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  • DEUTSCHE BANK V ZELEDON HOME EQUITY LOAN FORECLOSURE (GEN LIT ) document preview
  • DEUTSCHE BANK V ZELEDON HOME EQUITY LOAN FORECLOSURE (GEN LIT ) document preview
						
                                

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(ANAM 001437916 Filed in The District Court notice sent: (Soa yperpqiory None DC BK10090 PG92 of Travis County, Texas Disp Parties: __. Disp code: (ev) cus A 1D MAR 26 20% AH Redact pés__ =< At 326? y, 1-2 8P y Amalia Rodriguez-t Judge Het use No. D-1-GN-09-004390 alla Rodriguez-Mendoza, Clerk In re: Order for Foreclosure Conceming § IN THE DISTRICT COURT § JOHNY J. ZELEDON and GUILLERMINA = § ZELEDON § OF TRAVIS COUNTY, TEXAS § and § § 126™ JUDICIAL DISTRICT 2304 Sorret Tree § Austin, Texas 78744 § ORDER TO PROCEED WITH NOTICE OF FORECLOSURE SALE AND FORECLOSURE SALE Came on to be considered the Application of DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS FOR AMERIQUEST MORTGAGE SECURITIES TRUST 2004-R8, ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2004-R8, BY ITS SERVICER-IN-FACT, AMERICAN HOME MORTGAGE SERVICING, ING., for Expedited Foreclosure Proceeding Pursuant to Rule 736 of the Texas Rules of Civil Procedure relative to JOHNY J. ZELEDON and GUILLERMINA ZELEDON (collectively, “Respondent’) and that certain real property more particularly described as follows: LOT 7, BLOCK C, OF PEPPERTREE PARK, SECTION ONE, AN ADDITION IN TRAVIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN BOOK 50, PAGE 64, OF THE PLAT RECORDS OF TRAVIS GOUNTY, TEXAS which has a mailing address of 2304 Sorret Tree, Austin, Texas 78744 (‘Property’). Whereas, a debt exists under the Texas Home Equity Note and Texas Home Equity Security instrument executed by Respondent; the debt is secured by a lien created under TEX. CONST. art. XVI, § 50(aX(6) that encumbers the Property, a default under the Texas Home Equity Security Instrument exists; Applicant has given Respondent the requisite notices to cure the default and accelerate the maturity of the debt under the Texas Home Equity Security Instrument and TEX. PRoP. Cope 51.002 and applicable law; and Applicant has given Respondent the requisite notice of this proceeding under Rule 736 of the Texas Rules of Civil Procedure. Itis hereby ORDERED that Applicant, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS FOR AMERIQUEST MORTGAGE SECURITIES TRUST 2004-R8, ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2004-R8, BY iTS SERVICER-IN-FACT, AMERICAN HOME MORTGAGE SERVICING, INC. is authorized to proceed with foreclosure under the Texas Home Equity Security Instrument executed by Respondent and TEX. PROP. CODE § 51.002. Itis further 4000539108 Fahm/1946DC BK10090 PG93 ORDERED that a copy of this Order shall be sent to Respondent with the Notice of Sale of the Property. It is further ORDERED that the Applicant, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS FOR AMERIQUEST MORTGAGE SECURITIES TRUST 2004-R8, ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2004-R8, BY ITS SERVICER-IN-FACT, AMERICAN HOME MORTGAGE SERVICING, ING., may communicate with the Respondent and all third parties reasonably necessary to conduct the foreclosure sale of the Property, and, if Respondent is represented by tegal counsel, notice of the foreclosure sale date shall also be mailed to legal counsel by certified mait. DATED thie ( Oday of Ma poke , 201 JUDGE PRESIDING APPROVED: Bys Carolygl A. Taylor (CTaylor@hwallp.com) TBA #08526800 Brendétta A. Scott (BScott@hwallp.com) TBA #24012219 Dominique M. Vamer (DVarner@hwallp.com) TBA #00791182 tiames E. Potts JEP@hwallp.com) TBA #24056159 Pascal Arteaga (PArteaga@hwallp.com) TBA #24064838 Patrick McCarren (PMccarren@hwa.com) TBA #24051670 HUGHES, WATTERS & ASKANASE, L.L.P. 333 Clay, Suite 2900 Houston, Texas 77002 (713) 759-0818 telephone (713) 759-6834 telecopier 4000539108 Fahm/1946