Affirmed and Memorandum Opinion filed April 12, 2011.
Fourteenth Court of Appeals
Mortgage Electronic Registration Systems, Inc., as nominee for GreenSPoint Funding, Appellant
Nancy Groves, Appellee
On Appeal from the 334th District Court
Harris County, Texas
Trial Court Cause No. 2009-29112
Nancy Groves sued Mortgage Electronic Registration Systems, Inc. (MERS), as nominee for Greenspoint Funding, to invalidate a deed of trust securing MERS’s alleged lien on Groves’s property. The trial court entered a default judgment against MERS, which then filed this restricted appeal. We affirm.
Groves filed her original petition against MERS on May 8, 2009. She alleged that she owns a certain tract of land subject to a lien secured by a deed of trust “accepted and recorded” by MERS. She further alleged that the deed of trust is invalid and asked the trial court to remove it and quiet title in Groves. MERS was served with process but failed to file an answer, and Groves filed a motion for default judgment. The trial court signed a default judgment against MERS stating that (1) Groves owns the property in question; (2) the deed of trust is “void and of no force or effect;” and (3) the deed of trust be removed from the property title.
MERS filed a timely notice of restricted appeal, arguing that (1) “Groves failed to properly state a cause of action and such failure is plain on the face of Groves’s petition;” and (2) “no justiciable controversy is alleged in Groves’s petition.”
Having overruled both of MERS’s issues on appeal, we affirm the trial court’s judgment.
/s/ William J. Boyce Justice
Full opinion below…
Although this is a win, it appears to be by default? But hey, a win is a win…
The court also goes into great detail overruling MERS’ issues…
Did they have to do that?
Couldn’t they just have affirmed the default?
Are they trying to tell us something?