Angela Bauer and Robert Bauer v. Select Portfolio Servicing Inc., et al.

Summary

The document is a magistrate judge’s Findings, Conclusions, and Recommendation in a mortgage foreclosure dispute involving Angela and Robert Bauer, Origin Bank, and Select Portfolio Servicing. It recommends granting defendants’ unopposed motion for summary judgment, dismissing plaintiffs’ claims with prejudice, and authorizing Select Portfolio Servicing to foreclose. The recommendation addresses limitations, validity of the home equity lien, breach of contract, fraud, wrongful acceleration, constitutional forfeiture, declaratory judgment, and quiet title.

Holdings

1. A court may not grant summary judgment merely because the nonmovant failed to respond, but it may accept the movant's properly supported evidence and factual assertions as undisputed and grant summary judgment if the movant establishes entitlement to judgment as a matter of law.
2. Plaintiffs did not establish that the statute of limitations barred foreclosure because the alleged acceleration did not establish accrual as asserted, the acceleration was abandoned by subsequent action, and the limitations period was tolled during the receivership.
3. Article XVI of the Texas Constitution is satisfied when one spouse voluntarily signs the deed of trust, even if the other spouse does not sign the note.
4. Summary judgment was appropriate on plaintiffs' breach-of-contract claim because plaintiffs offered no evidence of their performance, defendants' breach, or resulting damages.
5. Summary judgment was appropriate because plaintiffs offered no evidence supporting the elements of fraud and no evidence satisfying the heightened pleading and proof requirements applicable to their allegations.
6. Summary judgment was appropriate on plaintiffs' wrongful-acceleration, TDCPA, and DTPA claims because plaintiffs offered no evidence that defendants failed to provide the notices required by Texas law.
7. Plaintiffs were not entitled to declaratory judgment or quiet-title relief because they failed to establish an underlying right to relief or evidence that defendants' claim to the property was invalid or unenforceable.
8. Select Portfolio Servicing established entitlement to an order authorizing foreclosure by showing the existence of the debt, a qualifying security interest, plaintiffs' default, and proper service of notices of default and acceleration.

Questions Presented

1. Whether defendants were entitled to summary judgment on plaintiffs' contention that the statute of limitations barred foreclosure.
2. Whether the deed of trust was invalid under Article XVI of the Texas Constitution because only Robert Bauer executed the deed of trust and not the note.
3. Whether plaintiffs produced evidence supporting their breach-of-contract, fraud, failure-to-disclose, wrongful-acceleration, statutory, constitutional, and related claims.
4. Whether plaintiffs were entitled to declaratory judgment or quiet-title relief.
5. Whether Select Portfolio Servicing established the requirements for an order authorizing foreclosure.

Disposition

other