Courtesy of James McGuire
Court of Appeals
First District of Texas
WELLS FARGO BANK, N.A., AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2004 ASSET-BACKED PASS-THROUGH
CERTIFICATES SERIES 2004-WHQ2, Appellant
LAUREANO A. BALLESTAS AND HERMINIA BALLESTAS, Appellees
On Appeal from 55th District Court
Harris County, Texas
Trial Court Cause No. 2009-34409
A bank lost a trial against the owners of a home because it failed to prove that it owned the note on which it sought to foreclose. The bank then sued the owners again, contending once more that it owned the disputed note. The owners responded that the bank‘s claims are barred by res judicata and collateral estoppel. The trial court agreed and granted summary judgment.
We hold that the trial court properly granted summary judgment on the bases of res judicata and collateral estoppel. We therefore affirm the judgment of the trial court.
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