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CAUSE NO. _________________
OVATION SERVICES, LLC, IN THE DISTRICT COURT OF
Plaintiff
FORT BEND COUNTY, TEXAS
DUNG VIET LE, ET AL,
____ JUDICIAL DISTRICT
Defendant
ORIGINAL PETITION FOR JUDICIAL FORECLOSURE
OF TRANSFERRED TAX LIENS
TO THE HONORABLE JUDGE OF SAID COURT:
Plaintiff, Ovation Services, LLC (“Ovation”), files this petition for the judicial foreclosure
of a transferred tax lien pursuant to Texas Tax Code §32.06(c), 32.065(c), and 33.41 of the Texas
Tax Code. Plaintiff would respectfully show the court the following:
Discovery. Plaintiff intends to conduct discovery under Level 2 of Rule 190.3, Texas
Rules of Civil Procedure.
Plaintiff. Plaintiff is Ovation Services, LLC, a Texas limited liability company whose
principal place of business is 8401 Datapoint Dr., Ste. 1000, San Antonio, Texas 78229.
Authority Plaintiff is authorized to bring this suit by virtue of a written agreement with
the holder of the note and transferred tax liens, FGMS Holdings, LLC. (“FGMS”). Plaintiff is
designated as FGMS’s mortgage servicer as that term is defined by Tex. Property Code §
51.0001(3).
Nature of Lien. This suit involves the foreclosure of one or more tax liens transferred
pursuant to Texas Tax Code §32.06. These transferred tax liens retain the priority established by
Texas Tax Code §32.05, and Plaintiff is subrogated to all rights of the taxing authorities originally
holding these liens and is entitled to exercise any right or remedy possessed by those taxing
authorities including foreclosure or judicial sale. Tex. Tax Code §32.065(c).
Original Petition for Judicial Foreclosure of Transferred Tax Liens Page
3. Defendant(s). The following Defendant(s) may be served with notice of these claims by
service of citation at the address and in the manner shown as follows:
Dung Viet Le, an individual who may be served at 16907 Iver Ironwood TRL,
Richmond, TX 77407.
Rosalina Roeda De Le, an individual who may be served at 16907 Iver Ironwood
TRL, Richmond, TX 77407.
Tran Bui 2 LLC, (in rem only), who may be served by serving its registered agent
c/o Thiep Phuong Bui at 11426 Ruby Canyon Ln., Houston, TX 77095.
If any or all of the above named Defendants are deceased, the unknown heirs, successors, and
assigns; and the unknown owner or owners of the following described property and any and all
other persons or entities, including adverse claimants, owning or having any legal or equitable
interest or lien upon the below described property located in the county in which this suit is brought
are joined as Defendants.
4. Joinder of Taxing Units. The following taxing unit(s) or tax lien transferee(s), whether
one or more, are joined as parties herein as required by sections 33.44(a) and/or 33.445 of the
Texas Tax Code because they may have a claim for delinquent taxes against all or part of the
Property, described below:
Ft. Bend County, Ft. Bend Drainage, Ft. Bend MUD 206, Ft. Bend ESD 5, Ft. Bend
ISD, West Keegans Bayou Imp District.
Each of the foregoing is invited to add its claim, if any, by intervening herein.
5. Jurisdiction. This Court has jurisdiction over this controversy because the issue involves
the foreclosure of one or more liens on a parcel of real property located in this county.
6. Venue. Venue is proper in this Court because the real property encumbered by the ad
valorem tax liens sought to be foreclosed is located in this county.
7. Subject Property. The real property the subject of this suit (the “Property”) is more
particularly described as:
LOT EIGHTEEN (18), IN BLOCK SIX (6), OF CAMELLIA, SECTION ONE (1),
AN ADDITION IN FORT BEND COUNTY, TEXAS, ACCORDING TO THE MAP
OR PLAT THEREOF RECORDED IN/UNDER PLAT NO. 20140207 OF THE
PLAT RECORDSOF FORT BEND COUNTY, TEXAS.
Original Petition for Judicial Foreclosure of Transferred Tax Liens Page 2
Street Address: 16907 Iver Ironwood TRL, Richmond, TX 77407
Tax Account: 2410-01-006-0180-907
8. Appraised Value. The appraised value of the Subject Property according to the most
recent appraisal roll approved by the appraisal review board is $303,780.00.
