The opinion
GONZALEZ, Justice,
dissenting.
I dissent. There is no evidence that the Bank acted with malice, fraud, oppression, bad faith, or with a conscious indifference or wanton disregard of plaintiff’s rights. Ogle v. Craig, 464 S.W.2d 95 (Tex.1971). Gardner v. Jones, 570 S.W.2d 198 (Tex.Civ.App.—Houston [1st Dist.] 1978, no writ); Ford Motor Credit Company v. Washington, 573 S.W.2d 616 (Tex.Civ.App.—Austin 1978, writ ref’d n.r.e.).
It is undisputed that Brown owed the money and that he was in default at the time of the repossession. Also, as shown by the following testimony, Brown intended that the Bank have a security interest in the vehicle.
Q. Did Mr. Pena [loan officer] ever tell you, ‘if you do not pay, we will repossess?’
A. No, I understood that because, I don’t know that much about law, but if you don’t pay whatever you buy if it is tangible property they will take it away from you if it serves as collateral, so I understood that, he didn’t tell me anything about that....
Q. On March 20, 1979, how many vehicles did you own?
A. Two.
Q. And which vehicles were those?
A. It was a 1978 Pontiac Bonneville and a 1977 Caprice Chevrolet.
Q. And these were the two vehicles that were the subject of the loan transaction with First National Bank of McAllen, is that correct?
A. Yes, sir....
Q. Do you recall signing any kind of security agreement?
A. Yes, sir.
Q. Do you recall what collateral was named in that security agreement as repayment for this loan?
A. At that time I didn’t even read the contract. I just signed it and took off.
Q. Where did you go?
A. I went to Corpus. Several weeks later I went through the papers and I noticed that they didn’t put the Caprice. So it was, well not exactly my duty, but I knew the Bank had made a mistake, and now I know about it, oh, gosh, they forgot to put the Caprice so I’m going back and let them know that they forgot to put the Caprice car in there, because I want to give credit to whoever credit gets, so I have to go back to the Bank.... So, I said, well, I will try to phone them, in fact I never did call them about the mistake ....
Q. Mr. Brown, at the time that you signed the Security Agreement did the Bank ever tell you that they were going to obtain a security interest in your 1977 Chevrolet automobile?
A. No, sir, I understood that they would, but they didn’t tell me.
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Q. You testified you were a customer of the Bank since 1976 and as a result of your transactions with the Bank, you understood that they would have a lien in your Caprice if they paid off the S.I.C. note?
A. Yes, sir.
The Bank also was in possession of a Certificate of Title wherein it was lien holder. Absent a finding of fraud or forgery on the part of the Bank, the Bank acted in good faith. Under these circumstances, even though the repossession may have *813 been wrongful, the record does not support an award for punitive damages.
I agree with the majority opinion with the exception that I would reverse and render a take-nothing judgment on the issue of punitive damages.