Judge Donna King
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Court-wideDocument Filing Requirements18 rules
A Soldiers and Sailors Affidavit must be on file.
Soldiers & Sailors Affidavit on file
Document Type
Application
The application must identify the property by its mailing address and legal description.
Identifies property by mailing address and legal description
Document Type
Application
The application must identify by name the party obligated to pay the debt secured by the property.
Identifies by name the party who, according to records of debt holder, is obligated to pay the debt secured by the property?
Document Type
Application
The application must allege that a debt exists.
Alleges that a debt exists?
Document Type
Application
The application must identify the security instrument by recording information or attach a legible copy with proof of filing.
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?
Document Type
Application
The application must allege that a default exists under the security agreement.
Alleges that a default under the security agreement exists?
Document Type
Application
The application must be verified.
Application is Verified.
Document Type
Application
The application must state that the required court order for sale of the property is sought.
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.
Document Type
Application
The application must describe facts establishing a default under the security instrument and applicable property law.
Describes facts which establish the existence of a default under the security instrument & Tex. Prop. Code §51.002
Document Type
Application
The application must allege that the debt is secured by a constitutional lien encumbering the property.
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?
Document Type
Application
The order must direct that foreclosure proceed under the security instrument and Texas Property Code section 51.002.
Directs that foreclosure proceed under the security instrument and Tex. Prop. Code §51.002?
Document Type
Order
If the respondent is represented, the order must direct certified mail of the foreclosure sale date to counsel.
(If respondent is represented by counsel) directs that notice of the foreclosure sale date shall also be mailed to counsel by certified mail?
Document Type
Order
The order must recite the property's mailing address and legal description stated in the application.
Recites the same mailing address and legal description of the property that appears in the application?
Document Type
Order
The application must allege that the applicant gave the required notices to cure the default and accelerate the debt's maturity.
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?
Document Type
Application
The order must provide that a copy of the order be sent to the respondent with the notice of sale.
Provides that a copy of the order shall be sent to respondent with the notice of sale?
Document Type
Order
The order must provide that the applicant may communicate with the respondent and the parties reasonably necessary to conduct the foreclosure sale.
Provides that applicant may communicate with the respondent and all 3 parties reasonably necessary to conduct the foreclosure sale?
Document Type
Order
The application must use the specified foreclosure caption naming the person receiving notice and the property mailing address.
Styled: In Re: Order of Foreclosure Concerning (name of person to receive notice of foreclosure) and (property mailing address)?
Document Type
Application
The application must specify the date the application and notice were mailed.
Must specify date mailed________________________________
Document Type
Application
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.
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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).
Page 1 | APPLICATION