Factual Background.
9. On August 07, 2019, Defendant executed a promissory note in favor of FGMS Holdings,
LLC (the “Note”). The Note was in the original principal amount of $12,571.03 and evidenced in
the real property records by a Texas Tax Code §32.065 contract for the payment of taxes recorded
under Document No. 2019095297 (the “Contract”, together with the Note, the “Agreement”). The
Agreement is secured by one or more tax liens transferred by the applicable taxing units and those
transferred tax liens were executed and recorded pursuant to Texas Tax Code §32.06(b).
10. Default. Beginning April 01, 2022, Defendant failed to make scheduled payments in
accordance with the Agreement and is in default. Plaintiff, by and through its attorney of record,
provided notice of the default and accelerated the debt in accordance with the Agreement and
applicable law. Defendant has failed to cure the default.
11. Conditions Precedent. All conditions precedent to foreclosure have been performed or
have occurred. All things required by law to be done have been duly and legally performed by the
proper parties.
12. Statutory Notices.
a. The liens sought to be foreclosed are ad valorem tax liens and not liens prohibited by Tex.
Const. Art. XVI, § 50.
b. This legal action is not sought against any occupant of the Subject Property unless the
occupant is also named as a defendant in this petition. If Plaintiff obtains a court order, it will
proceed with foreclosure of the Subject Property in accordance with applicable law and the
terms of the Agreement. In other words, if you are a tenant in the Subject Property, this suit
does not seek affirmative relief from you unless you are named as a defendant herein.
13. Relief Sought Against Defendant. Plaintiff seeks a monetary judgment against Defendant
for all amounts it is owed under the Agreement, as well as foreclosure of the transferred tax liens
on the Subject Property.
Original Petition for Judicial Foreclosure of Transferred Tax Liens Page 3
14. Plaintiff is entitled to recover, without further citation or notice, all penalties, interest,
attorney’s fees, costs, and abstractor’s fees incurred after the filing of this suit and up to the date
of judgment, which are hereby incorporated in this suit. Plaintiff is further entitled to recover
penalties and interest on the delinquent taxes subsequent to the date of the judgment at the contract
rate under the Agreement as allowed by § 304.004 of the Texas Finance Code.
15. Pursuant to § 32.064(c) of the Texas Property Tax Code, Plaintiff is subrogated to all rights
and remedies, including foreclosure, that a taxing unit would be entitled to if it were filing suit in
its own name. All conditions precedent required by Rule 54 of the Texas Rules of Civil Procedure
have been met.
16. The undersigned attorneys are legally authorized and empowered to institute and prosecute
this action on behalf of the Plaintiff. Plaintiff asks that it be awarded reasonable attorney’s fees,
recording fees, court costs, abstractor fees, and if applicable, fees paid to an official, fees for an
attorney ad-litem, or other charges and fees authorized by Texas Finance Code § 351.0021.
PRAYER
Plaintiff prays that, upon proper citation of the Defendant and joined taxing units, a final
hearing be held where it recovers the following:
A. Personal judgment against Defendant, for all amounts due and unpaid under the Agreement
including unpaid principal, penalties, interest, attorney’s fees, and costs, including all costs
of court, that are due or will become due;
B. Judgment declaring that the tax liens subject to this suit are first, prior and/or superior to
any other interest in said property and were transferred to Plaintiff in accordance with
applicable law.
C. Judgment determining the market value of the property on the date of trial and ordering
foreclosure of the transferred ad valorem tax liens on the Subject Property securing
payment of the Agreement, including unpaid principal, penalties, interest, attorney’s fees
and costs, including all costs of court, that are due or will become due.
D. Issuance of an order of sale and/or execution on the Subject Property; and
E. Judgment granting all further relief to which Plaintiff may be entitled.
Respectfully submitted,
Original Petition for Judicial Foreclosure of Transferred Tax Liens Page 4
CREEL LAW GROUP, PLLC
1114 Lost Creek Boulevard, Suite 100
Austin, Texas 78746
Tel: (512) 666-3490
Fax: (512) 329-5818
info@creellawgroup.com
gillian foley-coates
___________________________
GILLIAN FOLEY-COATES
State Bar No. 07208450
Attorneys for Plaintiff
Original Petition for Judicial Foreclosure of Transferred Tax Liens Page 5