Tina Miles v. J.P. Morgan Chase Bank

Summary

The Texas Court of Appeals affirmed a judgment awarding J.P. Morgan Chase Bank possession of property in a forcible detainer action against Tina Miles. Miles argued that the federal Protecting Tenants at Foreclosure Act entitled her to remain in possession under a ten-year lease. The court held that the evidence supported an implied finding that the tenancy was not bona fide because rent had not been paid for more than a year.

Holdings

1. A forcible detainer action determines only the right to immediate possession of real property; the merits of title and the validity of a deed-of-trust foreclosure sale must be litigated in a separate action.
2. The Protecting Tenants at Foreclosure Act protects a tenant only if the lease or tenancy satisfies the statutory definition of a bona fide lease or tenancy; a lease is not bona fide if it requires rent substantially less than fair market rent, subject to the statutory subsidy exception.
3. A trial court's oral statements do not constitute written findings of fact and conclusions of law and cannot substitute for separately requested findings and conclusions.

Questions Presented

1. Whether Miles established that she was a bona fide tenant entitled under the Protecting Tenants at Foreclosure Act to remain in possession through the end of her lease term.
2. Whether the evidence supported the trial court's implied finding that Miles's lease was not a bona fide lease or tenancy because the rent was substantially less than fair market rent.
3. Whether the trial court's oral statement concerning the ten-year lease could serve as findings of fact or conclusions of law.

Disposition

affirmed