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Bruce v. Federal National Mortgage Association A/K/A Fannie Mae

Richter Robin Bruce appeals the trial court's judgment awarding possession of property to Federal National Mortgage Association. The Deed of Trust contains a provision that creates a landlord-tenant relationship, and this relationship provides an independent basis on which the trial court could determine the issue of immediate possession without resolving the issue of title to the property. Thus, to prevail in its forcible detainer action, Fannie Mae was not required to prove title; it was only required to demonstrate a superior right to possession. The trial court's judgment is modified to vacate the attorney's fees award to Fannie Mae and otherwise affirmed. Dallas County of Appeals, No. 05-10-01402-CV, 11-09-2011.

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AFFIRM as MODIFIED and Opinion Filed November 9, 2011OPINIONBefore Justices Bridges, Richter, and MurphyOpinion By Justice RichterRobin Bruce appeals the trial court’s judgment awarding possession of property to Federal National Mortgage Association (“Fannie Mae”). In two issues, Bruce asserts the trial court lacked jurisdiction to determine title and possession of the property and erred in awarding attorney’s fees. For the reasons that follow, we conclude the trial court was not required to determine title issues in this forcible entry and detainer suit and therefore had jurisdiction to determine the right to immediate possession of the property . But there is nothing in the record to support an award of attorney’s fees. Therefore, we modify the trial court’s judgment to vacate the attorney’s fees award to Fannie Mae , and affirm the judgment as modified.BackgroundDuring a period of time when Bruce was separated from her husband (“Husband”) , Husband purchased a home and executed a Deed of Trust securing a $159,750 loan from BSM Financial, L.P. The Deed of Trust was executed by Husband only and reflects that he is a “single person.” Although Bruce and Husband reconciled for a period of time and resided in the home, Husband ultimately filed for divorce. Temporary orders in the divorce action awarded Bruce possession of the home and required Husband to pay the mortgage.After Husband failed to pay the residential mortgage, the property was sold at a foreclosure sale under the Deed of Trust to Fannie Mae. Fannie Mae then initiated a forcible entry and detainer suit in the justice court and was awarded possession of the property. Bruce appealed the judgment of the justice court to the county court at law. Bruce also joined Fannie Mae and the lender in the divorce action and requested that the foreclosure be set aside. Following a trial de novo, the county court rendered judgment awarding possession of the property to Fannie Mae, and awarded Fannie Mae $1,000 in attorney’s fees. This appeal followed.

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