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Rule 309. In Foreclosure Proceedings


Judgments for the foreclosure of mortgages and other liens shall be that the plaintiff recover his debt, damages and. costs, with a foreclosure of the plaintiff's lien on the property subject thereto, and, except in judgments against executors, administrators and guardians, that an order of sale shall issue to the sheriff or any constable of any county of the State of Texas, directing him to seize and sell the same as under execution, in satisfaction of the judgment; and, if the property cannot be found, or if the proceeds of such sale be insufficient to satisfy the judgment, then to make the money or any balance thereof remaining unpaid, out of any other property of the defendant, as in case of ordinary executions.

Source: Art. 2218.

Change: The order of sale is to be directed to the sheriff or constable of any county of the State, in harmony with the rules relating to executions.

Oct. 29, 1940, eff. Sept. 1, 1941.


July 20, 1966, eff. Jan. 1, 1967