In Brown v. EMC Mortgage Corp., 326 S.W.3d 648 (Tex. App.--Dallas 2010, pet. denied), the plaintiffs ("the Browns") filed suit against EMC Mortgage Corporation ("EMC") seeking injunctive relief to prevent foreclosure on their home and alleging violations of the Texas Fair Debt Collection Practices Act. Id. at 649. EMC counterclaimed "for foreclosure." Id. at 650. The trial court granted EMC's motion for summary judgment on its counterclaim and, several months later, signed an order authorizing EMC to sell the Browns's property at public auction pursuant to section 51.002 of the Texas Property Code. Id. The Browns appealed, contending in part the trial court erred by ordering their property be sold by EMC at public auction because "this relief is inconsistent with the exclusive means of carrying out a judicial foreclosure of a mortgage lien" described in Texas Rule of Civil Procedure 309. Id. at 653. The Court stated in part that "because nothing in chapter 51 conflicts with rule 309, we must assume that the legislature intended for judicial foreclosures to continue to be conducted by sheriffs or constables even after the enactment of chapter 51." Id. at 654. Therefore, the Court concluded, "the order of sale in this case is not in compliance with Texas law." Id.