Webb v. Reserve Life Insurance (In re Webb)

119 B.R. 114, 4 Tex.Bankr.Ct.Rep. 344, 1990 Bankr. LEXIS 2051
CourtUnited States Bankruptcy Court, N.D. Texas
DecidedSeptember 24, 1990
DocketBankruptcy No. 589-50661-7; Adv. No. 589-5108
StatusPublished
Cited by2 cases

This text of 119 B.R. 114 (Webb v. Reserve Life Insurance (In re Webb)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, N.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Webb v. Reserve Life Insurance (In re Webb), 119 B.R. 114, 4 Tex.Bankr.Ct.Rep. 344, 1990 Bankr. LEXIS 2051 (Tex. 1990).

Opinion

MEMORANDUM OF OPINION ON HOMESTEAD

JOHN C. AKARD, Bankruptcy Judge.

The Debtors claimed a business homestead in retail property and asserted that the lien Reserve Life Insurance Company (Reserve) held was invalid. Having deter[115]*115mined that the lien is valid, the court denies the Debtors’ complaint.

Facts

James Thomas Webb, Sr., and Verda Faye Webb, d/b/a Webb Auto Supply (Debtors) filed for relief under Chapter 7 of the Bankruptcy Code on November 7, 1989.1 In this Chapter 7 proceeding the Debtors claimed three parcels of property as their residence and business homestead, namely, (1) their residence at 708 Sunset Lane, Lubbock, Texas, (2) a place of business at 1602 Avenue F, Lubbock, Texas (Avenue F property) and (3) the property upon which Reserve Life has a lien and which is located at 3310, 3312 and 3314 34th Street, Lubbock, Texas (34th Street property). The parties stipulated that the total surface area of all three tracts did not exceed one acre. There were no objections made to the claimed exemptions in the Chapter 7 proceeding; therefore, they were allowed.

The evidence did not reveal when the Debtors acquired their residence at 708 Sunset Lane. They purchased the Avenue F property in 1959. At that time there was a building located on the property. The Debtors purchased the 34th Street property on May 16, 1969. The center building previously was used as a grocery store. Mr. Webb erected the buildings on either side of the central building after he purchased the property.

On December 18, 1980, the Debtors gave a deed of trust on the 34th Street property to the First National Bank at Lubbock (FNB) to secure a note in the principal sum of $101,250.00. The Debtors used the proceeds of that loan as operating capital for their proprietorship auto supply business. On May 28, 1981, the Debtors gave a deed of trust to Eureka Life Insurance Company of America (Eureka) to secure a note in the same principal amount payable to Eureka. The Eureka note and deed of trust renewed and extended the FNB note and deed of trust. Reserve is Eureka’s successor. The Debtors made a homestead designation in connection with the Eureka note which designated 708 Sunset Lane as their residence homestead and the Avenue F property as their business homestead. It specifically disclaimed the 34th Street property as business homestead.

Discussion

Prior to 1983 the Texas Constitution and statutes allowed as exempt to each family in an urban area, a place of residence for the family and/or a place for business of the head of the family so long as the value of the land did not exceed $10,000.00.2 The land was valued at the time of the homestead designation. At hearing, the testimony indicated that the 708 Sunset Lane property became the residence homestead at the time it was acquired and that the Avenue F property became the business homestead at the time it was acquired. However, there was no evidence adduced as to the value of the land at the time of acquisition, nor was any evidence heard on its value at the time the Debtors acquired the 34th Street property.

Mr. Webb dismissed the homestead affidavit executed in connection with the Eureka note by saying that when he went to the title company he was not represented by counsel and that he signed whatever documents were placed before him. Assuming this is true, he is charged with knowledge of the facts contained in the documents which he signed before a notary public as well as with knowledge of their legal effect. Hampshire v. Hampshire, 485 S.W.2d 314 (Tex.Civ.App. — Fort Worth 1972, no writ); Thrasher v. Cothren, 104 S.W.2d 523 (Tex.Civ.App. — Eastland 1937, no writ); Tex.Civ.Prac. & Rem.Code Ann. § 121.004 (Vernon 1986). Mr. Webb is literate and he is a businessman. If he chose, to sign documents without benefit of [116]*116counsel, that was his decision and he must bear its consequences. Estes v. Republic National Bank, 462 S.W.2d 273 (Tex.1970). In 1980 or 1981 Reserve, looking at 708 Sunset Lane and at the Avenue F property, could reasonably have assumed that the value of the surface of those properties at the time of their designation as homestead was $10,000.00 and, thus, that the 34th Street property was not homestead. Mr. Webb’s homestead affidavit indicated this was the case. Therefore, the lien was valid at its inception.

In 1983, the Texas Constitution and statutes changed the urban homestead definition to one acre of land.3 The Texas Constitution homestead provision reads as follows:

The homestead, not in a town or city, shall consist of not more than two hundred acres of land, which may be in one or more parcels, with the improvements thereon; the homestead in a city, town or village, shall consist of lot or lots amounting to not more than one acre of land, together with any improvements on the land; provided, that the same shall be used for the purpose of a home, or as a place to exercise the calling or business of the homestead claimant, whether a single adult person, or the head of a family; provided also, that any temporary renting of the homestead shall not change the character of the same, when no other homestead has been acquired.

Tex. Const, art. XVI, § 51. The urban homestead provisions were carried forward into § 41.002 of the Texas Property Code which reads as follows:

(a) If used for the purpose of an urban home or as a place to exercise a calling or business in the same urban area, the homestead of a family or a single, adult person, not otherwise entitled to a homestead, shall consist of not more than one acre of land which may be in one or more lots, with any improvements thereon ...
(d) The definition of a homestead as provided in this section applies to all homesteads in this state whenever created.

Texas courts have upheld the retroactive effect of the constitutional provision and statute. In re Starns, 52 B.R. 405, 413 (S.D.Tex.1985) (Randall, Circuit Judge sitting by designation); In re Barnhart, 47 B.R. 277 (Bankr.N.D.Tex.1985). See also Truman v. Deason (In re Niland), 825 F.2d 801 at 806-07 n. 2.

Both the Constitution and statute refer to the business homestead as “a place” to exercise the calling or business of the homestead claimant. The term “place” has been defined to mean one place; that is to say, the place of business must be one unit and it cannot consist of several locations. C.D. Shamburger Lumber Co., Inc. v. Delavan, 106 S.W.2d 351, 357 (Tex.Civ. App. — Amarillo 1937, writ ref d); Gates v. Pitts, 2 S.W.2d 307 (Tex.Civ.App. — Amarillo 1927, no writ). In Shamburger, the court found the residential homestead differed from a business homestead because “[i]n designating the exemption for a business, the language is entirely different. It is a place to exercise the calling or business of the head

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Related

Webb v. Reserve Life Insurance Company
954 F.2d 1102 (Fifth Circuit, 1992)
Webb v. Reserve Life Insurance (In re Webb)
954 F.2d 1102 (Fifth Circuit, 1992)

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Bluebook (online)
119 B.R. 114, 4 Tex.Bankr.Ct.Rep. 344, 1990 Bankr. LEXIS 2051, Counsel Stack Legal Research, https://law.counselstack.com/opinion/webb-v-reserve-life-insurance-in-re-webb-txnb-1990.