Texas Ct. Says Judgment for Foreclosure of Lien Must Include “Order of Sale.”

Texas Appellate Court decision (November 26, 2014)

In this case, a homeowners association brought suit against a homeowner member of the association to collect unpaid assessments, late fees, attorney fees, and to foreclose on the homeowners separate interest in the association. The homeowner did not respond to the association’s complaint so the Texas court entered a default judgment in favor of the association but the trial court judgment did not grant the association “an order of sale.” Without that additional order, the association could not complete a foreclosure sale of the separate interest.

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