
J., Ex. J.
November 9, 2016, BANA filed an Application for Foreclosure
under Texas Rule of Civil Procedure 735 to obtain an Order
for Foreclosure. On April 13, 2017, BANA assigned the Deed of
Trust to SLS. See Id. Ex. E.
March 15, 2018, the 96th Judicial District Court of Tarrant
County, Texas ordered “that Plaintiff, or its
successors or assigns in interest, in accordance with Texas
Constitution Article XVI, § 50a(6) shall enforce the
Note default by foreclosing the security interest encumbering
the Property pursuant to the Deed of Trust or Texas Property
Code § 51.002.” See id. Ex. C. This order
authorized SLS to foreclose on the Property. Id.
October 24, 2018, SLS sent the Estate of Roger D. Freeman a
second Notice of Acceleration and a Notice of Non-Judicial
Foreclosure Sale set for December 4, 2018. See Id.
Ex. K. Pursuant to the Notice of Non-Judicial Foreclosure
Sale, SLS foreclosed on December 4, 2018. See Id.
filed the underlying lawsuit against Defendant on August 27,
2018, in the 96th Judicial District Court for Tarrant County,
Texas. See Cause No. 096-302148-18. Defendant
removed the case to this Court on October 25, 2018.
See ECF No. 1. On August 18, 2019, Defendant filed a
motion for summary judgment (ECF No. 25), Plaintiff filed a
Response on August 28, 2010 (ECF No. 27), and Plaintiff filed
its reply on September 11, 2019 (ECF No. 28). This motion is
now ripe for review.
purpose of summary judgment is to isolate and dispose of
factually unsupported claims or defenses. See Celotex
Corp. v. Catrett, 477 U.S. 317, 327 (1986). Summary
judgment is proper if the pleadings, the discovery and
disclosure materials on file, and any affidavits
“[show] that there is no genuine dispute as to any
material fact and that the movant is entitled to judgment as
a matter of law.” Fed.R.Civ.P. 56(a). A dispute about a
material fact is genuine “if the evidence is such that
a reasonable jury could return a verdict for the nonmoving
party.” Anderson v. Liberty Lobby, Inc., 477
U.S. 242, 248 (1986). The trial court must resolve all
reasonable doubts in favor of the party opposing the motion