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CAUSE NO. DC-22-17263
IN RE: ORDER FOR FORECLOSURE IN THE DISTRICT COURT
CONCERNING
PRESERVE BOULEVARD
1239
CEDAR HILL, TX 75104
UNDER TEX. R. CIV. P. 736 DALLAS COUNTY, TEXAS
RESPONDENT
FERAS RAHHAL 95TH JUDICIAL DISTRICT
RULE 736 DEFAULT ORDER
ON THIS DAY, came to be considered the Motion for Rule 736 Default Order Without
Hearing Under Tex. R. Civ. Proc. 736.7 filed by POA of The Sanctuary at Lake Ridge
(“Petitioner”). The Court has determined it has jurisdiction over the subject matter and parties in
this proceeding and has jurisdiction to enter judgment in this case. Citation was properly served
by the Clerk of the Court on Feras Rahhal (“Respondent”) and the return of service for each
Respondent has been on file for more than ten days. After considering the pleadings and supporting
sworn affidavit, the Court grants Petitioner’s Motion for Rule 736 Default Order. The Court finds
the following:
l. Each Respondent failed to file a timely response to Petitioner’s Application; therefore,
pursuant to Rule 736.7(a), all facts alleged in the Application, which was supported by
an Affidavit of Material Facts under Rule l66a(f), constitute prima facie evidence of
truth of the matters alleged pursuant to Rule 736.7(a).
2. Petitioner’s Application complies with the requirements of Rule 736.1.
3. The Respondent is Feras Rahhal, whose last known address is 6414 Plainview Drive,
Arlington, TX 75018.
RULE 736 DEFAULT ORDER Page l
4. The real property and improvements sought to be foreclosed is commonly known as
1239 Preserve Boulevard, Cedar Hill, TX 75104 and more particularly described as:
Lot 2540, Block P, LAKE RIDGE, SECTION 20, an addition to
the City of Grand Prairie, Dallas County, Texas, according to the
amended Plat thereof recorded under County Clerk's File No.
20070343408, Official Public Records, Dallas, County, Texas,
(the “Property”).
The lien created under the Declaration of Covenants, Conditions and Restrictions for
Lake Ridge at Joe Pool Lake Section 20 (The Sanctuary), filed of record on October
26, 2007 under Instrument No. 20070383687 of the Official Public Records of Dallas
County, Texas and any other applicable refilings or replatings thereof or amendments,
corrections or supplements thereto (the “Declaration”) encumbers the Property. Notice
of said lien is recorded as Instrument Number 202200164018 in the Official Public
Records of Dallas County, Texas.
5. The material facts establishing the basis of Petitioner’s right to continue with a
foreclosure under applicable law are:
a. Though given notice and opportunity to cure the default under applicable law,
each Respondent obligated under the lien sought to be foreclosed failed to cure
the default before Petitioner filed its Application in this cause;
b. At the time the Application was filed, Respondent has materially breached
Respondent’s obligation secured by the lien sought to be foreclosed by failing
to make payment of assessments to Petitioner through and including the date
hereof, and failed to pay the amount necessary to cure the default.
RULE 736 DEFAULT ORDER Page 2
6. Pursuant to Rule 736.8, this Rule 736 Default Order is not subject to a motion for
rehearing, new trial, bill of review, or appeal. Any challenge to this Order must be made
in suit filed in a separate, independent, original proceeding in a court of competent
jurisdiction.
7. Based on Petitioner’s affidavit filed with its Application, each ”Respondent who is a
natural person is not a member of the United States military or under the protection of
the Servicemembers Civil Relief Act. 50 U.S.C app. 501 et seq.
IT IS THEREFORE ORDERED that Petitioner is authorized to proceed with foreclosure
of the Petitioner’s lien as allowed under the Declaration pursuant to Section 209.0092 of the Texas
Property Code and Rule 736 of the Texas Rules of Civil Procedure.
IT IS FURTHER ORDERED that Petitioner 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 legal counsel, notice of the foreclosure sale date shall also be mailed
to legal counsel by certified mail.
