TX STATETexas Court of Appeals, 5th District (Dallas)
2001

Rice v. Pinney

51 S.W.3d 705Texas Court of Appeals, 5th District (Dallas) • Decided 2001Enforced
FLAGSHIPLien RightsCited 383 times

HOLDING

A homeowner challenged a foreclosure sale and filed a lawsuit in district court claiming the foreclosure was wrongful. Meanwhile, the new owner (who bought at the foreclosure sale) filed a separate eviction case in county court to take possession. The court ruled that the county court could handle the eviction and award possession even though the district court case about title was still pending. The key point: possession and title are separate issues, and a court can decide who gets to occupy the property without first resolving who legally owns it.

KEY FINDINGS

Lien Rights

If you buy property at a foreclosure sale and the previous owner won't leave, you can file an eviction in county court—you don't have to wait for title disputes to be resolved in district court.

FULL COURT OPINION