Layegh v. Stonebridge Ranch Cmty. Ass'n, Inc., No. 05-15-00494-CV, 2015 Tex. App. LEXIS 8350, at *1 (App.—Dallas 2015) (Foreclosure; Civil Procedure)
Rule 736.8(c) provides that an order granting an application for an expedited order allowing foreclosure is not subject to appeal and that any challenge to a Rule 736 order must be made in a suit filed in a separate, original proceeding.
Onwuteaka v. Cohen, 846 S.W.2d 889 (Tex. App.—Houston [1st Dist.] 1993, writ denied). (Service; Consideration)
When calculating proper notice, the day of mailing is included and the day of foreclosure sale is excluded. Therefore, when notice was mailed on Dec 12 for a foreclosure sale to be held on Jan 2, the 21 day notice requirement was met. When a tenant owns more than one property, notice and service will be proper when mailed to the last known address on file with the association, even when that address is the unit to be foreclosed. A trustee is not guilty of fraud in selling a foreclosed condominium unit at an “inadequate price” if there is no evidence of a prior or improper relationship between owner and buyer, a pre-determined sales price, or a fixed bidding process. The appointment of a trustee is effective upon execution rather than acknowledgement. Accordingly, a sale is valid if performed on or after the date of execution of the appointment, even if the appointment has not been acknowledged.
Aghili v. Banks, 63 S.W.3d 812 (Tex. App.—Houston [14th Dist.] 2001, pet. denied). (Condominium Foreclosure)
Unless expressly stated in the declaration, notice is not required before foreclosure on a condominium when the owner has failed to pay assessments. A condominium owner's obligation to pay levied assessments is secured by a continuing lien on the condominium unit. Recording of the lien in declaration constitutes both notice and perfection of the lien. An attorney may not testify as a witness, even when the attorney is representing himself, unless one of the exceptions from Tex. Disciplinary R. Prof. Conduct 3.08 applies. Allowing such testimony will constitute abuse of discretion.
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