Miramar Townhomes SWNG 1, LLC, et al v. Federal National Mortgage Association — Order
Miramar Townhomes SWNG 1, LLC, et al v. Federal National Mortgage Association — Order
Txctapp14
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Order filed October 20, 2026 In The Fourteenth Court of Appeals ____________ NO. 14-26-00190-CV ____________ MIRAMAR TOWNHOMES SWNG 1, LLC, ET AL, Appellants V. FEDERAL NATIONAL MORTGAGE ASSOCIATION, Appellee On Appeal from the 269th District Court Harris County, Texas Trial Court Cause No. 2026-05749 ORDER This is an appeal from an order appointing a receiver. Appellee has filed a motion alleging that appellants are not in compliance with the order. The motion contains an affidavit signed by the receiver supporting appellee’s allegations. Appellee requests that we compel compliance with the receivership order pursuant to Rule 29.4 of the Rules of Appellate Procedure. Tex. R. App. P. 29.4 Appellants are five real properties that operate as multifamily living spaces. The trial court appointed a receiver after finding that appellants defaulted on loans
2 and made significant fraudulent transfers with the loan proceeds. The trial court enforced the default remedies contained in the deeds of trust covering the properties. The trial court further ordered appellants to surrender the properties and turn over all records related to the properties. The trial court expressly provided for the individual records to be turned over. The order further provided that the receiver would take charge of all aspects of running the properties, including the collection of rent. The order also provided for the receiver to take possession of all appellants’ bank accounts. Essentially, the order divested appellants from any and all control related to business of operating the multifamily living spaces and turned over all authority to the receiver. Appellee alleges that appellants never complied with any material provision of the receivership order. Specifically, they allege the appellants (1) have not turned over any of the records provided for in the order; (2) have continued to collect rent; (3) have withheld Section 8 records and funds; (4) have failed to turn over security deposits; (5) have allowed the utility accounts to go severely delinquent despite charging tenants utility-reimbursement fees; (6) have either failed to turn over the insurance policies, or where they have been provided, the insurance policies have been determined to be non-existent or expired; and (7) have withheld all work orders and maintenance histories for the properties creating dire safety hazards. We grant appellee’s motion and direct the trial court to hold a hearing within 10 days from the date of this order and to grant all appropriate relief necessary to bring about compliance with the receivership order, including contempt of court. The trial court clerk is directed to prepare, certify, and file with this court (1) a hearing record from the hearing and (2) a supplemental clerk’s record containing
3 the trial court’s order granting appropriate relief within 5 days from the date of the hearing. See Tex. R. App. P. 29.4(a). PER CURIAM Panel Consists of Justices Wise, Jewell, Wilson.
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