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SUIT NO. 301453
FORT BEND COUNTY MUNICIPAL IN THE DISTRICT COURT
UTILITY DISTRICT #2
400TH JUDICIAL DISTRICT
NANCY L SCHULTZ INDIVIDUALLY, FORT BEND COUNTY, TEXAS
AND ALL KNOWN HEIRS,
SUCCESSORS OR ASSIGNS OR OTHER
UNKNOWN OWNER, ADVERSE
CLAIMANTS OWNING OR CLAIMING
ANY LEGAL OR EQUITABLE INTERST
IN AND TO SUCH PROPERTY, ET AL
ORIGINAL INTERVENTION
TO THE HONORABLE JUDGE OF SAID COURT:
INTERVENOR(S)
This claim for the recovery of delinquent ad valorem taxes is filed under ODE
by the following named Intervenor(s), whether one or more, each of which is a taxing unit and is legally
constituted and authorized to impose and collect taxes on property:
FORT BEND COUNTY, FORT BEND COUNTY GENERAL FUND, FORT BEND COUNTY
DRAINAGE DISTRICT and FORT BEND COUNTY EMERGENCY SERVICES DISTRICT # 05
The Intervenor(s) intends discovery to be conducted under Level 2 of Rule 190, Texas Rules of
Civil Procedure.
DEFENDANT(S)
The following are named as Defendant(s) by the Plaintiff taxing unit who originated th suit, and
all parties to this suit are charged with notice of this claim, without further citation or other notice, as
provided by 117a(4) and by ODE
NANCY L. SCHULTZ INDIVIDUALLY, AND ALL KNOWN HEIRS, SUCCESSORS OR
ASSIGNS OR OTHER UNKNOWN OWNER, ADVERSE CLAIMANTS OWNING OR
CLAIMING ANY LEGAL OR EQUITABLE INTERST IN AND TO SUCH PROPERTY
KIMBERLY A. SCHULTZ IN REM ONLY, INDIVIDUALLY, AND AS HEIR TO NANCY L.
SCHULTZ, 864 BOOMERANG CT, NEW BRAUNFELS, TX 78132;
ROBERT GEORZ, TOWNEWEST HOMEOWNERS ASSOCIATION, INC (IN REM ONLY) BY
SERVING ITS PRESIDENT ROBERT GEORZ, 13915 PANHANDLE, SUGAR LAND, TX 77498
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if living, and if any or all of the above named Defendant(s) be deceased, the unknown heirs of each or all
of the said above named deceased persons; and the unknown owner or owners of the following described
property; and the executors, administrators, guardians, legal representatives, devisees of the above named
persons; and any and all other persons, including adverse claimants, owning or having any legal or
equitable interest in or lien upon the below described property located in the county in which this suit is
brought.
II.
Claims for all taxes becoming delinquent on said property at any time subsequent to the filing of
this suit, up to the day of judgment, including all penalties, interest, attorney’s fees, and costs on same,
are incorporated in this suit, and Intervenor(s) is entitled to recover the same, upon proper proof, without
further citation or notice. Intervenor(s) is further entitled to recover each penalty that is incurred and all
interest that accrues on all delinquent taxes imposed on the property from the date of judgment to the date
of sale.
III.
As to each separately described property shown in “Exhibit A”, there are delinquent taxes penalties,
interest attorney’s fees, and costs justly due, owing and unpaid to Plaintiff(s) for the tax years and in the
amounts shown therein, said exhibit being attached hereto and made a part hereof by reference for all
purposes.
IV.
All of the taxes were authorized by law and legally imposed in the county in which this suit is
brought. The taxes were imposed in the amount(s) stated above on each separately described property for
each year specified and on each person named, if known, who owned the property on January 1 of the
year for which the tax was imposed. Intervenor(s) now has and asserts a lien on each tract of real property
and each item of personal property described herein to secure the payment of all taxes, penalties, interest
and costs due. Pursuant to Rule 54 of the Texas Rules of Civil Procedure, Intervenor(s) affirmatively
avers that all things required by law to be done have been done properly by the appropriate officials and
all conditions precedent have been met.
