Wells Fargo Bank, N.A. v. Ballestas

355 S.W.3d 187, 2011 Tex. App. LEXIS 3597, 2011 WL 1835265
CourtCourt of Appeals of Texas
DecidedMay 12, 2011
DocketNo. 01-10-00020-CV
StatusPublished
Cited by26 cases

This text of 355 S.W.3d 187 (Wells Fargo Bank, N.A. v. Ballestas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wells Fargo Bank, N.A. v. Ballestas, 355 S.W.3d 187, 2011 Tex. App. LEXIS 3597, 2011 WL 1835265 (Tex. Ct. App. 2011).

Opinion

OPINION

JANE BLAND, Justice.

A bank lost a trial against the owners of a home because it failed to prove that it owned the note on which it sought to foreclose. The bank then sued the owners again, contending once more that it owned the disputed note. The owners responded that the bank’s claims are barred by res judicata and collateral estoppel. The trial court agreed and granted summary judgment.

Wells Fargo Bank, N.A., as trustee under the pooling and servicing agreement dated as of November 1, 2004 asset-backed pass-through certificates series 2004-WHQ2 (“Wells Fargo”), appeals the trial court’s summary judgment granted in favor of appellees, Laureano A. Ballestas and Herminia Ballestas. Wells Fargo contends that the trial court erred by granting summary judgment because the prior final judgment is void for lack of subject-matter jurisdiction and because res judica-ta and collateral estoppel are inapplicable. We conclude that the prior judgment is not void, that Wells Fargo’s claims are barred by res judicata, and that it is collaterally estopped from relitigating the issue of its ownership of the promissory note. We therefore affirm.

Background

In September 2004, the Ballestas executed a 30-year promissory note in the amount of $92,000, with interest payable in monthly installments beginning with December 2004. A deed of trust, dated the same day, created a lien on the Ballestas’ homestead to secure the payment of the promissory note. Wells Fargo contends that the holder of the promissory note assigned it and the deed of trust to Wells Fargo. According to Wells Fargo, the Ballestas failed to pay the monthly installment payments due on and after March 2007, and it accelerated the entire debt due under the note.

In November 2007, Wells Fargo filed an application seeking a court order allowing it to proceed with an expedited, non-judicial foreclosure of the mortgage lien.1 The proceeding was assigned to the 55th District Court.2 In February 2008, the 55th District Court abated and dismissed the expedited foreclosure proceeding after the Ballestas filed a separate petition contesting Wells Fargo’s right to foreclose.3

[190]*190The second proceeding was assigned to the 280th District Court.4 The Ballestas requested a declaratory judgment that Wells Fargo did not own the promissory note and thus it did not have standing or a right to foreclose. The Ballestas requested a judgment declaring the lien invalid and declaring that Wells Fargo had forfeited the principal and interest on the loan, and they sought to quiet title to their homestead.

Wells Fargo counterclaimed. It requested declaratory judgments that (1) it was the owner and holder of the promissory note and the beneficiary of the deed of trust; (2) the promissory note had not been paid in full;. (3) the promissory note complied in all respects with section 50(a)(6), article XVI of the Texas Constitution; and (4) the promissory note and deed of trust constituted a valid and existing lien and encumbrance on the Ballestas’ homestead. Wells Fargo requested a court order for non-judicial or alternatively judicial foreclosure.

The 280th District Court conducted a bench trial, in which the parties presented evidence concerning the issue of Wells Fargo’s ownership of the promissory note. That court rendered a final judgment upon “consider[ation] [of] the pleadings and official records on file in this cause, the evidence presented, and the parties’ arguments....” In its judgment, the court declared that (1) Wells Fargo “lacks standing [to foreclose] because it does not own a note secured by [the Ballestas’] homestead” and (2) Wells Fargo “does not have a right to foreclose on [the Balles-tas’] homestead[.]” The court further ordered, “[A]ll other claims between [Wells Fargo] and [the Ballestas] are hereby dismissed[.]” Finally, the court stated, “The entire remainder of this lawsuit, if any remains after the order made above, is DISMISSED without prejudice.” Wells Fargo did not move for new trial nor to modify or vacate the judgment. It did not appeal.

Instead, on the same day the 280th District Court issued its judgment, Wells Fargo filed a separate petition against the Ballestas, which the district clerk assigned to the 55th District Court — the trial court in this case.5 Wells Fargo asserted the same claims that it had asserted as counterclaims in the prior proceeding. Wells Fargo also claimed that the Ballestas committed breach of contract by missing monthly installment payments due under the promissory note and failing to pay the accelerated, remaining balance due on the note, plus interest, late charges, fees, and costs.

The Ballestas filed a motion for traditional summary judgment, contending that res judicata precludes Wells Fargo from pursuing the claims that it asserted in the previous proceeding as well as the contract claim that it could have asserted. The Ballestas also contended that collateral es-toppel precludes Wells Fargo from relit-igating the issue of its ownership of the promissory. The Ballestas noted that Wells Fargo had not alleged the existence of any new fact or evidence arising after rendition of the prior judgment. Finally, the Ballestas contended that all of Wells Fargo’s causes of action are predicated on its assertion that it owns the promissory note.

[191]*191Wells Fargo responded, contending that res judicata and collateral estoppel are inapplicable to a ruling on standing, that the prior final judgment was not a judgment on the merits, and that the issue of its lack of standing was not fully and fairly litigated.

The trial court granted summary judgment in favor of the Ballestas. The trial court ordered that res judicata bars Wells Fargo’s claims and that Wells Fargo is collaterally estopped from relitigating the issue of its ownership of the promissory note.

Standard of Review

An appellate court reviews de novo a trial court’s ruling on a summary judgment motion. Mann Frankfort Stein & Lipp Advisors, Inc. v. Fielding, 289 S.W.3d 844, 848 (Tex.2009). To succeed on a summary judgment motion under Texas Rule of Civil Procedure 166a(c), a movant must establish that there is no genuine issue of material fact so that the movant is entitled to judgment as a matter of law. Tex.R. Civ. P. 166a(c); Randall’s Food Mkts., Inc. v. Johnson, 891 S.W.2d 640, 644 (Tex.1995). To conclusively establish a matter, the movant must show that reasonable minds could not differ as to the conclusion to be drawn from the evidence. City of Keller v. Wilson, 168 S.W.3d 802, 814 (Tex.2005). The evidence is reviewed in the light most favorable to the non-movant, crediting favorable evidence if reasonable jurors could and disregarding contrary evidence unless reasonable jurors could not. Mann Frankfort Stein, 289 S.W.3d at 848 (citing City of Keller, 168 S.W.3d at 827).

Void for Lack of Standing

Wells Fargo contends that the pri- or final judgment is void on its face as a matter of law because it lacked standing to sue, a necessary component of subject-matter jurisdiction.

A. Applicable Law

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Bluebook (online)
355 S.W.3d 187, 2011 Tex. App. LEXIS 3597, 2011 WL 1835265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wells-fargo-bank-na-v-ballestas-texapp-2011.