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Foreclosure Notice*
NOTICE OF ASSESSMENT LIEN SALE 2076 jf) 4 16 P? 1: 33
sr/Act:.' i
STATE OF TEXAS OU YCLERK
COL O+ Y.TEXAS
COUNTY OF COLLIN BY'_ dr" ..
RF IJTY
WHEREAS, on or about April 22, 2025, a Notice of Lien was filed in the Deed Records of
Collin County, Texas, covering the real property herein described concerning default in the payment
ofthe indebtedness owing by Donald K. Macomber and Carole M. Macomber, the present owners of
said real property, to Eldorado Heights Homeowners Association, Inc. (the " Association"); and
WHEREAS, the said Donald K. Macomber and Carole M. Macomber have continued to
default in the payment oftheir 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 ofsaid owners totheAssociation;
NOW, THEREFORE, notice is hereby given that on Tuesday, July 7, 2026, between 10
o'clock a.m. and 4 o'clock p.m., the Association will sell said real estate at the main entrance of the
Collin County Courthouse located at 2100 Bloomdale Road, McKinney, TX 75071., Collin 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.m., and the sale will take place not
later than three( 3) hours after that time.
Said real estate is described as follows:
Lot 14, Block N,Eldorado Heights, Phase 2B, an Addition to the City ofMcKinney,
Collin County, Texas, according to the map orplat thereof recorded in Volume J, Page
412, ofthe Map and/or Plat records/ofCollin County, Texas( 4820 Spanishmoss Drive)
this3`
WITNESS my hand day of JL.u. 2026
ELDORADO HEIGHTS HOMEOWNERS
ASSOCIATION, INC.
a-d
0—
Jos . Reed, Substitute Trustee
Riddle& Williams, P.C.
3811 Turtle Creek Blvd, Suite 500
Dallas, Texas 75219
The within notice was posted byme on the day of 2026, atthe Collin County
Courthouse in Collin, Texas.
673-92154Filed: 3/24/2026 8:29 PM
Michael Gould
DistrictClerk
Collin County, Texas
ByNicole Waugh Deputy
Envelope ID: 112822333
CAUSE NO. 219-09109-2025
IN RE: ORDER FOR FORECLOSURE § IN THE DISTRICT COURT OF
CONCERNING
4820 Spanishmoss Drive COLLIN COUNTY, TEXAS
McKinney, TX 75070
UNDER TEX. R. CIV. PROC. 736
219TH JUDICIAL DISTRICT
AND DONALD K.MACOMBER AND
CAROLE M. MACOMBER
DEFAULT ORDER FOR FORECLOSURE
On November 13, 2025, the Application for Foreclosure under Tex. R. Civ. Proc. 736 in
the above- entitled cause of action was presented to the Court. Eldorado Heights 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 4820 Spanishmoss Drive,
McKinney, Texas 75070, and further described as follows:
Lot 14, Block N, Eldorado Heights, Phase 2B, an Addition to the City of
McKinney, Collin County, Texas, according to the map or plat thereof recorded in
Volume J, Page 412, of the Map and/or Plat records of Collin County, Texas
4820 Spanishmoss Drive) ( 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 Respondents have not previously filed a
response, and the return ofservice has been on file with the clerk ofthe 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 1Donald K. Macomber
4820 Spanishmoss Drive
McKinney, Texas 75070
Carole M.Macomber
4820 Spanishmoss Drive
McKinney, Texas 75070
Pursuant to Rule 736.7 of the Tex. R. Civ. Proc., all facts alleged in the Application for
Foreclosure and supported bythe affidavit ofmaterial facts constitute primafacie evidence ofthe
truth ofthe 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.
2. The Association is governed by the Declaration of Covenants, Conditions and
Restrictions for Eldorado Heights ( the " Declaration"), as corrected and
supplemented from time to time.
3. The Property is subject to and governed by the Declaration.
4. By virtue ofRespondents' acquisition ofthe Property, Respondents agreed to and
became obligated by the Declaration to pay to the Association all assessments for
the expense ofadministration, maintenance, upkeep and repair ofthe Community
as assessed in accordance with the Declaration, as more particularly shown in
Article II ofthe Declaration.
5. Article II, Section 4 of the Declaration creates an assessment lien against the
Property to secure payment ofassessments and other charges pursuant to Tex. R.
Civ. Proc. 735. 1( c) and Tex. Prop. Code 209.0092.
6. Article II, Section 6 of the Declaration further provides that the Association may
foreclose its assessment lienby appropriatejudicial ornonjudicial proceedings.
ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE 27. During the period of Respondents' ownership, Respondents have been assessed
maintenance fees in a non-discriminatory manner based on Respondents'
ownership ofthe Property.
8. Article II, Section 4 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.
9. As of October 27, 2025, Respondents were 22 months in default in their
obligations to the Association for a total of Two Thousand Nine Hundred and Ten
Dollars and Eighty One Cents ($2,910.81).
10. Respondents have been notified of the amounts due and unpaid attributed to
Respondents' failure to pay the assessments and other charges by notice letter
dated February 26, 2025.
11. A Notice of Lien was filed on or about April 22, 2025 at Instrument No.
2025000048168 in the office of the County Clerk of Collin County, Texas, and
Respondent was notified of same by letter dated April 21, 2025.
12. The Association afforded Respondents thirty ( 30) days to cure the default
pursuant to the April 21, 2025 letter, and such opportunity to cure the default has
expired.
13. Prior to filing this Application, the Association performed all actions required
under applicable law and the terms ofthe 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 3IT IS THEREFORE ORDERED that the Association may proceed with a foreclosure
ofits assessment lien on the Property under the terms ofthe Association's Declaration and Texas
Property Code Section 51.002; and
IT IS FURTHER ORDERED that the Association shall send Respondents a copy of
this Orderwiththe notice offoreclosure sale sentto Respondents; and
IT IS FURTHER ORDERED that the Association may communicate with Respondents
and all third parties as may be reasonably necessary to conduct the foreclosure' sale of the
Property.
3/27/2026
SIGNED ON
JUDGE PRESIDING
Respectfully submitted, . .
RIDDLE& WILLIAMS, P.C.
a
By: : , .,
n R. Reed
State Bar No. 24043887
Owen B. Lemke
State BarNo. 24143697
3811 Turtle Creek Blvd, Suite 500
Dallas, Texas 75219-4217
Telephone: 214-760-6767
Email:jreed@riddleandwilliams.com
ATTORNEYS FOR PETITIONER
ELDORADO HEIGHTS.HOMEOWNERS ASSOCIATION, INC.
ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE 4Automated Certificate of eService
This automated certificate ofservice 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 havenot 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: 112822333
Filing Code Description: Proposed Order
Filing Description: Default Order for Foreclosure
Status as of 3/30/2026 10:01 AM CST
Associated Case Party: Eldorado Heights Homeowners Association, Inca
Name BarNumber Email TimestampSubmitted Status.
Jason Reed jreed@riddleandwilliams.com. 3/24/2026 8.29:04 PM SENT