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Rule 735. Procedures (Apr2000)


A party seeking to foreclose a lien created under Tex. Const. art. XVI, § 50(a)(6), for a home equity loan, or Tex. Const. art. XVI, § 50(a)(7), for a reverse mortgage, that is to be foreclosed on grounds other than Tex. Const. art. XVI, §§ 50(k)(6)(A) or (B), may file: (1) a suit seeking judicial foreclosure; (2) a suit or counterclaim seeking a final judgment which includes an order allowing foreclosure under the security instrument and Tex. Prop. Code § 51.002; or (3) an application under Rule 736 for an order allowing foreclosure.

Amended by order of April 12, 2000, eff. April 15, 2000

Notes and Comments

Comment to Rule 735: Rules 735 and 736 do not change duties of a lender seeking foreclosure. These rules do not preclude a respondent from timely proceeding in district court to contest the right to foreclose or abate a Rule 736 proceeding.

Prior Amendments Future Amendments
Jan. 27, 1998, eff. May 15, 1998 rewritten see 735.1-735.3, eff. Jan. 1, 2012
Feb. 10, 2000, eff. April 15, 2000