QuintanillaForeclosure2

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					                       NOTICE     OF SUBSTITUTE        TRUSTEE'S       SALE
                                                                                   F\lED
                                                                              20H OEel!      AM10& '1
        NOTICE IS HEREBY GIVEN that, whereas Carlos Quintanilla execJ'w. ij ~~~
Trust, dated September 29,2006, to the Trustee therein named, for the benefit o1:§>~1l~itQNUt<.         .e.
MORTGAGE CORPORATION,                covering the real property described below;},w:tl!qhSIf.&lfblfY    l!"~
Trust is filed for record under Clerk's File No. 200600371497, of the Official Records, of Dallas
County, Texas; and

        WHEREAS, the undersigned has been appointed Substitute Trustee in place of the
original Trustee, upon the contingencies and in the manner authorized by said Deed of Trust; and

         WHEREAS, default has occurred in the covenants of the Deed of Trust, monetary or
otherwise, and the full indebtedness secured by the Deed of Trust is now due and payable, and
NTex Realty, LP, the owner and holder of said indebtedness has requested the undersigned to
sell the property to satisfy the indebtedness secured by the Deed of Trust.

         NOW, THEREFORE, I, the undersigned Substitute Trustee, give notice that I will, after
notice as required by the Deed of Trust and by law, sell at public auction to the highest bidder for
cash, at the North side of the building below the overhang facing Commerce Street of the George
Allen Building, 600 Commerce Street, Dallas, Texas 75202, at 10:00 a.m. (or within three hours
thereafter) on January 3, 2012, the property covered by the Deed of Trust, being more
particularly described as:

       Being Lots 4, 5, 6, 10, 11 and 12, Block B/8341 of ARCADIA PARK ANNEX,
       an Addition to the City of Dallas, Dallas County, Texas, according to the Map
       thereof recorded in Volume 1, Page 415, Map Records, Dallas County, Texas.

      THE SALE OF THE PROPERTY IS "AS IS" AND "WHERE IS" AND WITHOUT
REPRESENTATION    OR WARRANTY OF ANY KIND BY SUBSTITUTE       TRUSTEE,
EXPRESS,  IMPLIED,   STATUTORY, OR OTHERWISE,    IT BEING   EXPRESSLY
DISCLAIMED, THAT NTEX REALTY, LP, NOR SUBSTITUTE TRUSTEE, MAKE ANY
REPRESENTATIONS    OR W ARRA TIES WITH RESPECT TO COMPLIANCE      WITH
LAWS, RULES, REGULATIONS, OR THE ABSENCE OF ANY LA TENT DEFECTS, OR
ANY OTHER WARRANTY OR REPRESENT ATION WHATSOEVER WITH RESPECT TO
THE PROPERTY, ALL OF WHICH SHALL BE EXPRESSLY WAIVED BY PURCHASER.



       WITNESS MY HAND THIS 9th day OfDL~OW                        ~


                                              Tim Fleet, Substitute Trustee
                                         •                                                                                                     379


                                                     CAUSE            NO. 09-00021-M

CARLOS        QUI~'TAl\'ILLA                                              §                 IN THE DISTRICr              COURT
                                                                          §
v.                                                                        §                 DALLAS       COUNTY,         TEXAS
                                                                          §
A\fERICA\  HOME MORTGAGE                                                  §
A~n OPTIOI" 01\E MORTGAGE                                                 §                 29811> JUDlCIAL         DISTRICT

                                        ORDER          DISSOLVIr\G                 TEMPORARY
           Rl:SfRAI\1I:\1G              ORDER          A_'JD DENYII"G TEMPORARY                             IN.JUNCTION

          On this date came on            \0   be heard Plaintiffs             Application       for Temporary        Injunction,    after a

review of the pleadings               and hearing         the evidence of record an considering                       the arguments       of

counsel, the Court         s of the opimon            that the Plaintiffs           Application     is without      merit and should be

denied;   It IS   therefore

          ORDERED,             ADJCDGED                and      DECREED              that     the Temporary          Restraining     Order

prohrbiting        Defendant         AMERICAN                HOME             MORTGAGE             and     its agents, attorneys        and

representatives        and all persons             soliciting         in concert     or participating       with them       from selling,

attempting        to sell or causing       to be sold, either under power of sale in a Deed of Trust or a nOI1-