V.
All of the property described above was, at the time the taxes were assessed, located within the
territorial boundaries of each taxing unit in whose behalf this claim is filed. All Defendants named in this
suit either owned the property that is the subject of this suit on January 1 of the year in which taxes were
imposed on said property, or owned or claimed an interest in or lien upon said property at the time of the
filing of this claim. The value of any personal property that may be described above, and against which
the tax lien is sought to be enforced, is in excess of FIVE HUNDRED AND NO/100 DOLLARS
($500.00).
VI.
The Law Firm represented by the attorney whose name is signed hereto is legally authorized and
empowered to institute and prosecute this action on behalf of Intervenor(s). Intervenor(s) should recover
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attorney's fees as provided by law for the prosecution of this case, and such attorney's fees should be taxed
as costs.
VII.
Intervenor(s) may have incurred certain expenses in the form of abstractor’s costs in procuring
data and information as to the name, identity and location of necessary parties, and in procuring necessary
legal descriptions of the property that is the subject of this suit. Said expenses, if incurred, are reasonable
and are in the following amount: $ NONE. The abstractor's costs, if any be shown, should be taxed as
costs herein.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Intervenor(s) prays, upon final hearing in this cause,
for foreclosure of its liens against the above-described property securing the total amount of all delinquent
taxes, penalties and interest, including taxes, penalties and interest becoming delinquent during the
pendency of this suit, costs of court, attorney's fees, abstract fees, and expenses of foreclosure sale.
Intervenor(s) further prays for personal judgment against Defendant(s) who owned the property on
January 1 of the year for which the taxes were imposed for all taxes, penalties, interest, and costs that are
due or will become due on the property, together with attorney's fees and abstractor's fees. Intervenor(s)
further prays for: (1) the appropriate order of sale requiring the foreclosed property to be sold, free and
clear of any right, title or interest owned or held by any of the named Defendants, at public auction in the
manner prescribed by law, and (2) writs of execution, directing the sheriffs and constables for the State of
Texas, to search out, seize, and sell sufficient property of the Defendant(s) against whom personal
judgment may be awarded to satisfy the lawful judgment sought herein. Finally, Intervenor(s) prays for
such other and further relief, at law or in equity, to which it may show itself justly entitled.
Respectfully submitted,
LINEBARGER GOGGAN BLAIR &
SAMPSON, LLP
512 S. Seventh Street
Richmond, Tx 77469
(281) 342-9636; FAX: (281) 341-7808
.
Karina Andrade
State Bar No. 24120001
Charles "Chip" A. Sutton
State Bar No. 19529250
Linebargerfbc@lgbs.com
Attorney for Intervenor(s)
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CERTIFICATE OF SERVICE
I hereby certify that on the date shown below, a true and correct copy of the foregoing instrument
was served, in the manner required by TEX. R. CIV. P. 21 and 21a, upon all counsel of record and on all
other parties who have made an appearance in this suit on the 10th day of May, 2023.
KIMBERLY A. SCHULTZ IN REM ONLY, INDIVIDUALLY
AND AS HEIR TO NANCY L. SCHULTZ
864 BOOMERANG CT
NEW BRAUNFELS, TX 78132
ROBERT GEORZ
TOWNEWEST HOMEOWNERS ASSOCIATION, INC (IN REM ONLY) BY SERVING ITS
PRESIDENT ROBERT GEORZ
13915 PANHANDLE
SUGAR LAND, TX 77498
PERDUE, BRANDON, FIELDER, COLLINS & MOTT, LLP
1235 NORTH LOOP WEST, SUITE 600
HOUSTON, TEXAS 77008
(713) 862-1860 (713) 862-1429 FAX
PBFCM-Houston@pbfcm.com
.
