3313 Comal Dr

SHAHAN LAKEVIEW ADDN PH 1 BLK F LOT 9

a IZ |o2 ep »
25 » cen _ Ay & ! . NOTICE OF ASSESSMENT LIEN SALE Arey Co, >, STATE OF TEXAS § 8am o5, COUNTY OF DENTON ; WHEREAS, on or about July 12, 2022, a Notice of Lien was filed in the Deed Records of Denton County, Texas, covering the real property herein described concerning default in the payment of the indebtedness owing by Manuel Martinez and Iris Esparza, the present owners of said real property, to Shahan Lakeview Community Association, Inc. (the "Association"); and WHEREAS, the said Manuel Martinez and Iris Esparza have continued to default in the payment of their indebtedness to the Association and the same is now wholly due, and the Association, acting by and through its duly authorized agent, intends to sell the herein described property to satisfy the present indebtedness of said owners to the Association; NOW, THEREFORE, notice is hereby given that on Tuesday, December 2,. 2025, between 10 o’clock a.m. and 4 o’clock p.m., the Association will sell said real estate in the Courtyard area at the southwest corner of Denton County Court Building, Denton, Denton County, Texas, to the highest bidder for cash, subject to all superior liens and encumbrances of record. The earliest time.at which said sale will begin will be 10:00 o'clock a.m., and the sale will take place not later than three (3) hours after that time. Said real estate is described as follows: Lot 9, Block F, of Shahan Lakeview Phase 1, an Addition to the City of Oak Point, Denton County, Texas, according to the Map or Plat thereof recorded in Document No. 2017-210, Plat Records of Denton County, Texas (3313 Comal Drive) WITNESS my hand this IOt*day of LouirabeL» 2025 SHAHAN LAKEVIEW COMMUNITY ASSOCIATION, INC. d (~ eh eed, Substitute Trustee Lf Riddle & Williams, P.C. “3811 Turtle Creek Blvd, Suite 500 Dallas, Texas 75219






The within notice was posted by me on the __ day of. , 2025, at the Denton County Courthouse in Denton, Texas.
1824-82150
 FILED; 10/26/2023 1:00 PM David Trantham Denton County District Clerk By: Jessica Godwin, Deputy CAUSE NO. 23-3367-467 IN.RE: ORDER FOR FORECLOSURE § IN THE DISTRICT COURT OF CONCERNING § § - , \ 3313 Comal Drive § DENTON COUNTY, TEXAS Little Elm, TX 75068. § § UNDER TEX. R. CIV. PROC. 736 § / i : § 467TH JUDICIAL DISTRICT AND MANUEL MARTINEZ AND IRIS . ESPARZA : ORDER FOR FORECLOSURE On April 12, 2023, the Application for Foreclosure under Tex. R. Civ. Proc. 736 in the above-entitled cause of action was presented to the Court. Shahan. Lakeview Community Association, Inc. (the “Association”), Petitioner herein, seeks an order pursuant to Tex. R. Civ. Proc. 736 to foreclose the Association’s assessment lien against 3313 Comal Drive, Little Elm, Texas 75068, and further described as follows: Lot 9, Block F, of Shahan Lakeview Phase 1, an Addition to'the City of Oak Point, Denton County, Texas, according to the Map or Plat thereof recorded in Document No. 2017-210, Plat Records of Denton County, Texas (3313 Comal Drive) (hereinafter the “Property). The Court finds that the Association’s Application for Foreclosure complies with Rule 736.1 of the Tex. R. Civ. Proc. and was properly served in accordance with Rule 736.4 of the Tex. R. Civ. Proc. The Court further finds that Respondents have not previously filed a response, and the retum of service has been on file with the clerk of the Court for at least 10 days before the date of this Order. The Court ‘finds that the name and last known address of each respondent is as follows: ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE 1
 Manuel Martinez 3313 Comal Drive Oak Point, Texas 75068 Iris Esparza / 3313 Comal Drive Oak Point, Texas 75068 Pursuant to Rule 736.7 of the Tex. R. Civ. Proc., all facts alleged in the Application for Foreclosure and supported by the affidavit of material facts constitute prima facie evidence of the truth of the matters alleged. The Court farther finds as follows: 1. This proceeding is brought in the county in which all or part of the real property encumbered by the lien sought to be foreclosed is located. The Association is governed by the Declaration of Covenants, Conditions & Restrictions for Shahan Lakeview (the "Declaration"), as corrected and supplemented from time to time. The Property is subject to and governed by the Declaration. By virtue of Respondents’ acquisition of the Property, Respondents agreed to and became obligated by the Declaration to pay to the Association all assessments for _the expense of administration, maintenance, upkeep and repair of the Community as assessed in accordance with the Declaration, as more particularly shown in Article 6 of the Declaration. Article 6, Section 6.1.2 of the Declaration creates an assessment lien against the Property to secure payment of assessments and other charges pursuant to Tex. R. Civ. Proc. 735.1(c) and Tex. Prop. Code 209.0092. Article 6, Section 6.10 of the Declaration further provides that the Association may foreclose its assessment lien by ‘appropriate judicial or non-judicial ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE 2




proceedings. During the period of Respondents’ ownership, Respondents have been assessed ‘maintenance fees in a non-discriminatory. manner based. on Respondents’ ownership of the Property. Article 6, Section 6.9 of the Declaration and-Texas Property Code 5.006 provide for recovery of attomey's fees and .expenses ‘incurred in the collection of delinquent assessments. , As of March 29, 2023, Respondents were 14 months in default in their obligations to the Association for a total of One Thousand Eight Hundred and Ninety Three Dollars and Fourteen Cents ($1,893.14). Respondents have been notified of the amounts due and unpaid attributed to Respondents’ failure to pay the assessments and other charges by notice letter dated May 2, 2022. A Notice of Lien was filed on or about July 12, 2022 at 102067 in the office of the County Clerk of Denton County, Texas, and Respondents were notified of same by letter dated July 12, 2022. The Association afforded Respondents thirty (30) days to cure the default pursuant to the July 12, 2022 letter, and such opportunity to cure the default has expired. Prior to filing this Application, the Association performed all actions required under applicable law and the terms of the Declaration required prior to foreclosing the Association’s assessment lien against the Property: THE COURT THEREFORE GRANTS the Association’s Application for Foreclosure ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736  under Tex. R, Civ. Proc. 736. IT IS THEREFORE ORDERED that the Association may proceed with a foreclosure of its assessment lien on the Property under the terms of the Association’s Declaration and Texas Property Code Section 31.002; and \ IT IS FURTHER ORDERED that the Association shall: send Respondents a copy of this Order with the notice of foreclosure sale sent to Respondents; and IT IS FURTHER ORDERED that the Association may communicate with Respondents and all third parties as may be reasonably necessary to conduct the foreclosure sale of the Property. 10/26/2023 SIGNED ON



JUDGE PRESIDING ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE 4

Bed, Bath, Estimated value: $584,559 Avg ($/sqft: 201, 4 Bed , 3 Bath) # listed: 28