[Caption. See § 3 of the Introduction in this manual.]
Application for Foreclosure of Real Property
[Name of mortgagee] (“Claimholder”) makes this Application for Foreclosure of Real Property and shows as follows:
1.This proceeding concerns the real property and improvements commonly known as [address] (“Property”), and more particularly described as follows: [legal description].
2.Texas Estates Code section 355.155 provides that if a property securing a debt for which a claim is allowed, approved, and fixed is not sold or distributed within six months from the date letters are granted, the representative of the estate must promptly pay all maturities which have accrued on the debt; and if the representative defaults, the court shall authorize foreclosure by the claimholder.
3.Claimholder holds a claim secured by a valid mortgage, which has been allowed and approved as a preferred debt and lien against the Property. See the Order Approving Claim, attached hereto as Exhibit A.
4.The representative of the estate has defaulted on payment or performance of the terms of the contract securing the Property as established by the Affidavit of Claimholder, attached hereto as Exhibit B. On or about [date], letters were granted to [name of administrator] as representative of the estate. Therefore, it has been more than six months since letters were issued. Claimholder seeks an order authorizing foreclosure of the Property in conformity with Texas Estates Code sections 355.156 through 355.160.
5.In accordance with Texas Estates Code section 355.157, Claimholder requests that the clerk issue citation upon [name of administrator], personal representative of the estate, by and through [his/her] attorney of record, [name of attorney], [address of attorney].
6.Further, pursuant to Texas Estates Code section 355.158, upon hearing and determination by the Court that there is a default in payment or performance under the contract securing the payment of the claim, Claimholder requests that the Court enter an order authorizing foreclosure in conformity with the provisions of the security instrument and Texas Property Code section 51.002(a), (b)(1) and (2), and (c), as such would pass both constitutional and statutory muster as to the method and means to fairly conduct a public sale.
7.Claimholder contends that these proceedings have given constructive notice of the demand to cure, notice of intent to accelerate, and notice of acceleration of the maturity of the debt to all persons legally obligated to receive such notices. Therefore, notice to all persons legally obligated to receive such notices should be given, if at all, in accordance with the security instrument and Texas Property Code section 51.002(b)(1) and (2), and copies mailed to the representative of the estate and the representative’s attorney of record.
Claimholder prays that this Court issue an order authorizing foreclosure of the property.
[Name]
Attorney for [name of claimholder]
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]
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Attach exhibits. |