Texas Entry of Default is a legal document issued by a court in the state of Texas in response to a defendant not responding to a civil lawsuit. It is a formal admission of liability by the defendant and a statement that the plaintiff is entitled to a judgment in its favor. There are two types of Texas Entry of Default: Entry of Default Against a Defendant and Entry of Default Against a Third Party. An Entry of Default Against a Defendant is issued when a defendant fails to respond to a suit and results in a judgment in favor of the plaintiff. An Entry of Default Against a Third Party is issued when a third party is found liable for a defendant's actions and results in a judgment in favor of the plaintiff.
Texas Entry of Default
State:
Texas
Control #:
TX-ED-CLRK-DEF
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PDF
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Entry of Default
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FAQ
Notice of Default (Demand Letter). By law, lenders and servicers are required to send a written notice allowing you 20 days to ?cure? (pay in full the amount owed) to bring the defaulted loan current. Some loans increase this period to 30 days (most FHA, VA and home equity loans).
When you receive the Notice of Default, you have 180 days to get your loan current or the bank can take the next step in the foreclosure process. The next step, called the Notice of Trustee's Sale, sets a date for a public foreclosure auction of your home.
Technically speaking, a notice of default is not a foreclosure. Instead, it serves as notice that you are behind in your payments and that your property may be sold as a result of foreclosure if you don't act soon.
An entry of default is the first step to obtaining a default judgment against a party, and allows you to proceed in the action without further notice or input from the opposing party. An entry of default can come in two forms, an entry by the clerk or an entry by the judge.
After the Notice of Default is filed, the homeowner has 90 days to cure the default, which usually means paying everything that is owed. If the borrower does not pay within the 90-day timeline, the bank can record a Notice of Sale announcing that the property will be sold at auction.
Except as provided in (1), a plaintiff who seeks a default judgment against a defendant must request a hearing, orally or in writing. The plaintiff must appear at the hearing and provide evidence of its damages. If the plaintiff proves its damages, the judge must render judgment for the plaintiff in the amount proven.
This notice is often referred to as a "Notice of Default." In a judicial foreclosure, the lienholder will file a petition with the district or county court (depending on how much money is involved) and the homeowner would then be served with the paperwork, usually by a process server or county constable.
Default judgments are decisions made by the court against the defendant. Grounds for granting a motion for default judgment in Texas exist if a defendant fails to respond to the lawsuit and make an appearance in the matter.