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Rule 309. In Foreclosure Proceedings (1967)

TEXT

Judgments for the foreclosure of mortgages and other liens shall be that the plaintiff recover his debt, damages and costs, with a foreclosure of the plaintiff's lien on the property subject thereto, and, except in judgments against executors, administrators and guardians, that an order of sale shall issue to any sheriff or any constable within the State of Texas, directing him to seize and sell the same as under execution, in satisfaction of the judgment; and, if the property cannot be found, or if the proceeds of such sale be insufficient to satisfy the judgment, then to make the money or any balance thereof remaining unpaid, out of any other prop­erty of the defendant, as in case of ordinary executions.

Amended by order of July 20, 1966, eff. Jan. 1, 1967: The order of sale is to be directed to any sheriff or any constable within the State of Texas, in harmony with the rules relating to executions.