Defendant Hall defaulted on his mortgage and subsequently lost his house to the plaintiff trust in a foreclosure sale. Order at p. 2. Thereafter, Hall began a series of fraudulent recordings in the Travis County Official Public Records pertaining to the property and his mortgage, attempting to transfer the property to himself or associated entities. Id. at 2-4. The Trust then brought suit against Hall, alleging (1) trespass to try title, (2) trespass to real property, and (3) suit to quiet title and for declaratory judgment. Id. at 4.
The Court granted the Trust’s Motion for Summary Judgment in its entirety. Id. at 4. The Court held that the summary judgment evidence clearly demonstrated that the Trust has title to the property and that Hall’s fraudulent tactics and purported prior conveyances of the property did not impair that title. Id. at 6. The Court also declared that Hall’s fraudulently recorded instruments are invalid and of no force or effect, and should be removed from the property records. Id. at 7-8. Finally, the Court granted the Trust’s request for a permanent injunction against Hall, holding that “Hall’s fraudulent pattern of behavior has denied the Trust its right to the Property, clouded its title, and denied the Trust exclusive access to the Property for approximately seven years.” Id. at 9.