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FILED
4/12/2023 2:40 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Margaret Thomas DEPUTY
CAUSE NO. DC—23-00833
IN RE: ORDER FOR FORECLOSURE IN THE DISTRICT COURT
CONCERNING
CARTMAN ROAD
1817
GARLAND, TX 75040
UNDER TEX. R. C IV. P. 736 DALLAS COUNTY, TEXAS
RESPONDENT
THANHAN NGUYEN 162ND JUDICIAL DISTRICT
MOTION FOR ENTRY OF DEFAULT ORDER
WITHOUT HEARING UNDER TRCP 736.7
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Summerfield at Garland Homeowners Association, Inc, (“Petitioner”)
files this Motion for Entry of a Rule 736 Default Order due to Thanhan Nguyen’s (“Respondent”)
failure to file a timely response as required by Tex. R. Civ. Proc. 736.5. In support of this Motion,
Petitioner would show as follows:
1. CERTIFICATE OF EAST KNOWN ADD—RESS: Respondent Thanhan Nguyen’s
last known address is: 1817 Cartman Road, Garland, TX 75040.
2. On January 18, 2023, Petitioner filed an Application for Expedited Foreclosure
Proceeding in accordance with Rule 736.1 seeking to obtain a Rule 736 order to
proceed with foreclosure against the property encumbered by a lien and the Declaration
of Covenants, Conditions and Restrictions for Summerfield, filed of record on February
28, 2001, in Volume 2001041, Page 01868, et seq. of the Official Public Records of
Dallas County, Texas and any other appiicable refilings or replatings thereof or
MOTION FOR ENTRY OF DEFAULT
ORDER WITHOUT HEARING UNDER TRCP 736.7 Page I
amendments, corrections or supplements thereto (the “Declaration”), sought to be
foreclosed.
3. As provided in Tex. R. Civ. Proc. 735.2:
"A Rule 736 order does not alter any foreclosure requirements or duty
imposed under applicable law or the terms of the loan agreement,
contract, or lien sought to be foreclosed. The only issue to be
determined in a Rule 736 proceeding is whether a party may obtain an
order under Rule 736 to proceed with foreclosure under applicable
law
”
4. Respondent was served with citation by the Clerk of this Court as required by Rule
736.3 and the return of service has been on file for more than ten days as required by
Rule 736.7(c). After being properly served, Respondent failed to file a timely response
as required by Rule 736.5.
5. This property is commonly known as 1837 Cartman Road, Garland, TX 75040 and is
more particularly described as:
Lot 46, in Biock 1, of SUMMERFIELD ADDITION, REVISED,
an addition to the City of Garland, Dallas County, Texas,
according to the Plat thereof recorded in Volume 2001958, Page
1642, of the Map Records of Dallas County, Texas, (the
“Property”).
6. As alleged in Petitioner’s Application, and supported by an affidavit made in
accordance with Rule 166a(i), the Respondent and all other persons who had a right to
cure the alleged default under applicable law were given the opportunity to cure the
default prior to Petitioner filing its application in this cause.
7. The material breach of Respondent’s obligations under the lien sought to be foreclosed
has not been cured or remedied.
MOTION FOR ENTRY 0F DEFAULT
ORDER WITHOUT HEARING UNDER TRCP 736.7 Page 2
8. Since no response was filed by Respondent, all facts in Petitioner’s Application
supported by affidavit constitute prima facie evidence of the truth of the matters alleged
as provided in Rule 736.7.
9. Petitioner’s Application filed in this cause complies with the requirements of Rule
736.1 and, as provided in Rule 7 36.7(b), the Court must grant a Default Order within
30 days of filing this Motion without Petitioner having to appear in court as specifically
provided in Rule 736.7(1)).
WHEREFORE, PREMISES CONSIDERED, Petitioner respectfully requests that a
Rule 736 Default Order be signed and entered by this court, together with such other and further
relief, at law or in equity, to which Petitioner may show itself justly entitled.
Respectfully submitted,
HENRY ODDO AUSTIN & FLETCHER, P.C.
A Professional Corporation
By: /4/ Judd A. AW, J4.
Judd A. Austin, Jr.
TBA No. 01434350
1717 Main Street, Suite 4600
Dallas, Texas 75201
Telephone: (214) 658—1900
Facsimile: (214) 65 8-191 9
Email: jaamex@hoaf.com
ATTORNEYS FOR PETITIONER
MOTION FOR ENTRY OF DEFAULT
ORDER WITHOUT HEARING UNDER TRCP 736.7 Page 3
CERTIFICATE OF SERVICE
This is to certify that true and correct copies of the foregoing instrument were served upon
Respondent Thanhan Nguyen, pro se, in the captioned cause pursuant to the Texas Rules of Civil
Procedure this 323'“ day of
and first class mail.
Afll! ,2023. via certified mail, return receipt requested
/4/ Jqu AW, J4”
Judd A. Austin, Jr.
