MERS lost its petition for review to the Texas Supreme Court: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GREENPOINT FUNDING v. NANCY GROVES

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MERS lost its petition for review to the Texas Supreme Court: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GREENPOINT FUNDING v. NANCY GROVES

MERS lost its petition for review to the Texas Supreme Court: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GREENPOINT FUNDING v. NANCY GROVES

Here is the Link: http://www.supreme.courts.state.tx.us

ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

11/ 0555

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GREENPOINT FUNDING v. NANCY GROVES; from Harris County; 14th district (14/10/00090/CV, ___ SW3d ___, 04/12/11)

In The
Fourteenth Court of Appeals

NO. 14-10-00090-CV

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GREENSPOINT FUNDING, Appellant

V.

NANCY GROVES, Appellee

On Appeal from the 334th District Court
Harris County, Texas
Trial Court Cause No. 2009-29112

EXCERPT:

A justiciable controversy between the parties must exist at every stage of the legal proceedings. Williams v. Lara, 52 S.W.3d 171, 184 (Tex. 2001). We cannot decide moot controversies. Nat’l Collegiate Athletic Ass’n v. Jones, 1 S.W.3d 83, 86 (Tex. 1999). In order to maintain a suit to quiet title, there must be an assertion by the defendant of a claim to some interest adverse to plaintiff‘s title; and the claim must be one that, if enforced, would interfere with the plaintiff‘s enjoyment of the property. Mauro v. Lavlies, 386 S.W.2d 825, 826–27 (Tex. Civ. App.—Beaumont 1964, no writ) (internal quotation omitted) (no justiciable controversy existed because the judgments defendants obtained against plaintiffs asserted no claims against plaintiffs‘ property and defendants made no attempt to create a lien upon property or to have property sold to satisfy judgments).

Groves alleged in her petition that MERS‘s deed of trust purported to create a lien for security purposes on Plaintiff‘s property as described.? This alleged lien constitutes an adverse interest to Groves‘s title, which, if enforced, would interfere with her enjoyment of the property. See id. Therefore, a justiciable controversy existed, and the trial court had subject matter jurisdiction over the case. See Williams, 52 S.W.3d at 184; Mauro, 386 S.W.2d at 826–27.4

We overrule MERS‘s second issue.

CONCLUSION

Having overruled both of MERS‘s issues on appeal, we affirm the trial court‘s judgment.

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