- 6 - From October 23, 1986, to January 30, 1987, petitioner executed three deeds of trust, encumbering his community property interest in the Southampton property as security for loans from Union Bank & Trust of Dallas (Union Bank). On December 17, 1987, Union Bank released the three deeds of trust. In a letter dated December 18, 1987, Union Bank provided Ms. Smith’s attorney with the following explanation for the release: Pursuant to your letter demanding our release of liens on * * *[the Southampton property], we have consulted with our attorney and have agreed to release our liens on the property. It does appear that the liens were granted in violation of an injunction at the time, and since * * *[petitioner] has deeded the property to * * *[Ms. Smith] as a result of their divorce, our unrecorded liens are invalid. Petitioner ultimately repaid the underlying liability to Union Bank and added as a cause of action in his aforementioned suit against Ms. Smith a claim that Ms. Smith breached the indemnity provision of the divorce agreement by failing to assume the obligation for the liens on the Southampton property. As with the conversion claim, the trial court granted Ms. Smith’s motion for summary judgment with respect to the aforementioned breach claim on grounds that petitioner had agreed pursuant to the 1989 settlement agreement not to reopen the divorce case or the divorce agreement. The court held petitioner to be barred by judgment and estopped by agreement from asserting the aforementioned breach claim against Ms. Smith. On appeal, the appellate court upheld the trial court’s decision on grounds thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011