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Rule 736.8. Order (2012)


(a) The court must issue an order granting the application if the petitioner establishes the basis for the foreclosure. Otherwise, the court must deny the application.

(b) An order granting the application must describe:

(1) the material facts establishing the basis for foreclosure;
(2) the property to be foreclosed by commonly known mailing address and legal description;
(3) the name and last known address of each respondent subject to the order; and
(4) the recording or indexing information of each lien to be foreclosed.

(c) An order granting or denying the application is not subject to a motion for rehearing, new trial, bill of review, or appeal. Any challenge to a Rule 736 order must be made in a suit filed in a separate, independent, original proceeding in a court of competent jurisdiction.

Adopted by order of Oct. 17, 2011, eff. Jan. 1, 2012. Amended by order of Dec. 12 and Dec. 30, 2011, eff. Jan. 1, 2012.

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