Attorney Certifying
anm Suit No. 23-DCV-301453
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SUIT NO. 301453 FORT BEND COUNTY MUNICIPAL IN THE DISTRICT COURT UTILITY DISTRICT #2 400TH JUDICIAL DISTRICT NANCY L SCHULTZ INDIVIDUALLY, FORT BEND COUNTY, TEXAS AND ALL KNOWN HEIRS, SUCCESSORS OR ASSIGNS OR OTHER UNKNOWN OWNER, ADVERSE CLAIMANTS OWNING OR CLAIMING ANY LEGAL OR EQUITABLE INTERST IN AND TO SUCH PROPERTY, ET AL ORIGINAL INTERVENTION TO THE HONORABLE JUDGE OF SAID COURT: INTERVENOR(S) This claim for the recovery of delinquent ad valorem taxes is filed under ODE by the following named Intervenor(s), whether one or more, each of which is a taxing unit and is legally constituted and authorized to impose and collect taxes on property: FORT BEND COUNTY, FORT BEND COUNTY GENERAL FUND, FORT BEND COUNTY DRAINAGE DISTRICT and FORT BEND COUNTY EMERGENCY SERVICES DISTRICT # 05 The Intervenor(s) intends discovery to be conducted under Level 2 of Rule 190, Texas Rules of Civil Procedure. DEFENDANT(S) The following are named as Defendant(s) by the Plaintiff taxing unit who originated th suit, and all parties to this suit are charged with notice of this claim, without further citation or other notice, as provided by 117a(4) and by ODE NANCY L. SCHULTZ INDIVIDUALLY, AND ALL KNOWN HEIRS, SUCCESSORS OR ASSIGNS OR OTHER UNKNOWN OWNER, ADVERSE CLAIMANTS OWNING OR CLAIMING ANY LEGAL OR EQUITABLE INTERST IN AND TO SUCH PROPERTY KIMBERLY A. SCHULTZ IN REM ONLY, INDIVIDUALLY, AND AS HEIR TO NANCY L. SCHULTZ, 864 BOOMERANG CT, NEW BRAUNFELS, TX 78132; ROBERT GEORZ, TOWNEWEST HOMEOWNERS ASSOCIATION, INC (IN REM ONLY) BY SERVING ITS PRESIDENT ROBERT GEORZ, 13915 PANHANDLE, SUGAR LAND, TX 77498 anm Suit No. DCV 301453 if living, and if any or all of the above named Defendant(s) be deceased, the unknown heirs of each or all of the said above named deceased persons; and the unknown owner or owners of the following described property; and the executors, administrators, guardians, legal representatives, devisees of the above named persons; and any and all other persons, including adverse claimants, owning or having any legal or equitable interest in or lien upon the below described property located in the county in which this suit is brought. II. Claims for all taxes becoming delinquent on said property at any time subsequent to the filing of this suit, up to the day of judgment, including all penalties, interest, attorney’s fees, and costs on same, are incorporated in this suit, and Intervenor(s) is entitled to recover the same, upon proper proof, without further citation or notice. Intervenor(s) is further entitled to recover each penalty that is incurred and all interest that accrues on all delinquent taxes imposed on the property from the date of judgment to the date of sale. III. As to each separately described property shown in “Exhibit A”, there are delinquent taxes penalties, interest attorney’s fees, and costs justly due, owing and unpaid to Plaintiff(s) for the tax years and in the amounts shown therein, said exhibit being attached hereto and made a part hereof by reference for all purposes. IV. All of the taxes were authorized by law and legally imposed in the county in which this suit is brought. The taxes were imposed in the amount(s) stated above on each separately described property for each year specified and on each person named, if known, who owned the property on January 1 of the year for which the tax was imposed. Intervenor(s) now has and asserts a lien on each tract of real property and each item of personal property described herein to secure the payment of all taxes, penalties, interest and costs due. Pursuant to Rule 54 of the Texas Rules of Civil Procedure, Intervenor(s) affirmatively avers that all things required by law to be done have been done properly by the appropriate officials and all