Fannie Mae v. My Quang Truong

361 S.W.3d 400, 2012 WL 716887, 2012 Mo. LEXIS 69
CourtSupreme Court of Missouri
DecidedMarch 6, 2012
DocketSC 91880
StatusPublished
Cited by30 cases

This text of 361 S.W.3d 400 (Fannie Mae v. My Quang Truong) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fannie Mae v. My Quang Truong, 361 S.W.3d 400, 2012 WL 716887, 2012 Mo. LEXIS 69 (Mo. 2012).

Opinions

GEORGE W. DRAPER, III, Judge.

My Truong (hereinafter, “Truong”) appeals the grant of summary judgment in favor of Fannie Mae on its unlawful de-tainer action. Truong raises five points on appeal. Truong’s first three points challenge the constitutional validity of section 534.010, RSMo 2000,1 on equal protection, substantive due process, and procedural due process grounds. Truong’s remaining points attack inconsistencies among the statute, the rules of civil procedure, and case law. Truong’s failure to apply for a trial de novo pursuant to section 512.180.1, prior to seeking relief in this Court, deprives this Court of the authority to adjudicate his claims. The appeal is dismissed for lack of appellate jurisdiction.

Factual and Procedural History

Truong púrchásed a home in Imperial, Missouri, in March 2006 and executed a deed of trust in connection with the purchase that was duly recorded. In early 2010, Truong encountered difficulty in paying his mortgage. Truong entered into a loan modification agreement with his lender in an effort to become current under his mortgage obligation. Truong left the United States to visit Vietnam in August 2010 and did not return until September 9, 2010. In his absence, he received several letters at his home. Two letters were dated August 4, 2010. One letter contained a permanent loan modification approval. The second letter contained a notice of default. A letter dated August 9, 2010, was a notice of foreclosure. A letter dated August 17, 2010, provided notice of a trustee’s sale.

On September 10, 2010, one day after Truong returned home and received the letters, the trustee’s sale took place. Fannie Mae was the successful purchaser of the property and obtained a trustee’s deed for Truong’s property. Despite the sale, Truong continued to maintain possession of his home.

On September 22, 2010, Fannie Mae filed its petition for unlawful detainer, asserting it had the legal right of possession to the property and that Truong unlawfully and wrongfully possessed the property. The petition alleged Fannie Mae had been damaged for lost rents and profits. Fannie Mae filed a motion for summary judgment against Truong, along with a statement of uncontroverted facts. Truong filed his answer, raised affirmative defenses and counterclaims, and requested a jury trial. Truong’s answer included all of the constitutional and procedural claims he raises on appeal.

A hearing on the motion for summary judgment was held January 18, 2011. Pri- or to the hearing, Truong filed a motion in opposition to Fannie Mae’s summary judgment motion, a statement of uncontrovert-ed facts, and a response denying several of [403]*403Fannie Mae’s uncontroverted facts. Truong raised constitutional and procedural claims during the hearing and asserted he was the rightful owner of the property because he was current on his mortgage payments. Fannie Mae argued the injection of the facts concerning title and loan modification issues went beyond the scope of the unlawful detainer action and should not be considered.

The associate circuit judge was mindful of the statutory requirements for an unlawful detainer action but expressed concern about the fairness of the proceedings given the recent economic climate. The judge stayed the proceedings for thirty days so that Truong could file the appropriate action in circuit court challenging title to his home. When Truong’s counsel indicated she was “not sure how this will work on appeal,” the associate circuit court stated, “Well, like I said earlier, it’s still an unlawful detainer [action]. And you don’t have any appeal to the Court of Appeals. You’ve got a de novo right, and you’re going to have to post a bond to keep possession.” Truong did not file any action in civil court during the thirty day stay.

On February 28, 2011, the associate circuit judge granted Fannie Mae’s motion for summary judgment, denied Truong’s constitutional and procedural challenges, and awarded Fannie Mae $6,000 in damages. Fannie Mae obtained possession of Truong’s home on March 31, 2011. Instead of applying for a trial de novo in the circuit court, Truong filed a notice of appeal with this Court. This appeal follows.

