Preview
FILED
DALLAS COUNTY
1/19/2017 5:14:23 PM
FELICIA PITRE
DISTRICT CLERK
CAUSE NO. DC-16-04654
DAVID PICKETT, TRUSTEE OF THE § IN THE
ALBERT HILL TRUST, §
§
Plaintiff, §
§
v. § 162nd DISTRICT COURT
§
ALBERT G. HILL, III §
and §
ERIN NANCE HILL, §
§
Defendants. § DALLAS COUNTY, TEXAS
RECEIVER’S AGREED MOTION TO DEPOSIT FUNDS INTO THE COURT’S
REGISTRY, DISTRIBUTE SALES PROCEEDS, AND CONVEY CLEAR TITLE OF
THE BORDEAUX PROPERTY TO DOWNTOWN INC.
COMES NOW, Kevin Buchanan, the Court-Appointed Receiver (the “Receiver”), and
files this Agreed Motion to Deposit Funds into the Court’s Registry, Distribute Sales Proceeds,
and Convey Clear Title of the Bordeaux Property to Downtown Inc.
REQUEST FOR JUDICIAL NOTICE
The Receiver requests that the Court take judicial notice of the pleadings and documents
on file with the Court, in particular the Motion for Default Judgment filed by David Pickett, Trustee
of the Albert Hill Trust (the “Plaintiff”); the Default Judgment entered by the Court; the Plaintiff’s
Motion to Determine Parties’ Interests in Property, That Property is Not Susceptible to Partition
in Kind, Order of Sale, and Appointment of Receiver to Sell Property; the Order Granting
Plaintiff’s Motion to Determine Parties’ Interests in Property, That Property is Not Susceptible to
Partition in Kind, Order of Sale, and Appointment of Receiver to Sell Property; the Receiver’s
Verified Motion to Approve the Sale of Real Property; and the Agreed Order on Receiver’s
Verified Motion to Approve the Sale of Real Property.
Page 1
FACTS
Intervenors Campbell Harrison & Dagley, LLP and Calloway, Norris, Burdette & Weber,
PLLC (collectively, the “Intervenors”) obtained a judgment against Defendants Albert G. Hill,
III and Erin Nance Hill (collectively, the “Defendants”), and abstracted and recorded the judgment
lien in the Official Public Records of Dallas County, Texas on or about October 15, 2015, as
identified by County Clerk’s File No. 2015-00264981.
On or about April 21, 2016, Plaintiff filed the above-styled lawsuit seeking the appointment
of a receiver to sell real property known as the Bordeaux Property (defined below) by private sale
and partition the sales proceeds.
On or about August 10, 2016, Intervenors intervened into the lawsuit to assert their
judgment lien against Defendants’ portion of the real property known as the Bordeaux Property.
Defendants failed to answer and the Court entered a Default Judgment on or about August
12, 2016, making, inter alia, the following findings:
(1) This lawsuit pertains to the request by Plaintiff for the Court to order a sale
of property located at 4433 Bordeaux Avenue, Dallas, Texas 75205 (the
“Bordeaux Property”) and partition the proceeds of the sale according to
the parties’ respective interests in the Bordeaux Property.
(2) The legal description of the Bordeaux Property is:
Lot 11, Block 108 of Highland Park West Addition,
Eight Installment, an addition to the City of Highland
Park, Dallas County, Texas, according to the plat
thereof recorded in Volume 5, Page 206, Map
Records, Dallas County, Texas
(3) The Dallas County Tax Office refers to the Bordeaux Property as:
HIGHLAND PARK
BLK 108 LT 11
VOL99223/0449 DD11121999 CO-DC
0845010801100 16908450108
Page 2
(4) Plaintiff is the owner of an undivided eighty percent (80%) interest in and
to the Bordeaux Property and all items of personal property therein.
Defendants are the owners of twenty percent (20%) of the Bordeaux
Property. Defendant Erin Nance Hill is the wife of Defendant Albert G.
Hill, III. Plaintiff acquired its interest in the Bordeaux Property by means
of a General Warranty Deed, which is attached to Plaintiff’s First Amended
Petition for Partition of Real Property as Exhibit A.
On or about September 22, 2016, the Court entered an Order Granting Plaintiff’s Motion
to Determine Parties’ Interests in Property, That Property is Not Susceptible to Partition in Kind,
Order of Sale, and Appointment of Receiver to Sell Property, which is incorporated herein by
reference, appointing Kevin Buchanan as the receiver (the Receiver) to sell the Bordeaux Property
at a private sale, and ordering that the proceeds of the private sale of the Bordeaux Property shall
be returned to the Court.
