Flora Xanthine Alexander v. Wells Fargo Bank, N.A.

Summary

The Second District Court of Appeals of Texas affirmed a county court at law judgment awarding Wells Fargo Bank immediate possession of property following foreclosure. The court held that the appellant’s challenges to the foreclosure, note ownership, title, and evidentiary matters were not cognizable in a forcible detainer action, and that several issues were inadequately briefed.

Holdings

1. A forcible detainer action determines only which party has the immediate right to possession of real property; alleged defects in the foreclosure process or the purchaser's title must be pursued, if at all, in a separate wrongful-foreclosure or title action.
2. Issues lacking discernable legal arguments are inadequately briefed and may be overruled under Texas Rule of Appellate Procedure 38.1(f); pro se litigants are held to the same briefing standards as licensed attorneys.
3. An appellate complaint is not preserved when the record does not show that the appellant obtained a ruling on the motion or objection at issue.

Questions Presented

1. Whether Alexander's challenges to the legality of the foreclosure, ownership of the mortgage note, validity of the debt and loan documents, and authenticity of the original note could be considered in a forcible detainer appeal.
2. Whether Alexander adequately briefed her third, fifth, and seventh appellate issues.
3. Whether Alexander preserved her due-process and evidentiary complaints by obtaining rulings on her motions or objections.
4. Whether the county court at law erred in awarding Wells Fargo possession.

Disposition

affirmed