Derrick Jimmerson v. Homecomings Financial LLC F/K/A Homecomings Financial Network Inc.

Summary

The Second Court of Appeals of Texas affirmed a county court judgment awarding possession of property to Homecomings Financial LLC following foreclosure and a forcible detainer action. The court held that Jimmerson waived complaints concerning notice to vacate and the property description by failing to raise them in the county court at law.

Holdings

1. Jimmerson waived both complaints by failing to make timely objections in the county court at law and obtain rulings on them.
2. A complaint that the property was insufficiently described in a forcible entry and detainer complaint cannot be raised for the first time on appeal when it was not presented to the trial court.
3. The record did not establish a preserved or meritorious challenge to the notice to vacate because Homecomings mailed the notice by first-class mail and Jimmerson neither objected nor presented controverting evidence that he failed to receive it.

Questions Presented

1. Whether Jimmerson preserved his complaints that Homecomings failed to provide proper notice to vacate under the Texas Property Code.
2. Whether Jimmerson preserved his complaint that Homecomings inadequately described the property in its forcible detainer complaint.
3. Whether the county court judgment awarding possession to Homecomings should be affirmed.

Disposition

affirmed