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DC-24-04472
CAUSE NO. ________________________
Financial Assurance, Inc. dba Financial § IN THE DISTRICT COURT OF
Assurance Enterprise Inc., §
Plaintiff(s), §
§
v. § DALLAS COUNTY, TEXAS
§
§ 95th
§
Prosperity Bank, § _______ JUDICIAL DISTRICT
Defendant(s), §
TEMPORARY EX PARTE RESTRAINING ORDER, ORDER TO POST BOND, AND ORDER
SETTING HEARING FOR TEMPORARY INJUNCTION AND TEMPORARY ORDERS
I.
On this _____day of March 2024, FINANCIAL ASSURANCE, INC. DBA FINANCIAL
ASSURANCE ENTERPRISE INC., Plaintiff in the above-entitled and -numbered cause, have filed and on
this day presented an Original Petition containing Motions For Temporary Injunction and For Ex Parte
Temporary Restraining Orders, with relevant and pertinent portions thereof supported with affidavits,
pursuant to Section 5 of Part VI of the Texas Rules of Civil Procedure.
THE COURT, having examined the pleadings, FINDS that it clearly appears from the facts set forth
in the affidavits and pertinent portions of Plaintiff FINANCIAL ASSURANCE, INC. DBA FINANCIAL
ASSURANCE ENTERPRISE INC.,’s Original Petition containing Motions For Temporary Injunction and
For Ex Parte Temporary Restraining Orders that unless Defendant New York Mutual LLC is immediately
restrained as Ordered, Adjudged, and Decreed below in this section `I', that such Defendant will irreparably
cause harm to Plaintiff FINANCIAL ASSURANCE, INC. DBA FINANCIAL ASSURANCE
ENTERPRISE INC., before notice can be given and a hearing is had on Plaintiff’ motion for a temporary
injunction; because, the Defendant will foreclose on certain property specified in section I.
IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED that the clerk of this Court issue
a temporary restraining order, in this cause, immediately restraining Defendant, New York Mutual LLC
from the following acts from the date of signing of this order until and to the fourteenth day after the signing
of this order or until further order of this Court:
1. The sale scheduled to be held on April 2, 2024 by the substitute trustee, Attorney L. David
Smith, in the area of the Dallas County Courthouse in Dallas, Texas, designated by the
Commissioner's Court pursuant to Section 51.002 of the Texas Property Code as a place where
the foreclosure sale is to take place of 5497 County Road 209, East Bernard, Texas 77435.
2. Reposting said property for foreclosure sale or otherwise engaging in any foreclosure
preparatory activities.
IT IS ORDERED, ADJUDGED, AND DECREED that the foregoing orders shall be binding on
Defendant; on Defendant's agents, servants and employees; and on those persons in active concert or
participation with them who receive actual notice of these Orders by personal service or otherwise.
IT IS ORDERED, ADJUDGED, AND DECREED that Plaintiff post a bond of ____________.
II.
IT IS FURTHER ORDERED that the Clerk shall issue notice to Defendant, New York Mutual LLC
to appear and such Defendant is hereby ordered to appear, before this Court in the Courthouse at George
L. Allen, Sr. Courts Building, 600 Commerce Street 7th Floor New Tower Dallas, Texas 75202 on March ___,
2024, at ___:___ __.m., to show cause, if any, why the following temporary injunctive and other interim
relief should not be granted as requested by Plaintiff during the pendency of this cause:
1. That the preceding temporary restraining orders in sections `I' be made a temporary injunction
pending final hearing in this cause;
2. That the additional orders and temporary injunctions requested by Plaintiff be granted;
3. That all other orders should be entered, or further relief granted respecting the parties as pled for by
Plaintiff in Plaintiff’ Original Petition in this cause.
UPON THE PLAINTIFF POSTING A BOND OF ________, THE CLERK OF THIS COURT IS
DIRECTED TO ISSUE A TEMPORARY RESTRAINING ORDER IN CONFORMITY WITH THE LAW
AND THE TERMS OF THIS ORDER.
SIGNED on March _____, 2024, at _______ o'clock ___.m.
