Texas Ct. Says No Evidence is Necessary to Support a Default Judgment for Foreclosure

Texas Appellate Court decision (November 4, 2014).

A homeowners association filed an action for damages and foreclosure against homeowners that wee delinquent in the payment of assessments owed to the association. The homeowners failed to appear in the action and the court entered a default judgment in favor of the homeowners association for damages but denied the association the remedy of foreclosure on its assessment lien. The homeowners association appealed on the basis that the governing documents for the homeowners association expressly provide for the remedy of foreclosure.

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