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Foreclosure Notice*
NOTICE OF ASSESSMENT LIEN SAL £
SPAR OR TERRE : 2026 AUG 11 PH 3°57
COUNTY OF ROCKWALL §
WHEREAS, on or about October 26, 2023, a Notice of Lien was filed ip Ge Pees Records of Rockwall
County, Texas, covering the real property herein described concerning t in the payment of the
indebtedness owing by Franklyn Abraham Seglah, the present owner of said real property, to Woodcreek Fate
Homeowners Association, Inc. (the "Association"); and
WHEREAS, the said has continued to default in the payment of her
indebtedness to the Association and the same is now wholly due, and the Association, acting by and through its
duly authorized agent, intends to sell the herein described property to satisfy the present indebtedness of said
owners to the Association;
NOW, THEREFORE, notice is hereby given that on Tuesday, September 1, 2026) between 10 o’clock
a.m, and 4 o’clock p.m., the Association will sell said real estate in the area immediately outside on the front
steps of the Rockwall County Courthouse, located at 1111 Yellow Jacket Lane, Rockwall, Rockwall County,
Texas, Rockwall County, Texas, to the highest bidder for cash, subject to all superior liens and encumbrances of
record, The earliest time at which said sale will begin will be 10:00 o'clock a:my and the sale will take place not
later than three (3) hours after that time.
Said real estate is described as follows:
Lot 15, Block V, of Woodcreek, Phase 9D-1, an Addition to the City of Fate, Rockwall County,
Texas, according to the Map or Plat thereof as recorded in Instrument No. 20190000020556,
Official Public Records, Rockwall County, Texas. (431 Holt Lane)
WITNESS my hand this (at day of _.\ big , 2026
WOODCREEK FATE HOMEOWNERS
ASSOCIATION, INC.
Jason ed, Substitute Trustee
iddle & Williams, P.C.
3811 Turtle Creek Blvd, Suite 500
Dallas, Texas 75219
The within notice was posted by me onthe ___ day of , 2026, at the Rockwall County
Courthouse in Rockwall, Texas.
0-89482
CAUSE NO, 1-24-1535
IN RE: ORDER FOR FORECLOSURE § IN THE COUNTY COURT OF
CONCERNING §
§
431 Holt Lane § ROCKWALL COUNTY, TEXAS
Fate, TX 75087 §
§
UNDER TEX. R. CIV. PROC. 736 §
§ COUNTY COURT AT LAW 1
AND FRANKLYN ABRAHAM SEGLAH
DEFAULT ORDER FOR FORECLOSURE
On September 16, 2024, the Application for Foreclosure under Tex. R. Civ. Proc, 736 in
the above-entitled cause of action was presented to the Court. Woodcreek Fate Homeowners
Association, Inc. (the “Association’’), Petitioner herein, seeks an order pursuant to Tex. R. Civ.
Proc. 736 to foreclose the Association’s assessment lien against 431 Holt Lane, Fate, Texas
75087, and further described as follows:
Lot 15, Block V, of Woodcreek, Phase 9D-1, an Addition to the City of Fate,
Rockwall County, Texas, according to the Map or Plat thereof as recorded in
Instrument No. 20190000020556, Official Public Records, Rockwall County,
Texas. (431 Holt Lane) (hereinafter the “Property).
The Court finds that the Association’s Application for Foreclosure complies with Rule
736.1 of the Tex. R. Civ. Proc. and was properly served in accordance with Rule 736.4 of the
Tex. R. Civ. Proc. The Court further finds that Respondent has not previously filed a response,
and the return of service has been on file with the clerk of the Court for at least 10 days before
the date of this Order. The Court finds that the name and last known address of each respondent
is as follows:
ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE 1
Franklyn Abraham Seglah
431 Holt Lane
Fate, Texas 75087
Pursuant to Rule 736.7 of the Tex. R. Civ. Proc., all facts alleged in the Application for
Foreclosure and supported by the affidavit of material facts constitute prima facie evidence of the
truth of the matters alleged. The Court further finds as follows:
1.
This proceeding is brought in the county in which all or part of the real property
encumbered by the lien sought to be foreclosed is located.
The Association is governed by the Declaration of Covenants, Conditions and
Restrictions for Woodcreek (the "Declaration"), as corrected and supplemented
from time to time.
The Property is subject to and governed by the Declaration.
By virtue of Respondent’s acquisition of the Property, Respondent agreed to and
became obligated by the Declaration to pay to the Association all assessments for
the expense of administration, maintenance, upkeep and repair of the Community
as assessed in accordance with the Declaration, as more particularly shown in
Article X of the Declaration.
Article X, Section 10.8(a) of the Declaration creates an assessment lien against
the Property to secure payment of assessments and other charges pursuant to Tex.
R. Civ. Proc. 735.1(c) and Tex. Prop. Code 209.0092.
Article X, Section 10.8(d) of the Declaration further provides that the Association
may foreclose its assessment lien by appropriate judicial or non-judicial
proceedings.
During the period of Respondent’s ownership, Respondent has been assessed
ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE 2
10.
11.
12.
maintenance fees in a non-discriminatory manner based on Respondent’s
ownership of the Property.
Article X, Section 10.1(b) of the Declaration and Texas Property Code 5.006
provide for recovery of attorney's fees and expenses incurred in the collection of
delinquent assessments.
As of July 26, 2024, Respondent was 21 months in default in his obligations to
the Association for a total of Three Thousand and Seventy Nine Dollars and
Fifteen Cents ($3,079.15).
Respondent has been notified of the amounts due and unpaid attributed to
Respondent's failure to pay the assessments and other charges by notice letter
dated January 2, 2024.
A Notice of Lien was filed on or about November 2, 2023 in the office of the
County Clerk of Rockwall County, Texas, and Respondent was notified of same
by letter dated March 26, 2024.
The Association afforded Respondent thirty (30) days to cure the default pursuant
to the March 26, 2024 letter, and such opportunity to cure the default has expired.
Prior to filing this Application, the Association performed all actions required
under applicable law and the terms of the Declaration required prior to foreclosing
the Association’s assessment lien against the Property.
THE COURT THEREFORE GRANTS the Association’s Application for Foreclosure
under Tex. R. Civ. Proc. 736.
ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE 3
IT IS THEREFORE ORDERED that the Association may proceed with a foreclosure
of its assessment lien on the Property under the terms of the Association’s Declaration and Texas
Property Code Section 51.002; and
IT IS FURTHER ORDERED that the Association shall send Respondent a copy of this
Order with the notice of foreclosure sale sent to Respondent; and
IT IS FURTHER ORDERED that the Association may communicate with Respondent
and all third parties as may be reasonably necessary to conduct the foreclosure sale of the
Property.
04/22/2025
SIGNED ON
JUDGE PRESIDING
ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE 4
.
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Jason Reed on behalf of Jason Reed
Bar No. 24043887
jreed@riddleandwilliams.com
Envelope ID: 99890415
Filing Code Description: Motion (No Fee)
Filing Description: Motion for Default Judgment
Status as of 4/21/2025 3:55 PM CST
Case Contacts
Jason RReed Td jreed@riddleandwilliams.com | 4/21/2025 2:33:09 PM | SENT