Huston v. U.S. Bank National Ass'n
Huston v. U.S. Bank Nat'l Ass'n, 359 S.W.3d 679 (Tex. App.—Houston [1st Dist.] 2011)
- Court
- Court of Appeals of Texas, First District (Houston)
- Decided
- 2011-10-27
- Docket
- 01-10-01026-CV
What happened
U.S. Bank filed a Rule 736 application to foreclose the Hustons' home-equity loan. The Hustons filed a counterclaim inside that expedited case, and the court dismissed it.
What the court decided
The court of appeals held that a counterclaim seeking affirmative relief cannot be brought inside an expedited Rule 736 proceeding. The rule's path for contesting the right to foreclose is a separate suit in district court, which abates and dismisses the 736 case.
Why it may matter to you
It explains the procedure: in a Rule 736 case you file a response on the narrow issues, and any bigger claims go in a separate lawsuit — which has its own risks (see Murphy).
Why it might not apply
Rule 736 was rewritten in 2012; the automatic stay-and-dismiss provision is now Rule 736.11. Check the current rule text.
Most useful when
- You were served with a Rule 736 application for expedited foreclosure
How to cite it
The full citation for the first time you mention it, a short form for later, and a sample sentence you can adapt.
Huston v. U.S. Bank Nat'l Ass'n, 359 S.W.3d 679 (Tex. App.—Houston [1st Dist.] 2011)Short formHuston, 359 S.W.3d 679Draft — check it with free legal aid before you file or say it in court.
In Huston v. U.S. Bank Nat'l Ass'n, 359 S.W.3d 679 (Tex. App.—Houston [1st Dist.] 2011), the court held that a counterclaim seeking affirmative relief cannot be asserted in an expedited Rule 736 foreclosure proceeding, and a separate district-court suit is the route to contest the right to foreclose. Here, [say in one sentence what happened in your case]
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