Back to Main Page / Back to List of Rules

Rule 735. Procedures (Apr2000)

TEXT

A party seeking to foreclose a lien created under Tex. Const. art. XVI, § 50(a)(6), for a home equity loan, or Tex. Const. art. XVI, § 50(a)(7), for a reverse mortgage, that is to be foreclosed on grounds other than Tex. Const. art. XVI, §§ 50(k)(6)(A) or (B), may file: (1) a suit seeking judicial foreclosure; (2) a suit or counterclaim seeking a final judgment which includes an order allowing foreclosure under the security instrument and Tex. Prop. Code § 51.002; or (3) an application under Rule 736 for an order allowing foreclosure.

Amended by order of April 12, 2000, eff. April 15, 2000

Notes and Comments

Comment to Rule 735: Rules 735 and 736 do not change duties of a lender seeking foreclosure. These rules do not preclude a respondent from timely proceeding in district court to contest the right to foreclose or abate a Rule 736 proceeding.