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Chase Home Finance, LLC v. SFTF Holdings, LLC
Citation: Not availableDocket: 02-10-00423-CV
Court: Court of Appeals of Texas; July 14, 2011; Texas; State Appellate Court
Original Court Document: View Document
Chase Home Finance, LLC (Chase) filed a restricted appeal against SFTF Holdings, LLC (SFTF) following a default judgment from the 236th District Court of Tarrant County. SFTF initiated a lawsuit in April 2010 to remove a cloud on the title of a property in Fort Worth, Texas. Chase did not respond, resulting in a default judgment on June 9, 2010, which extinguished Chase’s interest in the property and awarded ownership to SFTF, along with attorney's fees. In its appeal, Chase raised two issues, arguing that the trial court improperly adjudicated the title under the Declaratory Judgments Act without requiring SFTF to plead the necessary elements of the trespass-to-try-title statute. Additionally, Chase contended that the default judgment was invalid as SFTF failed to plead facts showing its superior title to the property. SFTF conceded to the second issue, acknowledging that its original petition lacked any claims of having a superior interest in the property, which is a requisite under the trespass-to-try-title proceedings. The court agreed with this concession and cited relevant case law, stating that SFTF's petition did not meet the formal pleading requirements necessary to demonstrate superiority of title. As a result, the court sustained Chase’s second issue, reversed the trial court's judgment, and remanded the case for a new trial. The decision was delivered by a panel of judges on July 14, 2011.