Scanned Court Document
Example of Foreclosure Precedings!
Here is a scanned example of one of the many cases of filing for foreclosure in Harris County, Texas. It is scanned from the originally public court document.
It will show you, how a very small amount owed to a Homeowners' Association will amount to a huge debt.
The actual amounts:
$     165,35                    Amount owed by homeowner to association, incl. already 
                                        late fees, interest and delinquent fees.
$   2.500,00                   Attorney's cost, further delinquent fees
$      700,00                   Cost of Foreclosure Challenge
$   3.000,00                  Appeal Supreme Court, Writ of Error
$   6.365,35          Total Cost paid by Homeowner to avoid foreclosure!
===========
Would you consider the actual debt and the final neccessary payment to avoid foreclosure out of proportion?
                                                            No. 1999 - 24321
 STERLING GREEN COMMUNITY                                     IN THE DISTRICT COURT OF
 IMPROVEMENT ASSOCIATION, 
 Plaintiff                                                                                   HARRIS COUNTY, TEXAS
 vs.
 ABE JIM BRYANT, JR., 
 Defendant                                                                              JUDICIAL DISTRICT
                                              PLAINTIFF'S ORIGINAL PETITION
 
STERLING GREEN COMMUNITY IMPROVEMENT ASSOCIATION, ("Plaintiff') files this its Original Petition to collect delinquent amounts due and owing upon land owned by ABE JIM BRYANT, JR. ("Defendant"), together with interest which has accrued on such assessments, to recover attorneys' fees, costs of Court, and to foreclose upon a lien.  In support of this cause of action, Plaintiff would respectfully show unto this Honorable Court the following:
Parties
I . Plaintiff is a nonprofit corporation duly organized and existing under the laws of the State of Texas with its offices and its principal place of business in Harris County, Texas.
2. Defendant, ABE JIM BRYANT, JR., is an individual who is the owner of the land in HARRIS County, Texas, upon which Plaintiff sues, who resides in HARRIS County, and who may be served with process herein at 15218 DUNSTABLE LANE, CHANNELVIEW, HARRIS COUNTY, TEXAS 77530.
                                                       Factual Background
3. Plaintiff is a non-profit corporation comprised of persons who reside and own homes in the STERLING GREEN Subdivision ("the Subdivision"), an addition in and to HARRIS County, Texas.  Defendant is the owner of a residence within the Subdivision, the same being more particularly described as follows:
Lot Twelve (I 2), in Block Four (4), of STERLING GREEN, SECTION THREE (3), an addition in Harris County, Texas, according to the map or plat thereof recorded in Volume 252, Page 36, of the Map Records of Harris County, Texas (the "Property").
4. The Defendant became vested with title to the above-described real property by GENERAL WARRANTY DEED WITH VENDOR'S LIEN IN FAVOR OF THIRD PARTY recorded in the Real Property Records of HARRIS County, Texas.  The deed provides that such conveyance was made and accepted subject to any and all restrictions, easements and mineral reservations, if any, affecting the use of the premises conveyed.
5. On the date of the transfer of title to the Defendant, there was of record in the office of the County Clerk of HARRIS County, Texas, an instrument entitled Declaration of Covenants, Conditions, and Restrictions ("Declaration") for the Subdivision recorded and filed in the Real Property Records of the County Clerk of HARRIS County, Texas.  Notice is hereby given that a copy of said Declaration and evidence of title will be offered into evidence at the time of trial.

6. Under the Declaration, the Declarant, as owner of the therein described property (including the Property) imposed upon the subdivision certain covenants running with the title to the Property expressly for the benefit of and to be enforced by Plaintiff.

7. The Declaration provides that all owners of real property in the Subdivision covenant and agree to pay to Plaintiff all amounts due on their assessments account together with interest, costs and reasonable attorneys' fees.  The Declaration further provides that the obligation to pay such amounts are a charge against an owner's real property and that a continuing lien exists thereon to secure payment of the amounts stated above.

