Rosanna Silverio and Alvin Green v. Traditional Heritage Homeowner Association, Inc. ( 2015 )

VA \
CAUSE NO. 14-07314-367
IN RE: ORDER FOR FORECLOSURE S 2nd£OUftTOF Af^ALS
CONCERNING: | CO| ""H, T*T°
Rosanna Sih/erio § r^1g0ljJ:Sftj39 PM
§ -^4M *^'> »^TjfeftA SPISAK
and § ^OUftT 9£rk
8199 Robertson Drive, Frisco, Texas 75034 § *PWW**'* / *
UnderTex. R.av. Proc. 736 § 367* JUDICIAL DISTRICT
Ams/tt>Bt> k
FINAL JUDGMENT
On this day came on to be considered the above-entitled and numbered cause in which
Traditional Heritage Village Homeowners Association, Inc. is the Plaintiff and Rosanna Silverio and Alvin
Green are the Defendants, All parties,appearing herein, and throughtheir attorneys of record
Pursuant to Rule 736.8 of the Texas Rules of Civil Procedure:
1. The material facts that establish the basis for foreclosure are that a debt exists that is
secured by a Lien created under the Declaration of Covenants, Conditions and Restrictions
for Traditional Heritage Village Homeowners Association, Inc. and evidenced bythe filing of
a Lien by Plaintiff against Defendants' property in the Real Property Records of Denton
County, Texas. The Declaration of Traditional HeritageVillage allowsfor foreclosure of the
lien for unpaid assessments, interest, late fees and attorney's fees. The Property ownedby
Defendants Is located at 8199 Robertson Drive, Frisco, Texas 75034 and is located in
Traditional Heritage Village and is subject to said lien. Defendants have fjjetf to pay
assessments, interest, late fees and attorney's fees related to the property. Cf(\i£S)
2, Defendants are the recordtitle holders to the real property, with all improvements thereon,
located at 8199 Robertson Drive, Frisco, Texas 75034, and are thus members of Traditional
Heritage Village Homeowners Association, Inc. Said property is more particularly described
as follows:
Lot 18, Block I, of Heritage Village, Phase I, an addition to the City of Frisco, Denton
County, Texas, according to the Plat thereof recorded in Cabinet U, Page 35 and 36, of
the Piat Records of Denton County, Texas;
Also known as:
8199 Robertson Drive, Frisco, Texas 75034.
FINAL JUDGMENT Pagel
1 i
3. The name and last known address of each Respondent subject to the order is:
Rosanna Siiverio
8199 Robertson Drive
Frisco, Texas 75034
Alvin Green
8199 Robertson Drive
Frisco,Texas 75034
Occupant(s)
8199 Robertson Drive
Frisco,Texas 75034
4. The recording and indexing information for the lien against Defendants property is as
follows:
- Notice of Lien filed by Traditional Heritage Village against Rosanna Siiverio. Filed In the
DentonCounty Deed Records on August1,2014 at Instrument Number 2014-76437.
IT ISTHEREFORE ORDERED that Plaintiff, Traditional Heritage Village Homeowners Association, Inc., is
authorized to proceed with foreclosure of the Plaintiffs Lien under the Declaration of Covenants,
Conditions, and Restrictions for Traditional Heritage Village Homeowners Association, Inc. pursuant to
Section 209.0092 of the Texas Property Code. The total amount owing under the lien is
5. Should Respondent Rosanna Siiverio, her husband or any other occupant file bankruptcy,
thisjudgment allows the Plaintiffs to proceed to foreclosure ontheirlien In Rem against the
Property locatedat 8199 Robertson Drive, Frisco, Texas 75034.
6. Plaintiff is further awarded the following:
a. ^SOQ. dollars as attorney's fees; lo-addition. Plaintiff hawarded
fmfl thousand ($5,000.00)« aturacy't faas ifthe Pefentfamt imnirrnrrfiilly ipprwis
thin jurtgmrnt to thir r"-"* ~* ftnnrflh *"ri mi jhMH'ti1 ft" *li"«J **&***
(f f/XK1 fifi) * Hi" rutftiwlmil mi ii t fully nppi nl-. in Tim iuprnmn foyrt ofTamrr
b. Interest at the rate of^S0% per year on the total judgment from the date of the
judgment until the judgment is paid in full.
c. Reasonable and waeeMary aHawai/r fnnr te be awarded to the Plai
neanrnry pert Judgment axllyqiuw aftgfts
FINAL JUDGMENT Pa8e2
r4:
d. A Declaration establishing Plaintiffs Uen securing Defendants' obligations to
Plaintiff and ordering foreclosure of the lien and sale of the Property by duly
appointed Trustee and/or Attorney of the Association and the proceeds applied
towards satisfaction of the judgment amount;
e. Thitifthr rrnpi iin i iiiiiiiirlff'fmindnrlft.hr pr",^r,iTt*h' ' PfrfomffJeientto
Mtlffythrjudgrnrnt. the PininiIff imilitn hrrrr nianrtablB a*«hci#M»h»