judici al foreclosure,        the property          located at 421 S DWight Avenue,                      Dallas,    TX 75211-4433,        is

hereby DISSOLVED;               It   is further,

          ORDERED,             ADJUDGED               and DECREED                  that the    request for Temporary             Injunction

prolubrnng          Defendants          AMERlCAN                      HOME          MORTGAGE                AND        OPTION         O~E

lVlORTGAGE             and us agel ts, attorneys                and representatives           and at! persons       soliciting   in concert

or pnrtic.patmg         with them from selling,                  attempting         (0   sell or causing        to be sold, either under

power of sale In a Deed of Trust                      or a non-judicial             foreclosure.    the property        located at 421 S

DWIght     Avenue,      Dallas, TX 752 \ \ -4433,                IS   hereby   DEt\IED;        it is further,
•
                                        •
            ORDERED,          ADJUDGED          and DECREED       that the Bond posted   by the Plaintiff   in the

    amount of F1VF H1J!\'TIRED AND NOIlOO DOLLARS                       ($500.00) is awarded     to Defendants,

    AMERICAl\        1I0:\1E MORTGAGE              AND OPTION         oxs   MORTGAGE         and their attorneys

    for the preparatron     and attendance   of this

            SIGNED the             3     day of        . ,2009.



                                                            ~jfJ
                                                          JUOG           IDING


    AI'PROVED AS TO FORM
    AND IMMEDIATE ENTRY REQUESTED:

    CODlLlS & STA WIARSKI,               P.c.


    ISI Randall B. Clark
     n.A~(nALL B. CLARK
    State Bar No 04294900
    Emal!.K:lndaIICI;J.r.~@tx.c$kgal.com
    ROBERT L. I EGRli'\
    State Bar No 14865550
    MARY M. SPEIDEL
    Stale Bar 0 18908400
    650 N Sam Houston Parkway            East, Ste. 450
    Houston, Texas 77060
    (281)925-5200
    (281) 925-5300        (Facsuuile)

    ATTOR 'EVS FOR: DEFE 'DAl"TS,
    AMERICA'   HOME MORTGAGE AND
    OPTlOt Oi'\£ MORTGAGE
                                     CAUSE NO. 09-00021-M

CARLOS QUINTANILLA                                §           IN THE DISTRICT COURT
                                                  §
v.                                                §           DALLAS COUNTY, TEXAS
                                                  §
AMERICAN HOME MORTGAGE                            §
AND OPTION ONE MORTGAGE                           §           29Slh JUDICIAL     DlSTRlCf

                                  ORDER RE-OPENING           CASE

        On this day, came on to be heard, the Defendants' Motion to Administratively Re-Open

the Case in the above referenced and numbered .cause. The court has received notification that

the loan modification process was unsuccessful.       Accordingly, and after consideration of the

above, the Court finds that this case should be administratively        re-opened and placed on the

court's active trial docket.

        IT IS THEREFORE          ORDERED,    ADJUDGED AND DI-:CREED that the Clerk of the



                                          rv .
Court re-open this file' and place it on the Court's active docket of pending cases,

        SIGNED this        ,('   day of                        20 10.
                                                                                      -:   ~.   "




                                            CAUSE NO. 09-00021
                                                                          !OCC-;- -8 ,;; I: 40

CARLOS QUINTANILLA,                                    )              IN THE 29STH JUDICi~L
                          Plaintiff                    )
                                                                        'I"i~::_-~-~--:~~:;":S
                                                                       -~JTY
                                                       )
VS.                                                    )             DISTRICT     COURT OF
                                                       )
AMERICAN        }IOME MORTGAGE,                        )              DALLAS COUNTY,                TEXAS
                          Defendant                    )



                               NOTICE OF NONSUIT              AND DISMISSAL


Plaintiff requests that this case be dismissed and nonsuited for the following reason:


          Plaintiff and Defendant's       successor and assign, NTex Realty, LP, have reached an
agreement for a modification          of the loan at issue.




                                                      ORDER


The above styled and numbered case is hereby dismissed and Defendant,              and its successors and
assigns, is hereby discharged     and forever released from any and all liability on the Plaintiff's
Original Petition.


Signed:     __________                            , 2010.



                                                              Presiding Judge
                                                              298th Judicial District Court, Dallas County

				
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