Reported / Citable
Background
John A. Kirk alleges that he owns a home in Austin, Texas, secured by a 2018 promissory note and deed of trust. He contends that defendants failed to provide information necessary to cure an asserted default, although he says he is ready, willing, and able to tender the required funds.
A Texas state court had previously restrained a December 2025 foreclosure sale, which was cancelled. After defendants removed the case to federal court, a new foreclosure sale was scheduled for September 1, 2026. Kirk sought emergency relief one business day before the sale.
The Court’s Holding
Senior U.S. District Judge David A. Ezra granted Kirk’s request for a temporary restraining order. At this preliminary stage, the court found that Kirk had shown a likelihood of success, likely irreparable harm absent relief, equities favoring him, and consistency with the public interest.
The order bars Tejas Corporate Services and those acting with it from conducting, continuing, or completing the scheduled foreclosure sale of the Austin property, including any rescheduled sale, pending resolution of Kirk’s preliminary-injunction request. The court required no bond, held the preliminary-injunction request in abeyance, and set opposition and reply briefing deadlines.
Key Takeaways
- The TRO immediately preserves the status quo by stopping the scheduled foreclosure sale.
- The court’s likelihood-of-success finding was expressly preliminary and may be rebutted after defendants respond.
- The TRO expires automatically at 5 p.m. CDT fourteen days after the order.
Why It Matters
The ruling prevents foreclosure before the court can more fully assess Kirk’s claims concerning cure information, the authority to foreclose, and alleged RESPA and Regulation X violations. It does not decide the merits or grant a preliminary injunction.