Preview
N0. DC-23—01576
ANA 1). SOTO, § 1N THE DISTRICT COURT
§
Plaintiff,
g
v. 14th JUDICIAL DISTRICT
g
CANDENCE BANK formally known §
as BANCORPSOUTH BANK, its §
successors and/or assigns, §
§
Defendant.
g
M DALLAS COUNTY, TEXAS
TEMPORARY RESTRAINING ORDER
On this date the Application for a Temporary Restraining Order of Plaintiff, Patricia
Renee Gardner, that was incorporated into the Plaintiffs Original Verifierl Petition and
Application for Temporary Restraining Order and Temporary Injunction (“Petition”) filed in this
i
cause, was heard and considered before this court.
Based upon the pleadings, exhibits, records, and documents filed by counsel and
presented to the Court, as well as the arguments of counsel at the hearing, IT CLEARLY
APPEARS:
A. That unless Defendant First Candence Bank formally known as
BancorpSouth Bank, is immediately restrained and enjoined, the Defendant will proceed
with foreclosure and foreclose upon Plaintiff s homestead property described in her
Petition, and Plaintiff will suffer an immediate and irreparable harm and will have no
adequate remedies under the law, and the Defendant will commit the foregoing before
notice and a hearing on Plaintiff’s Application for Temporary Injunction.
B. Plaintiff will suffer an irreparable harm if the Defendant, and/or any of
their agents, employees, attorneys, trustees, substitute trustees, successors and/or assigns
Temporary Restraining Order — Ana D. Soto _
Page 1
are not restrained immediately because Plaintiff will lose possession of her homestead
residence, which is unique and irreplaceable, and there is no adequate remedy at law to
grant Plaintiff complete, final and equitable relief.
C. Plaintiff has provided notice to the Defendant, through the Law Office of
Haley & Olson, P.C, who is the local foreclosure attorney processing the foreclosure, of
the filing of Plaintiff’s Petition at least two (2) hours before this Court conducted this
hearing and has provided the Court with a Certificate of Conference to evidence the same
as required by the Local Rules of the Dallas County District Courts.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Defendant
First Candence Bank formally known as BancorpSouth Bank, and each of their agents, employees,
attorneys, trustees, substitute trustees, successors and/or assigns are each hereby ORDERED to
immediately cease and desist from proceeding with any and all efforts to foreclose upon Plaintiff s
homestead property described in Plaintiff’ s Petition, which is commonly known as 1307 Falcon
Hollow Lane, Cedar Hill, Texas 751004, and that the Defendant is hereby immediately enjoined
and restrained from the date of entry of this order until fourteen (l4) days hereafter, or until further
order of this Court.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiffs
Application for Temporary Injunction be heard on 40 Mum},
’
at I l) o’clock g. M.
{wk Judicial District Court of Dallas County located in the George L.
'
in the courtroom of the
Allen, Sr. Building 600 Commerce Street, {fkli‘loon Dallas, Texas 75202, and that the
Defendant is commanded to appear at that time and provide reasons, if any, why a temporary
injunction should not be issued against said Defendant.
The clerk of the above-entitled court shall issue a notice of entry of a temporary
Temporary Restraining Order — Ana D. Soto Page 2
restraining order in conformity with the law and the terms of this order, to include a copy of this
order, upon the posting by Plaintiff of the bond hereinafter set forth.
This order shall not be effective until Plaintiff deposits with the Dallas County District
Clerk a cash bond in the amount of $ 3 fl 6 CD , 0r in the form of a check drawn from the
Plaintiffs counsel’s business checking account, in due conformity with applicable law.
SIGNED and ENTERED on this day of 2023., at..M.o’c1ock,&. M.
Q _
DISTRICT JUDGE
Temporary Restraining Order — Ana D. Soto Page 3
Preview
N0. DC-23—01576 ANA 1). SOTO, § 1N THE DISTRICT COURT § Plaintiff, g v. 14th JUDICIAL DISTRICT g CANDENCE BANK formally known § as BANCORPSOUTH BANK, its § successors and/or assigns, § § Defendant. g M DALLAS COUNTY, TEXAS TEMPORARY RESTRAINING ORDER On this date the Application for a Temporary Restraining Order of Plaintiff, Patricia Renee Gardner, that was incorporated into the Plaintiffs Original Verifierl Petition and Application for Temporary Restraining Order and Temporary Injunction (“Petition”) filed in this i cause, was heard and considered before this court. Based upon the pleadings, exhibits, records, and documents filed by counsel and presented to the Court, as well as the arguments of counsel at the hearing, IT CLEARLY APPEARS: A. That unless Defendant First Candence Bank formally known as BancorpSouth Bank, is immediately restrained and enjoined, the Defendant will proceed with foreclosure and foreclose upon Plaintiff s homestead property described in her Petition, and Plaintiff will suffer an immediate and irreparable harm and will have no adequate remedies under the law, and the Defendant will commit the foregoing before notice and a hearing on Plaintiff’s Application for Temporary Injunction. B. Plaintiff will suffer an irreparable harm if the Defendant, and/or any of their agents, employees, attorneys, trustees, substitute trustees, successors and/or assigns Temporary Restraining Order — Ana D. Soto _ Page 1 are not restrained immediately because Plaintiff will lose possession of her homestead residence, which is unique and irreplaceable, and there is no adequate remedy at law to grant Plaintiff complete, final and equitable relief. C. Plaintiff has provided notice to the Defendant, through the Law Office of Haley & Olson, P.C, who is the local foreclosure attorney processing the foreclosure, of the filing of Plaintiff’s Petition at least two (2) hours before this Court conducted this hearing and has provided the Court with a Certificate of Conference to evidence the same as required by the Local Rules of the Dallas County District Courts. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Defendant First Candence Bank formally known as BancorpSouth Bank, and each of their agents, employees, attorneys, trustees, substitute trustees, successors and/or assigns are each hereby ORDERED to immediately cease and desist from proceeding with any and all efforts to foreclose upon Plaintiff s homestead property described in Plaintiff’ s Petition, which is commonly known as 1307 Falcon Hollow Lane, Cedar Hill, Texas 751004, and that the Defendant is hereby immediately enjoined and restrained from the date of entry of this order until fourteen (l4) days hereafter, or until further order of this Court. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiffs Application for Temporary Injunction be heard on 40 Mum}, ’ at I l) o’clock g. M. {wk Judicial District Court of Dallas County located in the George L. ' in the courtroom of the Allen, Sr. Building 600 Commerce Street, {fkli‘loon Dallas, Texas 75202, and that the Defendant is commanded to appear at that time and provide reasons, if any, why a temporary injunction should not be issued against said Defendant. The clerk of the above-entitled court shall issue a notice of entry of a temporary Temporary Restraining Order — Ana D. Soto Page 2 restraining order in conformity with the law and the terms of this order, to include a copy of this order, upon the posting by Plaintiff of the bond hereinafter set forth. This order shall not be effective until Plaintiff deposits with the Dallas County District Clerk a cash bond in the amount of $ 3 fl 6 CD , 0r in the form of a check drawn from the Plaintiffs counsel’s business checking account, in due conformity with applicable law. SIGNED and ENTERED on this day of 2023., at..M.o’c1ock,&. M. Q _ DISTRICT JUDGE Temporary Restraining Order — Ana D. Soto Page 3