MOTION FOR ENTRY OF DEFAULT
ORDER WITHOUT HEARING UNDER TRCP 736.7 Page 4
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FILED 4/12/2023 2:40 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Margaret Thomas DEPUTY CAUSE NO. DC—23-00833 IN RE: ORDER FOR FORECLOSURE IN THE DISTRICT COURT CONCERNING CARTMAN ROAD 1817 GARLAND, TX 75040 UNDER TEX. R. C IV. P. 736 DALLAS COUNTY, TEXAS RESPONDENT THANHAN NGUYEN 162ND JUDICIAL DISTRICT MOTION FOR ENTRY OF DEFAULT ORDER WITHOUT HEARING UNDER TRCP 736.7 TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Summerfield at Garland Homeowners Association, Inc, (“Petitioner”) files this Motion for Entry of a Rule 736 Default Order due to Thanhan Nguyen’s (“Respondent”) failure to file a timely response as required by Tex. R. Civ. Proc. 736.5. In support of this Motion, Petitioner would show as follows: 1. CERTIFICATE OF EAST KNOWN ADD—RESS: Respondent Thanhan Nguyen’s last known address is: 1817 Cartman Road, Garland, TX 75040. 2. On January 18, 2023, Petitioner filed an Application for Expedited Foreclosure Proceeding in accordance with Rule 736.1 seeking to obtain a Rule 736 order to proceed with foreclosure against the property encumbered by a lien and the Declaration of Covenants, Conditions and Restrictions for Summerfield, filed of record on February 28, 2001, in Volume 2001041, Page 01868, et seq. of the Official Public Records of Dallas County, Texas and any other appiicable refilings or replatings thereof or MOTION FOR ENTRY OF DEFAULT ORDER WITHOUT HEARING UNDER TRCP 736.7 Page I amendments, corrections or supplements thereto (the “Declaration”), sought to be foreclosed. 3. As provided in Tex. R. Civ. Proc. 735.2: "A Rule 736 order does not alter any foreclosure requirements or duty imposed under applicable law or the terms of the loan agreement, contract, or lien sought to be foreclosed. The only issue to be determined in a Rule 736 proceeding is whether a party may obtain an order under Rule 736 to proceed with foreclosure under applicable law ” 4. Respondent was served with citation by the Clerk of this Court as required by Rule 736.3 and the return of service has been on file for more than ten days as required by Rule 736.7(c). After being properly served, Respondent failed to file a timely response as required by Rule 736.5. 5. This property is commonly known as 1837 Cartman Road, Garland, TX 75040 and is more particularly described as: Lot 46, in Biock 1, of SUMMERFIELD ADDITION, REVISED, an addition to the City of Garland, Dallas County, Texas, according to the Plat thereof recorded in Volume 2001958, Page 1642, of the Map Records of Dallas County, Texas, (the “Property”). 6. As alleged in Petitioner’s Application, and supported by an affidavit made in accordance with Rule 166a(i), the Respondent and all other persons who had a right to cure the alleged default under applicable law were given the opportunity to cure the default prior to Petitioner filing its application in this cause. 7. The material breach of Respondent’s obligations under the lien sought to be foreclosed has not been cured or remedied. MOTION FOR ENTRY 0F DEFAULT ORDER WITHOUT HEARING UNDER TRCP 736.7 Page 2 8. Since no response was filed by Respondent, all facts in Petitioner’s Application supported by affidavit constitute prima facie evidence of the truth of the matters alleged as provided in Rule 736.7. 9. Petitioner’s Application filed in this cause complies with the requirements of Rule 736.1 and, as provided in Rule 7 36.7(b), the Court must grant a Default Order within 30 days of filing this Motion without Petitioner having to appear in court as specifically provided in Rule 736.7(1)). WHEREFORE, PREMISES CONSIDERED, Petitioner respectfully requests that a Rule 736 Default Order be signed and entered by this court, together with such other and further relief, at law or in equity, to which Petitioner may show itself justly entitled. Respectfully submitted, HENRY ODDO AUSTIN & FLETCHER, P.C. A Professional Corporation By: /4/ Judd A. AW, J4. Judd A. Austin, Jr. TBA No. 01434350 1717 Main Street, Suite 4600 Dallas, Texas 75201 Telephone: (214) 658—1900 Facsimile: (214) 65 8-191 9 Email: jaamex@hoaf.com ATTORNEYS FOR PETITIONER MOTION FOR ENTRY OF DEFAULT ORDER WITHOUT HEARING UNDER TRCP 736.7 Page 3 CERTIFICATE OF SERVICE This is to certify that true and correct copies of the foregoing instrument were served upon Respondent Thanhan Nguyen, pro se, in the captioned cause pursuant to the Texas Rules of Civil Procedure this 323'“ day of and first class mail. Afll! ,2023. via certified mail, return receipt requested /4/ Jqu AW, J4” Judd A. Austin, Jr. MOTION FOR ENTRY OF DEFAULT ORDER WITHOUT HEARING UNDER TRCP 736.7 Page 4