On or about December 16, 2016, the Court entered an Agreed Order on the Receiver’s
Verified Motion to Approve the Sale of the Bordeaux Property to Downtown Inc. for $3,200,000,
which is incorporated herein by reference, and authorized and directed the Receiver to execute and
deliver all documents that are reasonably necessary to effect the sale and conveyance and to deliver
possession of the real property to the purchaser when the purchaser complied with its obligations.
Intervenors intend to enforce their judgment lien against only the 20% of the sales proceeds
to which Defendants are entitled in the amount of $626,633.18, minus a $76,633.18 reimbursement
to the Albert Hill Trust, resulting in $550,000.00 being paid to the Intervenor from the sales
proceeds of the Bordeaux Property.
Accordingly, Plaintiff, the Receiver, and the Intervenors have agreed to the following
division of the sales proceeds of the Bordeaux Property:
Page 3
Sales Price: $3,200,000
Receiver’s Fee (2%): ($64,000)
Receiver’s Expenses:1 ($2,834.08)
Sales Proceeds Before Split: $3,133,165.92
Albert Hill Trust Defendants
Percentages: 80% 20%
Subtotals: $2,506,532.74 $626,633.18
Reimbursement to the AHT: $76,633.18 ($76,633.18)
Totals: $2,583,165.92 $550,000.00
Intervenors have released their judgment lien against the Bordeaux Property to allow the
sale of it to Downtown Inc. to close by having executed and recorded in the Official Public Records
of Dallas County, Texas a Release of Lien (attached hereto as Exhibit 1) releasing their judgment
lien with respect to the Bordeaux Property.
REQUEST FOR RELIEF
Receiver requests that the Court grants this motion and Order that:
(1) upon the execution of the Order granting this motion, and the General Warranty
Deed (attached hereto Exhibit 2), David Pickett (the Trustee of the Albert Hill
Trust) and Albert G. Hill, III and Erin Nance Hill shall thereby grant, sell, and
convey 100% of the Bordeaux Property in fee simple to Downtown Inc., together
with all and singular the rights and appurtenances thereto in any way belonging,
free and clean of all liens and encumbrances except permitted encumbrances in
accordance with the contract of sale for the Bordeaux Property among the parties,
in exchange for Downtown, Inc. paying $3,200,000 to purchase 100% of the
Bordeaux Property which amount shall be deposited into the Court’s Registry upon
the execution of this Order plus all closing costs by paying them to Alamo Title
Company.
(2) upon such payment, Downtown Inc. record (or instruct the Alamo Title Company
to record) the General Warranty Deed in the Official Public Records of Dallas
County, Texas.
(3) the Dallas County District Clerk accept into the Court’s Registry the sales price of
$3,200,000 by wire transfer from Downtown Inc.
(4) the Dallas County District Clerk make the following distributions by issuing checks
to the following parties in the following amounts from the amount deposited into
1
The Receiver incurred $2,834.08 in expenses for a survey, an appraisal, signs, brochures, and
photos associated with selling the Bordeaux Property.
Page 4
the Court’s Registry within 5 business days of the $3,200,000 being received into
the Court’s Registry by wire transfer:
Payee Amount
Kevin Buchanan $66,824.08
David Pickett, Trustee of the Albert Hill Trust $2,583,165.92
Wright & Close, LLP $550,000.00
The Receiver informs the Court that: Kevin Buchanan or Kassie Carrasco intends to obtain
the check to Kevin Buchanan from the Trust Department of the Dallas County District Clerk; Tom
M. Dees, III intends to obtain the check to David Pickett, Trustee of the Albert Hill Trust, from
the Trust Department of the Dallas County District Clerk; and Wright & Close, LLP intends for
the Trust Department of the Dallas County District Clerk to mail the check to Wright & Close,
LLP to Thomas C. Wright of Wright & Close, LLP located at One Riverway Drive, Suite 2200,
Houston, Texas 77056.
PRAYER
WHEREFORE, PREMISES CONSIDERED, the Receiver prays that the Court grants this
Motion and grants the relief requested above. The Receiver further prays that the Court grants
other and further relief, whether legal or equitable, to which he may be justly entitled.
Page 5
Respectfully submitted,
/s/ G. Kevin Buchanan
G. Kevin Buchanan
State Bar No. 00787161
courtfilings@kevinbuchananlaw.com
KEVIN BUCHANAN & ASSOCIATES, P.L.L.C.
2030 Main Street, Suite 700
Dallas, TX 75201
Telephone: (214) 378-9500
Facsimile: (214) 365-7220
COURT-APPOINTED RECEIVER
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing has been
served upon all counsel of record in accordance with the Texas Rules of Civil Procedure on January
19, 2017.
