This form may be used to request an order to sell property of the estate held as security by the creditor. See Tex. Est. Code §§ 356.201–.203 and 1158.001–.706. See the discussion at sections 29.40:1 and 29.68 in this chapter. This form assumes the application is for sale of property of a decedent’s estate; it should be modified as appropriate for sale of guardianship property.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
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Use the same caption as in the petition at form 29-2. |
Application for Sale of Collateralized Property
[Name of creditor], Movant, requests that the Court enter an order to sell property of the estate of [name of debtor], Decedent, and shows as follows:
1.Security Interest. Movant has a security interest in the following property: [describe collateral as specifically as possible]. This security interest is evidenced by [describe security agreement]. A copy of this instrument is attached as Exhibit [exhibit number/letter] and incorporated by reference.
2.Claim Approved and Entered. Movant’s secured claim has been [allowed/established by suit] and approved.
3.Reason for Sale. Movant requests the sale of this property because [list reasons].
4.Method of Sale. It is in the best interest of the estate to have the property sold at public [include if applicable: or private] sale [include additional terms of sale if applicable].
5.Not Exempt Property. The property is not exempt property.
6.Prayer. Movant requests that—
a.the personal representative of Decedent’s estate be cited to appear and show cause why the property should not be sold;
b.the Court enter its order of sale of the property; and
c.the Court grant all further relief to which Movant may be entitled.
[Name]
Attorney for Movant
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]
Notice of Hearing
It is ORDERED that the clerk issue notice to [name of personal representative], Respondent, and Respondent is ORDERED to appear before this Court on [date and time], at [address], to show cause why [describe collateral] should not be sold as requested in the attached motion.
SIGNED on ________________________________.
JUDGE PRESIDING
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Attach exhibit(s) and order authorizing sale of collaterized property (form 29-4). |