Forcible Detainer Judgment Reversed
March 20, 2013The court reversed a county court’s judgment in favor of a resident in a forcible detainer action and rendered judgment of possession in favor of the bank. After acquiring the property at a foreclosure sale and attempting to remove Mr. Carman, OneWest file a forcible detainer action. At trial OneWest provided the deed of trust, the substitute trustee’s deed, and notices to vacate the property that were served on Carman. The trial court found that OneWest did not have the right to possess, but noted that it could go through the process again with the correct paperwork. On appeal, the court held that OneWest had a claim to immediate possession of the property based on the deed of trust, which stated that Carman would become a tenant-at-sufferance in the case of a foreclosure and that OneWest could remove Carman from the property. This served as an independent basis on which the trial court should have determined that OneWest was entitled to immediate possession of the property.
