Miramar Townhomes SWNG 1, LLC, et al v. Federal National Mortgage Association — Order

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Order filed October 20, 2026
In The
Fourteenth Court of Appeals
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NO. 14-26-00190-CV
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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
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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
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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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