Bank of San Antonio v. Renaldo

McCLOUD, Chief Justice.

The controlling question in this case is whether a divorced parent established that the property in question was his homestead at the time it was mortgaged. We hold that he did not.

Jeremy Renaldo sued the Bank of San Antonio and Robert L. Dautterman seeking a declaratory judgment that a deed of trust lien claimed by the bank is not a valid lien against his homestead. The bank and Dautterman filed a cross action seeking a judicial foreclosure of the security interest. The trial court, in a nonjury case, ruled that the property was Renaldo’s homestead at the time he…