Standard of Review

This Court is a court of limited appellate jurisdiction. Mo. Const, art. V, sec. 3; Alumax Foils, Inc. v. City of St. Louis, 939 S.W.2d 907, 910 (Mo. banc 1997). It is incumbent upon this Court to examine its jurisdiction sua sponte. Spicer v. Donald N. Spicer Revocable Living Trust, 336 S.W.3d 466, 468 (Mo. banc 2011). If this Court lacks jurisdiction to entertain an appeal, the appeal must be dismissed. Lane v. Lensmeyer, 158 S.W.3d 218, 222 (Mo. banc 2005).

Discussion

Fannie Mae argues this Court should dismiss this appeal for two reasons. Since Fannie Mae’s first argument is dis-positive, the second ground for dismissal need not be addressed. Fannie Mae argues Truong’s failure to apply for a trial de novo in the circuit court deprives this Court of the authority to hear his appeal directly.

In Missouri, the right to appeal is purely statutory, and “where a statute does not give a right to appeal, no right exists.” Farinella v. Croft, 922 S.W.2d 755, 756 (Mo. banc 1996). After entry of judgment in an unlawful detainer action, section 534.380 provides, “Applications for trials de novo and appeals shall be allowed and conducted in the manner provided in chapter 512, RSMo.” Section 512.180 governs the relief available to a party aggrieved by a judgment in a civil case tried before an associate circuit judge and provides two forms of relief. First, section 512.180.1 states, “Any person aggrieved by a judgment in a civil case tried without a jury before an associate circuit judge ... shall have the right of a trial de novo in all cases tried ... under the provisions of chapters 482, 534, and 535, RSMo.” Second, section 512.180.2 provides, “In all other contested civil cases tried with or without a jury before an associate circuit judge ... any person aggrieved by a judgment rendered in any such case may have an appeal upon that record to the appropriate appellate court.”

[404]*404Truong believes this Court has original, exclusive appellate jurisdiction to adjudicate this issue because his appeal is a constitutional challenge to the validity of the unlawful detainer statutes. Undoubtedly, this Court has exclusive jurisdiction to determine the constitutional validity of a state statute pursuant to article V, section 3 of the Missouri Constitution. Franklin County ex rel Parks v. Franklin County Com’n, 269 S.W.3d 26, 29 (Mo. banc 2008). However, “proper appeal from a judgment entered by an associate circuit judge rests on the facts and not on labels.” Farinella, 922 S.W.2d at 757 (quoting Federated Mortgage & Investment Co. v. Jones, 850 S.W.2d 113, 115 (Mo.App. W.D.1993)). This Court must conduct a fact-specific inquiry to ascertain if the facts bring the case within section 512.180.1 or section 512.180.2. Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

David J. Harris vs. Missouri Ethics Commission
Missouri Court of Appeals, 2025
Henry L. Ward v. State of Missouri
Missouri Court of Appeals, 2025
State v. Harris
Supreme Court of Missouri, 2023
State of Missouri v. Lamar Johnson
Supreme Court of Missouri, 2021
Jim Needy v. John Hammond
Missouri Court of Appeals, 2020
State ex rel. Hawley v. Pilot Travel Ctrs., LLC
558 S.W.3d 22 (Supreme Court of Missouri, 2018)
Lilly v. Polsinelli, PC
552 S.W.3d 562 (Missouri Court of Appeals, 2018)
Shoate v. State
529 S.W.3d 869 (Missouri Court of Appeals, 2017)
Mercer v. State
512 S.W.3d 748 (Supreme Court of Missouri, 2017)
Jeffrey Wunderlich v. Sharon Wunderlich
505 S.W.3d 434 (Missouri Court of Appeals, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
361 S.W.3d 400, 2012 WL 716887, 2012 Mo. LEXIS 69, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fannie-mae-v-my-quang-truong-mo-2012.