/s/ G. Kevin Buchanan
G. Kevin Buchanan
CERTIFICATE OF CONFERENCE
The undersigned certifies that he conferred with counsel for Plaintiff, who agree to the
relief sought herein. Further, the Receiver conferred with counsel for the Intervenors who also
agree the relief sought herein.
/s/ G. Kevin Buchanan
G. Kevin Buchanan
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Preview
FILED DALLAS COUNTY 1/19/2017 5:14:23 PM FELICIA PITRE DISTRICT CLERK CAUSE NO. DC-16-04654 DAVID PICKETT, TRUSTEE OF THE § IN THE ALBERT HILL TRUST, § § Plaintiff, § § v. § 162nd DISTRICT COURT § ALBERT G. HILL, III § and § ERIN NANCE HILL, § § Defendants. § DALLAS COUNTY, TEXAS RECEIVER’S AGREED MOTION TO DEPOSIT FUNDS INTO THE COURT’S REGISTRY, DISTRIBUTE SALES PROCEEDS, AND CONVEY CLEAR TITLE OF THE BORDEAUX PROPERTY TO DOWNTOWN INC. COMES NOW, Kevin Buchanan, the Court-Appointed Receiver (the “Receiver”), and files this Agreed Motion to Deposit Funds into the Court’s Registry, Distribute Sales Proceeds, and Convey Clear Title of the Bordeaux Property to Downtown Inc. REQUEST FOR JUDICIAL NOTICE The Receiver requests that the Court take judicial notice of the pleadings and documents on file with the Court, in particular the Motion for Default Judgment filed by David Pickett, Trustee of the Albert Hill Trust (the “Plaintiff”); the Default Judgment entered by the Court; the Plaintiff’s Motion to Determine Parties’ Interests in Property, That Property is Not Susceptible to Partition in Kind, Order of Sale, and Appointment of Receiver to Sell Property; the Order Granting Plaintiff’s Motion to Determine Parties’ Interests in Property, That Property is Not Susceptible to Partition in Kind, Order of Sale, and Appointment of Receiver to Sell Property; the Receiver’s Verified Motion to Approve the Sale of Real Property; and the Agreed Order on Receiver’s Verified Motion to Approve the Sale of Real Property. Page 1 FACTS Intervenors Campbell Harrison & Dagley, LLP and Calloway, Norris, Burdette & Weber, PLLC (collectively, the “Intervenors”) obtained a judgment against Defendants Albert G. Hill, III and Erin Nance Hill (collectively, the “Defendants”), and abstracted and recorded the judgment lien in the Official Public Records of Dallas County, Texas on or about October 15, 2015, as identified by County Clerk’s File No. 2015-00264981. On or about April 21, 2016, Plaintiff filed the above-styled lawsuit seeking the appointment of a receiver to sell real property known as the Bordeaux Property (defined below) by private sale and partition the sales proceeds. On or about August 10, 2016, Intervenors intervened into the lawsuit to assert their judgment lien against Defendants’ portion of the real property known as the Bordeaux Property. Defendants failed to answer and the Court entered a Default Judgment on or about August 12, 2016, making, inter alia, the following findings: (1) This lawsuit pertains to the request by Plaintiff for the Court to order a sale of property located at 4433 Bordeaux Avenue, Dallas, Texas 75205 (the “Bordeaux Property”) and partition the proceeds of the sale according to the parties’ respective interests in the Bordeaux Property. (2) The legal description of the Bordeaux Property is: Lot 11, Block 108 of Highland Park West Addition, Eight Installment, an addition to the City of Highland Park, Dallas County, Texas, according to the plat thereof recorded in Volume 5, Page 206, Map Records, Dallas County, Texas (3) The Dallas County Tax Office refers to the Bordeaux Property as: HIGHLAND PARK BLK 108 LT 11 VOL99223/0449 DD11121999 CO-DC 0845010801100 16908450108 Page 2 (4) Plaintiff is the owner of an undivided eighty percent (80%) interest in and to the Bordeaux Property and all items of personal property therein. Defendants are the owners of twenty percent (20%) of the Bordeaux Property. Defendant Erin Nance Hill is the wife of Defendant Albert G. Hill, III. Plaintiff acquired its interest in the Bordeaux Property by means of a General Warranty Deed, which is attached to Plaintiff’s First Amended Petition for Partition of Real Property as Exhibit A. On or about September 22, 2016, the Court entered an Order Granting Plaintiff’s Motion to Determine Parties’ Interests in Property, That Property is Not Susceptible to Partition in Kind, Order of Sale, and Appointment of Receiver to Sell Property, which is incorporated herein by reference, appointing Kevin Buchanan as the receiver (the Receiver) to sell the Bordeaux Property at a private sale, and ordering that the proceeds of the private sale of the Bordeaux Property shall be returned to the Court. On or about December 16, 2016, the Court entered an Agreed Order on the