Texas Estates Code 355.157 – Citation On Application
Current as of: 2024 | Check for updates
|
Other versions
(a) The clerk shall issue citation on the filing of an application by:
(1) personal service to:
(A) the personal representative; and
(B) any person described by the application as having other debts secured by a mortgage, lien, or security interest against the property; and
(2) posting to any other person interested in the estate.
(b) A citation issued under Subsection (a) must require the person cited to appear and show cause why foreclosure should or should not be permitted.
Terms Used In Texas Estates Code 355.157
- Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- person interested: means :
(1) an heir, devisee, spouse, creditor, or any other having a property right in or claim against an estate being administered; and
(2) anyone interested in the welfare of an incapacitated person, including a minor. See Texas Estates Code 22.018 - personal representative: include :
(1) an executor and independent executor;
(2) an administrator, independent administrator, and temporary administrator; and
(3) a successor to an executor or administrator listed in Subdivision (1) or (2). See Texas Estates Code 22.031 - Property: means real and personal property. See Texas Government Code 311.005