Filed: May 15, 2007
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS May 15, 2007 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk _ No. 06-10005 Non-Argument Calendar _ In The Matter Of: JOHN C. BAUM; LINDA D. BAUM Debtors. _ JOHN C. BAUM; LINDA D. BAUM, Appellants, versus FIRST COLEMAN NATIONAL BANK, Appellee. _ Appeal from the United States District Court for the Northern District of Texas (USDC No. 6:05-CV-35-SRC) _ Before REAVLEY, GARZA, and DENNIS, Circuit Judges
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS May 15, 2007 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk _ No. 06-10005 Non-Argument Calendar _ In The Matter Of: JOHN C. BAUM; LINDA D. BAUM Debtors. _ JOHN C. BAUM; LINDA D. BAUM, Appellants, versus FIRST COLEMAN NATIONAL BANK, Appellee. _ Appeal from the United States District Court for the Northern District of Texas (USDC No. 6:05-CV-35-SRC) _ Before REAVLEY, GARZA, and DENNIS, Circuit Judges...
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
May 15, 2007
FOR THE FIFTH CIRCUIT Charles R. Fulbruge III
Clerk
_______________________
No. 06-10005
Non-Argument Calendar
_______________________
In The Matter Of: JOHN C. BAUM; LINDA D. BAUM
Debtors.
_______________________________
JOHN C. BAUM; LINDA D. BAUM,
Appellants,
versus
FIRST COLEMAN NATIONAL BANK,
Appellee.
__________________________________________________________
Appeal from the United States District Court
for the Northern District of Texas
(USDC No. 6:05-CV-35-SRC)
__________________________________________________________
Before REAVLEY, GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR. R.
1
The district court affirmed the bankruptcy court’s finding that First Coleman National
Bank (the “Bank”) held valid liens against the Baums’ property and lawfully foreclosed its
deed of trust, despite the homestead character of the property. The Baums appeal. We
affirm for the following reasons:
1. The Bank’s deed of trust secured a purchase money lien and a mechanic’s lien
that the Bank obtained from the Allens and Signature Building, respectively,
in consideration for proceeds from the Bank’s loan to the Baums.
2. Purchase money and improvement indebtedness fall outside the homestead
protection. TEX. CONST. art. XVI, § 50(a).
3. That a deed of trust secures more debt than may be executed against a piece
of property does not impair a trustee’s sale under the deed of trust. Gregory
v. Sunbelt Sav., F.S.B.,
835 S.W.2d 155, 160 (Tex. App.—Dallas 1992, writ
denied).
4. To the extent the Baums’ brief can be read to raise any other arguments, such
arguments are waived for failure to present them to the bankruptcy court, see
In re Fairchild Aircraft Corp.,
6 F.3d 1119, 1128 (5th Cir. 1993), or for
inadequate briefing, see L & A Contracting Co. v. Southern Concrete Servs.
Inc.,
17 F.3d 106, 113 (5th Cir. 1994).
47.5.4.
2
AFFIRMED.
3