Judge Donna King
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Court-wideDocument Filing Requirements18 rules
Soldiers & Sailors Affidavit on file
Include
- •Soldiers & Sailors Affidavit on file
Identifies property by mailing address and legal description
Identifies by name the party who, according to records of debt holder, is obligated to pay the debt secured by the property?
Alleges that a debt exists?
Include
- •Alleges that a debt exists
The application must identify the security instrument by recording information or attach a legible copy with proof of filing.
Court's wording
Identifies security instrument by reference to Vol. & Page, Clerk’s file # or other identifying recording information found in Williamson County property records or attaches a legible copy of the security instrument with proof of filing?
Alleges that a default under the security agreement exists?
Application is Verified.
State that a court order required by Tex. Const. art. XVI, §50(a)(6)(D) [or §50(k)(11) for a reverse mortgage] is sought to sell the property under the security instrument and Tex. Prop. Code §51.002.
Describes facts which establish the existence of a default under the security instrument & Tex. Prop. Code §51.002
Alleges that the debt is secured by a lien created under Tex. Const. Art. XVI, §50(a)(6) [§50(a)(7) for a reverse mortgage] that encumbers the property?
Directs that foreclosure proceed under the security instrument and Tex. Prop. Code §51.002?
(If respondent is represented by counsel) directs that notice of the foreclosure sale date shall also be mailed to counsel by certified mail?
Recites the same mailing address and legal description of the property that appears in the application?
The application must allege that the applicant gave the required notices to cure the default and accelerate the debt's maturity.
Court's wording
Alleges that applicant has given the requisite notices to cure the default and accelerate the maturity of the debt under the security instrument, Tex. Prop. Code §51.002, §50(k)(10) for a reverse mortgage] and applicable law?
Provides that a copy of the order shall be sent to respondent with the notice of sale?
Provides that applicant may communicate with the respondent and all 3 parties reasonably necessary to conduct the foreclosure sale?
Styled: In Re: Order of Foreclosure Concerning (name of person to receive notice of foreclosure) and (property mailing address)?
Must specify date mailed________________________________
Filing & Service rules
Filing Timing and Cure Windows
The notice and certificate of service must be on file for 10 days before default may be taken.
*Copy of notice & certificate of service must be on file for 10 days before default can be taken.
Civil cases
Page 1 | APPLICATION
Service and Proof of Service Rules
The attorney must certify service of the application and notice by certified and first-class mail to each obligated party.
Certificate of Service of Application & Mailing Date: Attorney certifies that a copy of the Application and Notice has been mailed by Certified & First Class mail to each party who according to the record of the holder of the debt is obligated to pay the debt. (736(2)(a) & (b).
Civil cases
Page 1 | APPLICATION