law-deed-of-trust | consumer debt litigation - collection law suits | foreclosure cases and caselaw | deeds |
real estate transactions and litigation | property tax appraisal and delinquent tax suits |
DEED OF TRUST
The purpose of a deed of trust is to secure to a lender the repayment of a borrower's
debt. Sonny Arnold, Inc. v. Sentry Sav. Assoc., 615 S.W.2d 333, 339 (Tex. Civ. App.- Amarillo, 1981) aff'd 633
S.W.2d 811 (Tex. 1982). To accomplish this purpose, a deed of trust creates only a lien on property and does
not constitute a conveyance of the property. Sandel v. Burney, 714 S.W.2d 40, 41 (Tex. App.- San Antonio 1986,
no writ). We hold that, as a matter of law, the Deeds of Trust did not create a life estate in Johansen.
Contract Construction
This case involves the interpretation of two notes as well as two deeds of trust. Courts employ the same rules
for interpreting a note that they use to interpret a contract. EMC Mortgage Corp. v. Davis, 167 S.W.3d 406, 413
(Tex. App.- Austin 2005, pet. denied). In addition, the interpretation of a deed of trust is governed by the same
rules applied to contracts. Robinson v. Saxon Mortgage Servs., Inc., 240 S.W.3d 311, 313 (Tex. App.- Austin
2007, no pet.). Further, a deed of trust is construed along with the note it is intended to secure. Id.
Financial Freedom Senior Funding Corp. v. Horrocks (Tex.App.- Houston [1st Dist.] Jul. 21, 2009)(Anderson)
(real estate litigation, probate law, suit to quiet title, declaratory judgment, demand note, life estate, reverse
mortgages, statute of limitations for foreclosure of lien in real property, deed of trust)
AFFIRMED: Opinion by Justice Anderson
Before Chief Justice Hedges, Justices Anderson and Seymore
14-08-00109-CV Financial Freedom Senior Funding Corp v. Michael L. Horrocks, Administrator of Estate of Mary
Edythe Mullane, Deceased
Appeal from Probate Court No 4 of Harris County
Trial Court Judge: WM CAMERON MCCULLOCH
CA Partners v. Marshall Spears (Tex.App.- Houston [14th Dist.] Aug. 21, 2008)(Fowler)
(debt collection, deed of trust, DTPA, DJA, attorneys fees reversed and remanded)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Fowler
Before Justices Fowler, Seymore and Guzman
14-07-00057-CV CA Partners v. Marshall Spears and CitiFinancial, Inc.
Appeal from 212th District Court of Galveston County
Trial Court Judge: Susan Elizabeth Criss
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