conditions precedent have been met. V. All of the property described above was, at the time the taxes were assessed, located within the territorial boundaries of each taxing unit in whose behalf this claim is filed. All Defendants named in this suit either owned the property that is the subject of this suit on January 1 of the year in which taxes were imposed on said property, or owned or claimed an interest in or lien upon said property at the time of the filing of this claim. The value of any personal property that may be described above, and against which the tax lien is sought to be enforced, is in excess of FIVE HUNDRED AND NO/100 DOLLARS ($500.00). VI. The Law Firm represented by the attorney whose name is signed hereto is legally authorized and empowered to institute and prosecute this action on behalf of Intervenor(s). Intervenor(s) should recover anm Suit No. 23-DCV-301453 attorney's fees as provided by law for the prosecution of this case, and such attorney's fees should be taxed as costs. VII. Intervenor(s) may have incurred certain expenses in the form of abstractor’s costs in procuring data and information as to the name, identity and location of necessary parties, and in procuring necessary legal descriptions of the property that is the subject of this suit. Said expenses, if incurred, are reasonable and are in the following amount: $ NONE. The abstractor's costs, if any be shown, should be taxed as costs herein. PRAYER WHEREFORE, PREMISES CONSIDERED, Intervenor(s) prays, upon final hearing in this cause, for foreclosure of its liens against the above-described property securing the total amount of all delinquent taxes, penalties and interest, including taxes, penalties and interest becoming delinquent during the pendency of this suit, costs of court, attorney's fees, abstract fees, and expenses of foreclosure sale. Intervenor(s) further prays for personal judgment against Defendant(s) who owned the property on January 1 of the year for which the taxes were imposed for all taxes, penalties, interest, and costs that are due or will become due on the property, together with attorney's fees and abstractor's fees. Intervenor(s) further prays for: (1) the appropriate order of sale requiring the foreclosed property to be sold, free and clear of any right, title or interest owned or held by any of the named Defendants, at public auction in the manner prescribed by law, and (2) writs of execution, directing the sheriffs and constables for the State of Texas, to search out, seize, and sell sufficient property of the Defendant(s) against whom personal judgment may be awarded to satisfy the lawful judgment sought herein. Finally, Intervenor(s) prays for such other and further relief, at law or in equity, to which it may show itself justly entitled. Respectfully submitted, LINEBARGER GOGGAN BLAIR & SAMPSON, LLP 512 S. Seventh Street Richmond, Tx 77469 (281) 342-9636; FAX: (281) 341-7808 . Karina Andrade State Bar No. 24120001 Charles "Chip" A. Sutton State Bar No. 19529250 Linebargerfbc@lgbs.com Attorney for Intervenor(s) anm Suit No. 23-DCV-301453 CERTIFICATE OF SERVICE I hereby certify that on the date shown below, a true and correct copy of the foregoing instrument was served, in the manner required by TEX. R. CIV. P. 21 and 21a, upon all counsel of record and on all other parties who have made an appearance in this suit on the 10th day of May, 2023. KIMBERLY A. SCHULTZ IN REM ONLY, INDIVIDUALLY AND AS HEIR TO NANCY L. SCHULTZ 864 BOOMERANG CT NEW BRAUNFELS, TX 78132 ROBERT GEORZ TOWNEWEST HOMEOWNERS ASSOCIATION, INC (IN REM ONLY) BY SERVING ITS PRESIDENT ROBERT GEORZ 13915 PANHANDLE SUGAR LAND, TX 77498 PERDUE, BRANDON, FIELDER, COLLINS & MOTT, LLP 1235 NORTH LOOP WEST, SUITE 600 HOUSTON, TEXAS 77008 (713) 862-1860 (713) 862-1429 FAX PBFCM-Houston@pbfcm.com . Attorney Certifying anm Suit No. 23-DCV-301453