8. The Declaration further provides that Plaintiff may bring an action in law against the owner personally obligated to pay said amounts and foreclose the lien charged against the owner's real property.
                                                        Causes of Action
9. The Defendant has violated the above described provisions of the Declaration and others related thereto, by failing to pay accrued legal fees and other amounts assessed against the Property.  To date, Defendant is indebted to Plaintiff in the amount of $165.35, such sum being comprised of delinquent maintenance fees, late charges, collection costs, as well as interest incurred ("the Indebtedness").
IO. Plaintiff would show that it has kept a systematic record of the Defendant's maintenance fee assessment account.
11. Despite repeated written requests to Defendant by Plaintiff to pay the delinquent assessments, costs and fees, Defendant has failed and refused and continues to fail and refuse to pay the Indebtedness.  As a consequence of Defendant's actions, Plaintiff has been damaged.
12. Plaintiff avers that all conditions precedent with respect to Plaintiff s claims against Defendant have been performed or have occurred.
13. Plaintiff would further show that the Declaration provides for a lien to be charged against Defendant's Property to secure the Indebtedness, a statement of which has been filed and is on record in the Real Property Records of HARRIS County, Texas.  The Declaration further provides for the foreclosure of this lien and, accordingly, Plaintiff requests this Court establish its lien on the Property, foreclose same, and order sale of the Property to satisfy the outstanding
Indebtedness.
Request for Attorneys' Fees
14. As a result of the Defendant's failure to pay the Indebtedness, Plaintiff was compelled to employ the undersigned law firm to enforce the provisions of the Declaration relating to the payment of maintenance fee assessments.  Plaintiff would show the Court that the recovery of attorneys' fees is authorized under the terms of the Declaration, pursuant to Section 3 8.00 1, et. seq. of the Texas Practices and Remedies Code, as well as through Article 5.006 of the Property Code of the State of Texas.  Plaintiff alleges its attorneys' fees will be at least $2,5 00. 00 (Two Thousand Five Hundred and OO/ I 00 Dollars) as of the time of trial, with an additional $700.00 (Seven Hundred and OO/ 1 00 Dollars) for cost of foreclosure, as well as an additional $3,000. 00 (Three Thousand and OO/ I 00 Dollars) contingent on the filing of an appeal of this case.
WHEREFORE, STERLING GREEN COMMUNITY IMPROVEMENT ASSOCIATION, Plaintiff, requests that:
(1) Defendant be cited to appear and answer herein;
(2) Upon final hearing hereof, Plaintiff have judgment against Defendant for:
(a)    Actual damages as stated above;
(b) Prejudgment interest at the highest legal rate from the date that each portion of the delinquent assessment was due;

(c) Post judgment interest at the highest per annum rate allowed by Texas law;

(d) Plaintiff s reasonable and necessary attorneys' fees as stated above;

(e) Costs of Court; and

(3) Upon final trial, Plaintiff have establishment of and foreclosure upon the lien securing Defendant's obligations, and for order of sale.

(4) Such other and further relief, both legal and equitable, to which Plaintiff may show itself ustly entitled.

                                                                    Respectfully submitted,

                                                                     WILLIAM G. GAMMON & ASSOCIATES

                                                                     By:      (signature) 
                                                                     William G. Gammon, P.C.
                                                                     State Bar No. 07611300
                                                                     Robert C. Blackburn, P.C.
                                                                     State Bar No. 00796214
                                                                     I Greenway Plaza, Suite 1005
                                                                     Houston, Texas 77046-0104
                                                                     (713) 964-5340
                                                                     (713) 964-5341 (Fax)
                                                                     ATTORNEYS FOR PLAINTIFF,
                                                                     STERLING GREEN COMMUNITY
                                                                     IMPROVEMENT ASSOCIATION
238-30412
AND THE STORY GOES ON!