COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-11-00324-CV
PEDRO CHAVEZ GARCIA APPELLANT
V.
HSBC BANK APPELLEE
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FROM COUNTY COURT AT LAW NO. 2 OF DENTON COUNTY
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MEMORANDUM OPINION1
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In one issue, appellant Pedro Chavez Garcia appeals the trial court’s
award of possession of 4398 Republic Drive, Frisco, Texas to appellee HSBC
Bank. We will affirm the trial court’s judgment.
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See Tex. R. App. P. 47.4.
Background Facts
HSBC filed a petition for forcible detainer in the justice of the peace court.
A trial was held, and the court rendered judgment in favor of HSBC. Chavez
Garcia appealed to the county court, which tried the case de novo. See Tex. R.
Civ. P. 749, 751. The county court also rendered judgment in favor of HSBC.
Chavez Garcia now appeals to this court.
Forcible Detainer
In a forcible detainer action, the only issue the trial court determines is
whether the party seeking to obtain possession is entitled to actual and
immediate possession; the merits of whether a party has title may not be
determined. See Tex. R. Civ. P. 746; Black v. Wash. Mut. Bank, 318 S.W.3d
414, 416 (Tex. App.—Houston [1st Dist.] 2010, pet. dism’d w.o.j.); Williams v.
Bank of N.Y. Mellon, 315 S.W.3d 925, 927 (Tex. App.—Dallas 2010, no pet.).
Thus, questions over whether a sale of property in a deed of trust is invalid ―must
be brought in a separate suit.‖ Williams, 315 S.W.3d at 927; Rice v. Pinney,
51 S.W.3d 705, 710 (Tex. App.—Dallas 2001, no pet.). ―To prevail in a forcible
detainer action, a plaintiff is not required to prove title, but is only required to
show sufficient evidence of ownership to demonstrate a superior right to
immediate possession.‖ Rice, 51 S.W.3d at 709.
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Standard of Review
Chavez Garcia argues on appeal that the evidence was insufficient to
support the trial court’s finding that HSBC owned the property. We may sustain a
legal sufficiency challenge only when (1) the record discloses a complete
absence of evidence of a vital fact; (2) the court is barred by rules of law or of
evidence from giving weight to the only evidence offered to prove a vital fact;
(3) the evidence offered to prove a vital fact is no more than a mere scintilla; or
(4) the evidence establishes conclusively the opposite of a vital fact. Uniroyal
Goodrich Tire Co. v. Martinez, 977 S.W.2d 328, 334 (Tex. 1998), cert. denied,
526 U.S. 1040 (1999); Robert W. Calvert, “No Evidence” and “Insufficient
Evidence” Points of Error, 38 Tex. L. Rev. 361, 362–63 (1960). In determining
whether there is legally sufficient evidence to support the finding under review,
we must consider evidence favorable to the finding if a reasonable factfinder
could and disregard evidence contrary to the finding unless a reasonable
factfinder could not. Cent. Ready Mix Concrete Co. v. Islas, 228 S.W.3d 649,
651 (Tex. 2007); City of Keller v. Wilson, 168 S.W.3d 802, 807, 827 (Tex. 2005).
When reviewing an assertion that the evidence is factually insufficient to
support a finding, we set aside the finding only if, after considering and weighing
all of the evidence in the record pertinent to that finding, we determine that the
credible evidence supporting the finding is so weak, or so contrary to the
overwhelming weight of all the evidence, that the answer should be set aside and
a new trial ordered. Pool v. Ford Motor Co., 715 S.W.2d 629, 635 (Tex. 1986)
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(op. on reh’g); Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986); Garza v. Alviar,
395 S.W.2d 821, 823 (Tex. 1965).
Discussion
Chavez Garcia argues that because the mortgage agreement was
between Chavez Garcia and Fieldstone Mortgage Company (not HSBC), HSBC
cannot enforce the deed of trust. HSBC was not required to prove it had valid
title to the property in order to prevail. As noted above, in a forcible detainer
action, the plaintiff ―is only required to show sufficient evidence of ownership to
demonstrate a superior right to immediate possession.‖ Rice, 51 S.W.3d at 709.
At trial, HSBC presented the deed of trust signed by Chavez Garcia, the
substitute trustee’s deed showing that HSBC acquired the property at a
foreclosure sale on April 5, 2011, and the notice to Chavez Garcia to vacate the
property. This evidence is generally sufficient to establish a superior right of
possession. See Shutter v. Wells Fargo Bank, 318 S.W.3d 467, 471 (Tex.
App.—Dallas 2010, pet. dism’d w.o.j.) (op. on reh’g) (holding that a deed of trust,
a substitute trustee’s deed, and notices to the defendant to vacate were sufficient
to establish the plaintiff’s right to immediate possession); Williams, 315 S.W.3d at
927 (holding that plaintiff proved its right to possession of the property by
presenting the substitute trustee’s deed, the deed of trust, and notice to
defendant to vacate). We therefore hold that the evidence is legally and factually
sufficient to support the trial court’s judgment. We overrule Chavez Garcia’s
issue.
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Conclusion
Having overruled Chavez Garcia’s issue, we affirm the judgment of the trial
court.
LEE GABRIEL
JUSTICE
PANEL: LIVINGSTON, C.J.; DAUPHINOT and GABRIEL, JJ.
DELIVERED: January 19, 2012
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