Summary
The Texas Court of Appeals, Third District, denied Alice Byrd’s petition for writ of injunction seeking to stay foreclosure proceedings involving disputed real property. The court dissolved its prior August 29, 2025 order that had prohibited Nationstar Mortgage, LLC, from disposing of the property while the court considered related proceedings.
Topics
Practice areas
Questions Presented
- Whether Alice Byrd was entitled to an emergency writ of injunction staying foreclosure proceedings and restricting Nationstar Mortgage, LLC's disposition of the subject real property.
- Whether the court's August 29, 2025 temporary order preserving the status quo should remain in effect.
Holdings
- Alice Byrd was not entitled to the extraordinary relief sought through her petition for writ of injunction.
- The court dissolved its August 29, 2025 order that had temporarily prohibited Nationstar Mortgage, LLC, from disposing of the subject property.
Key quotations
“Having considered the parties’ filings, the applicable law, and the record, we determine that Relator is not entitled to the extraordinary relief she seeks.” (at 2)
Factual background
Foreclosure proceedings were scheduled for September 2, 2025, involving real property that Alice Byrd claimed was legally titled to her. The property was also the subject of an appeal on rehearing in related appellate cause number 03-24-436. To preserve the status quo while considering the rehearing motion, the court temporarily prohibited Nationstar Mortgage, LLC, from selling, conveying, leasing, encumbering, or otherwise disposing of the property.
Procedural history
Alice Byrd filed an emergency motion seeking to stay foreclosure proceedings involving real property that she claimed to own. The court construed the motion as a petition for writ of injunction and issued an August 29, 2025 order temporarily prohibiting Nationstar Mortgage, LLC, from disposing of the property. After considering the parties' filings, applicable law, and record, the court denied the petition and dissolved its prior order.