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Rosanna Silverio and Alvin Green v. Traditional Heritage Homeowner Association, Inc.
02-15-00151-CV
| Tex. App. | May 1, 2015
|
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Case Information

*1 VA \

CAUSE NO. 14-07314-367 IN RE: ORDER FOR FORECLOSURE S 2nd£OUftTOF Af^ALS CONCERNING: | CO| ^^"H, T*T° Rosanna Sih/erio § r^1g0ljJ:Sftj39 PM

§ -^4M *^'> »^TjfeftA SPISAK and § ^OUftT 9£rk 8199 Robertson Drive, Frisco, Texas 75034 § *PWW**'* / * UnderTex. R.av. Proc. 736 § 367* JUDICIAL DISTRICT

Ams/tt>Bt> k FINAL JUDGMENT

On this day came on to be considered the above-entitled and numbered cause in which Traditional Heritage Village Homeowners Association, Inc. is the Plaintiff and Rosanna Silverio and Alvin Green are the Defendants, All parties,appearing herein, and throughtheir attorneys of record

Pursuant to Rule 736.8 of the Texas Rules of Civil Procedure: 1. The material facts that establish the basis for foreclosure are that a debt exists that is

secured by a Lien created under the Declaration of Covenants, Conditions and Restrictions for Traditional Heritage Village Homeowners Association, Inc. and evidenced bythe filing of a Lien by Plaintiff against Defendants' property in the Real Property Records of Denton County, Texas. The Declaration of Traditional HeritageVillage allowsfor foreclosure of the lien for unpaid assessments, interest, late fees and attorney's fees. The Property ownedby Defendants Is located at 8199 Robertson Drive, Frisco, Texas 75034 and is located in Traditional Heritage Village and is subject to said lien. Defendants have fjjetf to pay assessments, interest, late fees and attorney's fees related to the property. Cf(\i£S)

2, Defendants are the recordtitle holders to the real property, with all improvements thereon, located at 8199 Robertson Drive, Frisco, Texas 75034, and are thus members of Traditional Heritage Village Homeowners Association, Inc. Said property is more particularly described as follows:

Lot 18, Block I, of Heritage Village, Phase I, an addition to the City of Frisco, Denton County, Texas, according to the Plat thereof recorded in Cabinet U, Page 35 and 36, of the Piat Records of Denton County, Texas; Also known as: 8199 Robertson Drive, Frisco, Texas 75034.

FINAL JUDGMENT Pagel [1] *2 i 3. The name and last known address of each Respondent subject to the order is: Rosanna Siiverio 8199 Robertson Drive Frisco, Texas 75034 Alvin Green 8199 Robertson Drive Frisco,Texas 75034 Occupant(s) 8199 Robertson Drive Frisco,Texas 75034

4. The recording and indexing information for the lien against Defendants property is as follows: - Notice of Lien filed by Traditional Heritage Village against Rosanna Siiverio. Filed In the

DentonCounty Deed Records on August1,2014 at Instrument Number 2014-76437. IT ISTHEREFORE ORDERED that Plaintiff, Traditional Heritage Village Homeowners Association, Inc., is authorized to proceed with foreclosure of the Plaintiffs Lien under the Declaration of Covenants, Conditions, and Restrictions for Traditional Heritage Village Homeowners Association, Inc. pursuant to Section 209.0092 of the Texas Property Code. The total amount owing under the lien is

5. Should Respondent Rosanna Siiverio, her husband or any other occupant file bankruptcy, thisjudgment allows the Plaintiffs to proceed to foreclosure ontheirlien In Rem against the Property locatedat 8199 Robertson Drive, Frisco, Texas 75034.

6. Plaintiff is further awarded the following: a.

^SOQ.

dollars as attorney's fees; lo-addition. Plaintiff hawarded

fmfl thousand ($5,000.00)« aturacy't faas ifthe Pefentfamt imnirrnrrfiilly ipprwis

thin jurtgmrnt to thir r\"-"* ~* ftnnrflh *"ri mi jhMH'ti1 ft" *li""«J **&*** (f f/XK1 fifi) * Hi" rutftiwlmil mi ii t fully nppi nl-. in Tim iuprnmn foyrt ofTamrr

b. Interest at the rate of^S0% per year on the total judgment from the date of the judgment until the judgment is paid in full. c. Reasonable and waeeMary aHawai/r fnnr te be awarded to the Plai neanrnry pert Judgment axllyqiuw aftgfts FINAL JUDGMENT Pa8e2 *3 r4: d. A Declaration establishing Plaintiffs Uen securing Defendants' obligations to Plaintiff and ordering foreclosure of the lien and sale of the Property by duly appointed Trustee and/or Attorney of the Association and the proceeds applied towards satisfaction of the judgment amount;

e. Thitifthr rrnpi iin i iiiiiiiirlff'fmindnrlft.hr pr",^r,iTt*h' ' PfrfomffJeientto Mtlffythrjudgrnrnt. the PininiIff imilitn hrrrr nianrtablB a*«hci#M»h»<ha.«Mwey or my irpild hiltintn oitt gf any nthar preprtrtr nfthr nrfvirtnnli if in thw —1~»* jUidliiaiyiUJIULuliaiiJi,

f. That Plaintiff have judgment and execution against Defendant for any deficiency which may remain after applying all proceeds ofthe sale ofthe Property applicable to the satisfaction of judgment;

g. That Plaintiff or any other party to this action may become the purchaser at said sale; h. That the person or persons designated by the Court to conduct a sale execute a deed or deeds to the purchaser or purchasers according to the law; 1. That Plaintiff shall have all writs of execution and other process issued necessary to enforce this judgment; j. For all Costs ofCourt in this behaff expended. IT IS ORDERED that the Parties shall have allwritsof execution and other process necessary to enforce thisjudgment. ^^^j Signed this C40J day ofMwh, 2015 JUDGEPRESIDIN<£y ° ' % FINALJUDGMENT

Case Details

Case Name: Rosanna Silverio and Alvin Green v. Traditional Heritage Homeowner Association, Inc.
Court Name: Court of Appeals of Texas
Date Published: May 1, 2015
Docket Number: 02-15-00151-CV
Court Abbreviation: Tex. App.
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