_____________________________
JUDGE PRESIDING
Approved as to Substance and Form
/s/ James Minerve
___________________________
James Minerve
State Bar No. 24008692
13276 N HWY 183, ste. 209
Austin, Texas 78750
(888) 819-1440 (Office)
(210) 336-5867 (Mobile)
(888) 230-6397 (Fax)
jgm@minervelaw.com
Attorney for Plaintiff
FINANCIAL ASSURANCE, INC. DBA
FINANCIAL ASSURANCE ENTERPRISE INC.,
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DC-24-04472 CAUSE NO. ________________________ Financial Assurance, Inc. dba Financial § IN THE DISTRICT COURT OF Assurance Enterprise Inc., § Plaintiff(s), § § v. § DALLAS COUNTY, TEXAS § § 95th § Prosperity Bank, § _______ JUDICIAL DISTRICT Defendant(s), § TEMPORARY EX PARTE RESTRAINING ORDER, ORDER TO POST BOND, AND ORDER SETTING HEARING FOR TEMPORARY INJUNCTION AND TEMPORARY ORDERS I. On this _____day of March 2024, FINANCIAL ASSURANCE, INC. DBA FINANCIAL ASSURANCE ENTERPRISE INC., Plaintiff in the above-entitled and -numbered cause, have filed and on this day presented an Original Petition containing Motions For Temporary Injunction and For Ex Parte Temporary Restraining Orders, with relevant and pertinent portions thereof supported with affidavits, pursuant to Section 5 of Part VI of the Texas Rules of Civil Procedure. THE COURT, having examined the pleadings, FINDS that it clearly appears from the facts set forth in the affidavits and pertinent portions of Plaintiff FINANCIAL ASSURANCE, INC. DBA FINANCIAL ASSURANCE ENTERPRISE INC.,’s Original Petition containing Motions For Temporary Injunction and For Ex Parte Temporary Restraining Orders that unless Defendant New York Mutual LLC is immediately restrained as Ordered, Adjudged, and Decreed below in this section `I', that such Defendant will irreparably cause harm to Plaintiff FINANCIAL ASSURANCE, INC. DBA FINANCIAL ASSURANCE ENTERPRISE INC., before notice can be given and a hearing is had on Plaintiff’ motion for a temporary injunction; because, the Defendant will foreclose on certain property specified in section I. IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED that the clerk of this Court issue a temporary restraining order, in this cause, immediately restraining Defendant, New York Mutual LLC from the following acts from the date of signing of this order until and to the fourteenth day after the signing of this order or until further order of this Court: 1. The sale scheduled to be held on April 2, 2024 by the substitute trustee, Attorney L. David Smith, in the area of the Dallas County Courthouse in Dallas, Texas, designated by the Commissioner's Court pursuant to Section 51.002 of the Texas Property Code as a place where the foreclosure sale is to take place of 5497 County Road 209, East Bernard, Texas 77435. 2. Reposting said property for foreclosure sale or otherwise engaging in any foreclosure preparatory activities. IT IS ORDERED, ADJUDGED, AND DECREED that the foregoing orders shall be binding on Defendant; on Defendant's agents, servants and employees; and on those persons in active concert or participation with them who receive actual notice of these Orders by personal service or otherwise. IT IS ORDERED, ADJUDGED, AND DECREED that Plaintiff post a bond of ____________. II. IT IS FURTHER ORDERED that the Clerk shall issue notice to Defendant, New York Mutual LLC to appear and such Defendant is hereby ordered to appear, before this Court in the Courthouse at George L. Allen, Sr. Courts Building, 600 Commerce Street 7th Floor New Tower Dallas, Texas 75202 on March ___, 2024, at ___:___ __.m., to show cause, if any, why the following temporary injunctive and other interim relief should not be granted as requested by Plaintiff during the pendency of this cause: 1. That the preceding temporary restraining orders in sections `I' be made a temporary injunction pending final hearing in this cause; 2. That the additional orders and temporary injunctions requested by Plaintiff be granted; 3. That all other orders should be entered, or further relief granted respecting the parties as pled for by Plaintiff in Plaintiff’ Original Petition in this cause. UPON THE PLAINTIFF POSTING A BOND OF ________, THE CLERK OF THIS COURT IS DIRECTED TO ISSUE A TEMPORARY RESTRAINING ORDER IN CONFORMITY WITH THE LAW AND THE TERMS OF THIS ORDER. SIGNED on March _____, 2024, at _______ o'clock ___.m. _____________________________ JUDGE PRESIDING Approved as to Substance and Form /s/ James Minerve ___________________________ James Minerve State Bar No. 24008692 13276 N HWY 183, ste. 209 Austin, Texas 78750 (888) 819-1440 (Office) (210) 336-5867 (Mobile) (888) 230-6397 (Fax) jgm@minervelaw.com Attorney for Plaintiff FINANCIAL ASSURANCE, INC. DBA FINANCIAL ASSURANCE ENTERPRISE INC.,