Opinion
14-21-00425-CV
09-23-2021
DEBRA HARRISON, Appellant v. SELECT PORTFOLIO SERVICING, INC., AS LOAN SERVICES FOR U.S. BANK TRUST NATIONAL ASSOCATION, AS TRUSTEE FOR ABS LOAN TRUST VI, Appellee
On Appeal from the County Probate Court No. 1 Harris County, Texas Trial Court Cause No. 404002-401
Panel Consists of Justices Jewell, Spain, and Wilson.
ORDER
PER CURIAM
Before this court is an emergency motion filed by appellant to stay a foreclosure sale scheduled for October 5, 2021. Appellee has filed a response. After considering the motion and the response, although this court concludes appellant is not entitled to a stay by right, she is entitled to an opportunity to supersede the trial court's judgment pending appeal. The Texas Rules of Appellate Procedure set requirements for trial courts to enable judgment debtors to supersede the effects of judgments for recovery of property interests or other non-money judgments by setting amounts and types of security to be posted. Tex.R.App.P. 24.2(a)(2) -(3). These procedures are generally a matter of right. See L Series, L.L.C. v. Holt, 571 S.W.3d 864, 878 (Tex. App.-Fort Worth 2019, pet. denied). As there is no indication the trial court provided appellant with an opportunity to supersede its judgment, appellant's motion is granted in part and denied in part. Pursuant to Texas Rule of Appellate Procedure 24.4(e), which applies when appellate courts order additional or other security to supersede a judgment, appellee is prohibited from foreclosing on the property at issue in this case for 20 days from the date of this order. The trial court is ordered within 10 days of the date of this order to determine and set the type of security appellant must post to supersede the judgment.