Signed this day of , 20
JUDGE PRESIDING
RULE 736 DEFAULT ORDER Page 3
Approved:
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) 658-1919
Email: jaamex@hoaf.com
ATTORNEYS FOR PETITIONER
RULE 736 DEFAULT ORDER Page 4
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CAUSE NO. DC-22-17263 IN RE: ORDER FOR FORECLOSURE IN THE DISTRICT COURT CONCERNING PRESERVE BOULEVARD 1239 CEDAR HILL, TX 75104 UNDER TEX. R. CIV. P. 736 DALLAS COUNTY, TEXAS RESPONDENT FERAS RAHHAL 95TH JUDICIAL DISTRICT RULE 736 DEFAULT ORDER ON THIS DAY, came to be considered the Motion for Rule 736 Default Order Without Hearing Under Tex. R. Civ. Proc. 736.7 filed by POA of The Sanctuary at Lake Ridge (“Petitioner”). The Court has determined it has jurisdiction over the subject matter and parties in this proceeding and has jurisdiction to enter judgment in this case. Citation was properly served by the Clerk of the Court on Feras Rahhal (“Respondent”) and the return of service for each Respondent has been on file for more than ten days. After considering the pleadings and supporting sworn affidavit, the Court grants Petitioner’s Motion for Rule 736 Default Order. The Court finds the following: l. Each Respondent failed to file a timely response to Petitioner’s Application; therefore, pursuant to Rule 736.7(a), all facts alleged in the Application, which was supported by an Affidavit of Material Facts under Rule l66a(f), constitute prima facie evidence of truth of the matters alleged pursuant to Rule 736.7(a). 2. Petitioner’s Application complies with the requirements of Rule 736.1. 3. The Respondent is Feras Rahhal, whose last known address is 6414 Plainview Drive, Arlington, TX 75018. RULE 736 DEFAULT ORDER Page l 4. The real property and improvements sought to be foreclosed is commonly known as 1239 Preserve Boulevard, Cedar Hill, TX 75104 and more particularly described as: Lot 2540, Block P, LAKE RIDGE, SECTION 20, an addition to the City of Grand Prairie, Dallas County, Texas, according to the amended Plat thereof recorded under County Clerk's File No. 20070343408, Official Public Records, Dallas, County, Texas, (the “Property”). The lien created under the Declaration of Covenants, Conditions and Restrictions for Lake Ridge at Joe Pool Lake Section 20 (The Sanctuary), filed of record on October 26, 2007 under Instrument No. 20070383687 of the Official Public Records of Dallas County, Texas and any other applicable refilings or replatings thereof or amendments, corrections or supplements thereto (the “Declaration”) encumbers the Property. Notice of said lien is recorded as Instrument Number 202200164018 in the Official Public Records of Dallas County, Texas. 5. The material facts establishing the basis of Petitioner’s right to continue with a foreclosure under applicable law are: a. Though given notice and opportunity to cure the default under applicable law, each Respondent obligated under the lien sought to be foreclosed failed to cure the default before Petitioner filed its Application in this cause; b. At the time the Application was filed, Respondent has materially breached Respondent’s obligation secured by the lien sought to be foreclosed by failing to make payment of assessments to Petitioner through and including the date hereof, and failed to pay the amount necessary to cure the default. RULE 736 DEFAULT ORDER Page 2 6. Pursuant to Rule 736.8, this Rule 736 Default Order is not subject to a motion for rehearing, new trial, bill of review, or appeal. Any challenge to this Order must be made in suit filed in a separate, independent, original proceeding in a court of competent jurisdiction. 7. Based on Petitioner’s affidavit filed with its Application, each ”Respondent who is a natural person is not a member of the United States military or under the protection of the Servicemembers Civil Relief Act. 50 U.S.C app. 501 et seq. IT IS THEREFORE ORDERED that Petitioner is authorized to proceed with foreclosure of the Petitioner’s lien as allowed under the Declaration pursuant to Section 209.0092 of the Texas Property Code and Rule 736 of the Texas Rules of Civil Procedure. IT IS FURTHER ORDERED that Petitioner 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 legal counsel, notice of the foreclosure sale date shall also be mailed to legal counsel by certified mail. Signed this day of , 20 JUDGE PRESIDING RULE 736 DEFAULT ORDER Page 3 Approved: 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) 658-1919 Email: jaamex@hoaf.com ATTORNEYS FOR PETITIONER RULE 736 DEFAULT ORDER Page 4