Note: When preparing this form, the attorney should carefully review Tex. Prop. Code §§ 51.0001, 51.0025, and 51.0075 and Tex. Bus. & Com. Code §§ 3.203 and 3.301 to ensure any reference to a person accurately describes the role the person holds or performs in the context of a foreclosure proceeding, e.g., references to “noteholder,” “beneficiary,” “owner,” “lender,” “obligor of the debt,” “mortgagor,” “mortgagee,” or “mortgage servicer” as appropriate.
Final Judgment
On this [date], came to be heard the above-styled and -numbered cause brought by Plaintiff, [name of plaintiff], Plaintiff’s successor and assigns, by and through [name of mortgage servicer], Plaintiff’s mortgage servicer and duly authorized agent for loan servicing administration for the loan agreement made the subject of this suit. Plaintiff is the current mortgagee of the loan agreement.
Plaintiff appeared by attorney and through Plaintiff’s attorney of record announced ready. [Select one of the following: Defendant, [name of defendant], appeared [in person/by attorney] and announced ready/ Defendant, [name of defendant], having been duly cited and served with citation and a copy of Plaintiff’s petition, failed to appear and answer. The Court considers Defendant’s failure to file an answer or appear in this cause as Defendant’s consent for the Court to grant this judgment by default].
The Court determined it had jurisdiction over the subject matter and the parties, and no Defendant is protected under the Servicemembers Civil Relief Act.
This suit concerns a loan agreement secured by real property and improvements as collateral and commonly known as [address] and more particularly described as: [legal description].
After considering the pleadings and the papers on file in this cause, hearing the testimony and arguments of counsel, and considering the evidence, the Court is of the opinion that Judgment should be granted.
Therefore, the Court GRANTS Final Judgment against Defendant, [name of defendant], as obligor and mortgagor of the loan agreement secured by the property.
Accordingly, it is ORDERED as follows:
1.After allowing all just and lawful credits and offsets as of the date of judgment, Plaintiff shall recover from Defendant as obligor of the note: (a) the unpaid principal in the amount of $[amount]; (b) legally accrued but unpaid interest through the date of judgment in the amount of $[amount]; (c) all fees, charges, and costs to include reasonable attorney’s fees as provided in the loan agreement until the date of judgment in the amount of $[amount]; and (d) all court costs.
2.All right, title, and interest in the property described above held by obligor of the note and mortgagor of the security agreement is to be foreclosed and the proceeds of a foreclosure sale applied to the debt owed to Plaintiff by Defendant.
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Select one of the following options. |
3.Plaintiff has elected the foreclosure remedy of judicial foreclosure under Tex. R. Civ. P. 309 with an order of sale prepared by the clerk of the court and issued to the sheriff or constable in [county where property is located] County in the amount of $[total amount listed in paragraph 1 above] plus costs of court and all foreclosure costs and expenses allowed by law.
3. Plaintiff has elected the foreclosure remedy of nonjudicial foreclosure by the mortgagee under the power of sale and the terms and conditions found in the deed of trust pursuant to the Uniform Declaratory Judgment Act.
3. Plaintiff has elected the foreclosure remedy of foreclosure of a vendor’s lien which, for due-process purposes, may be accomplished by the logistical means of a nonjudicial foreclosure process under the terms and conditions of the deed of trust and Tex. Prop. Code ch. 51; however, Plaintiff’s credit bid is limited to same or less than the purchase money used to acquire the property in the amount of $[amount].
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Continue with the following. |
4.After foreclosure and if Plaintiff is the successful purchaser of the property, a writ of possession shall issue against Defendant, any person with an interest in the property arising from Defendant, or any occupant of the property in accordance with Tex. R. Civ. P. 310.
5.All relief not expressly granted is denied.
6.This judgment finally disposes of all parties and all claims and is appealable.
7.The Court orders all writs necessary to enforce this judgment be issued.
Signed this ____ day of ____________________, __________.
JUDGE PRESIDING