Burton v. Prince

Houston · TX · Texas Court of Appeals, Fourteenth District (Houston)

MIXED · foreclosure-liens

What happened

After unpaid dues and a justice-court judgment, Leawood Homeowners Association pursued nonjudicial foreclosure of six condominium units Robert Burton owned; trustee Wayman L. Prince bought for the association on credit. Burton sued Prince, the association, and related parties for wrongful foreclosure and torts. After a bench trial the court declared the six foreclosure sales improper and a nullity, held the trustee had no lawful power to sell, voided the trustee's deeds, and awarded Burton attorney's fees, but denied most damages claims. Burton appealed seeking additional § 12.002 fraud, unfair debt-collection, DTPA, and prejudgment-interest relief; the Fourteenth Court of Appeals affirmed those denials, leaving the void-foreclosure declaratory judgment intact.

What the court (or agency) held

After a bench trial, the trial court declared six condominium foreclosure sales improper and a nullity, held the trustee had no lawful power to sell, and voided the trustee's deeds, awarding Burton attorney's fees. On Burton's appeal seeking additional fraud (§ 12.002), unfair debt-collection, DTPA, and prejudgment-interest relief, the Fourteenth Court of Appeals affirmed—leaving the void-foreclosure declaratory judgment intact while rejecting the owner's extra damages theories. MIXED: foreclosure title win stood; not a full damages win.

Why this matters for members

This result is MIXED — a partial win, not a clean sweep on every claim. Wrongful nonjudicial condo foreclosure can be undone by declaratory judgment voiding sales and deeds even when extra tort and consumer-damages theories fail on appeal.

What the member did

Challenged foreclosure procedure and trustee deeds, obtaining declaratory relief that the sales were a nullity and deeds void, plus fee recovery at trial.

What did not work

Additional appellate theories for § 12.002 fraud, debt-collection, DTPA damages, and prejudgment interest—affirmed for defendants.

Questions for the board

Questions for a lawyer

Citation

Burton v. Prince, 577 S.W.3d 280 (Tex. App.—Houston [14th Dist.] 2019); No. 14-17-00181-CV (2019-03-07). Texas Court of Appeals, Fourteenth District (Houston). Outcome chip: MIXED. Flags: MIXED. Source: https://case-law.vlex.com/vid/burton-v-prince-no-890016260

_General information, not legal advice. Outcomes turn on facts and current law._

Source opinion

General information, not legal advice. Outcomes turn on facts and current law.

Not a law firm. Not legal advice. Confirm this against your documents and your state’s law.