[Caption. See § 3 of the Introduction in this manual.]
Plaintiff’s First Original Petition for Forcible Detainer
TO THE HONORABLE JUDGE OF SAID COURT:
Comes now [name of grantee in foreclosure sale deed or successor in interest], Plaintiff herein, and files this First Original Petition for Forcible Detainer, and for grounds, therefore, would show the Court as follows:
I.
Introduction
1.Plaintiff is [name of grantee in foreclosure sale deed or successor in interest]; Defendant is [name of defendant] and/or all occupants of [address].
2.Plaintiff sued Defendant for forcible detainer. As a matter of law, the only issue before this Court is whether Plaintiff is entitled to immediate possession of the property located at [address] (the “Subject Property”).
II.
Discovery
3.Discovery is intended to be conducted in accordance with Tex. R. Civ. P. 500.9.
III.
Jurisdiction
4.This Court has jurisdiction of this case pursuant to rule 510 of the Texas Rules of Civil Procedure and chapter 24 of the Texas Property Code. Venue is properly in this Court as said Subject Property lies within the precinct boundaries of this Court.
IV.
Forcible Detainer
5.Plaintiff would show unto this Court that the Subject Property was purchased at a nonjudicial foreclosure as evidenced by a trustee’s deed, which is recorded in the real property records of [county] County, Texas. Plaintiff is the [foreclosure sale purchaser/successor in interest to the foreclosure sale purchaser].
6.The foreclosure sale by which the grantee purchased the Subject Property was held pursuant to the terms of a deed of trust. [Insert specific provisions from the deed of trust, e.g., The foreclosed upon deed of trust provides that if the Subject Property was foreclosed, “Borrower or any person holding possession of the Property through Borrower shall immediately surrender possession of the Property to the purchaser at that sale.” It further provides that “if possession is not surrendered, Borrower or such person shall be a tenant at sufferance and may be removed by writ of possession.”]
7.On [date], Plaintiff provided written notice by certified and first-class mail to Defendant that the Subject Property should be vacated in accordance with the Texas Property Code. Notwithstanding said demand, Defendant continues to reside in the premises, to the exclusion of Plaintiff. As such, Defendant has committed a forcible detainer.
8.All conditions precedent to Plaintiff’s recovery of possession of the Subject Property have been performed or have occurred.
Prayer
WHEREFORE, PREMISES CONSIDERED, Plaintiff asks that the Court issue citation for Defendant to appear and answer, and that Plaintiff be awarded judgment against Defendant for possession of the Subject Property and for issuance of a writ of possession. In addition, Plaintiff asks for all other relief to which Plaintiff is entitled.
Respectfully submitted,
[Name]
Attorney for Plaintiff
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]
Verification
State of Texas)
County of)
BEFORE ME, the undersigned authority, on this day personally appeared [name of affiant], known to me to be the person whose signature is subscribed below and who, after being by me duly sworn, stated upon [his/her] oath the following:
“I am an authorized agent acting on behalf of the Plaintiff in this action and am capable of making this verification. I have read the Plaintiff’s First Original Petition for Forcible Detainer. The facts stated in it are within my personal knowledge and are true and correct.”
[Name of affiant]
SWORN TO AND SUBSCRIBED BEFORE ME by the said [name of affiant] on the______ day of ______________, 20___.
Notary Public, State of Texas