Receiver’s Verified Motion to Approve the Sale of the Bordeaux Property to Downtown Inc. for $3,200,000, which is incorporated herein by reference, and authorized and directed the Receiver to execute and deliver all documents that are reasonably necessary to effect the sale and conveyance and to deliver possession of the real property to the purchaser when the purchaser complied with its obligations. Intervenors intend to enforce their judgment lien against only the 20% of the sales proceeds to which Defendants are entitled in the amount of $626,633.18, minus a $76,633.18 reimbursement to the Albert Hill Trust, resulting in $550,000.00 being paid to the Intervenor from the sales proceeds of the Bordeaux Property. Accordingly, Plaintiff, the Receiver, and the Intervenors have agreed to the following division of the sales proceeds of the Bordeaux Property: Page 3 Sales Price: $3,200,000 Receiver’s Fee (2%): ($64,000) Receiver’s Expenses:1 ($2,834.08) Sales Proceeds Before Split: $3,133,165.92 Albert Hill Trust Defendants Percentages: 80% 20% Subtotals: $2,506,532.74 $626,633.18 Reimbursement to the AHT: $76,633.18 ($76,633.18) Totals: $2,583,165.92 $550,000.00 Intervenors have released their judgment lien against the Bordeaux Property to allow the sale of it to Downtown Inc. to close by having executed and recorded in the Official Public Records of Dallas County, Texas a Release of Lien (attached hereto as Exhibit 1) releasing their judgment lien with respect to the Bordeaux Property. REQUEST FOR RELIEF Receiver requests that the Court grants this motion and Order that: (1) upon the execution of the Order granting this motion, and the General Warranty Deed (attached hereto Exhibit 2), David Pickett (the Trustee of the Albert Hill Trust) and Albert G. Hill, III and Erin Nance Hill shall thereby grant, sell, and convey 100% of the Bordeaux Property in fee simple to Downtown Inc., together with all and singular the rights and appurtenances thereto in any way belonging, free and clean of all liens and encumbrances except permitted encumbrances in accordance with the contract of sale for the Bordeaux Property among the parties, in exchange for Downtown, Inc. paying $3,200,000 to purchase 100% of the Bordeaux Property which amount shall be deposited into the Court’s Registry upon the execution of this Order plus all closing costs by paying them to Alamo Title Company. (2) upon such payment, Downtown Inc. record (or instruct the Alamo Title Company to record) the General Warranty Deed in the Official Public Records of Dallas County, Texas. (3) the Dallas County District Clerk accept into the Court’s Registry the sales price of $3,200,000 by wire transfer from Downtown Inc. (4) the Dallas County District Clerk make the following distributions by issuing checks to the following parties in the following amounts from the amount deposited into 1 The Receiver incurred $2,834.08 in expenses for a survey, an appraisal, signs, brochures, and photos associated with selling the Bordeaux Property. Page 4 the Court’s Registry within 5 business days of the $3,200,000 being received into the Court’s Registry by wire transfer: Payee Amount Kevin Buchanan $66,824.08 David Pickett, Trustee of the Albert Hill Trust $2,583,165.92 Wright & Close, LLP $550,000.00 The Receiver informs the Court that: Kevin Buchanan or Kassie Carrasco intends to obtain the check to Kevin Buchanan from the Trust Department of the Dallas County District Clerk; Tom M. Dees, III intends to obtain the check to David Pickett, Trustee of the Albert Hill Trust, from the Trust Department of the Dallas County District Clerk; and Wright & Close, LLP intends for the Trust Department of the Dallas County District Clerk to mail the check to Wright & Close, LLP to Thomas C. Wright of Wright & Close, LLP located at One Riverway Drive, Suite 2200, Houston, Texas 77056. PRAYER WHEREFORE, PREMISES CONSIDERED, the Receiver prays that the Court grants this Motion and grants the relief requested above. The Receiver further prays that the Court grants other and further relief, whether legal or equitable, to which he may be justly entitled. Page 5 Respectfully submitted, /s/ G. Kevin Buchanan G. Kevin Buchanan State Bar No. 00787161 courtfilings@kevinbuchananlaw.com KEVIN BUCHANAN & ASSOCIATES, P.L.L.C. 2030 Main Street, Suite 700 Dallas, TX 75201 Telephone: (214) 378-9500 Facsimile: (214) 365-7220 COURT-APPOINTED RECEIVER CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing has been served upon all counsel of record in accordance with the Texas Rules of Civil Procedure on January 19, 2017. /s/ G. Kevin Buchanan G. Kevin Buchanan CERTIFICATE OF CONFERENCE The undersigned certifies that he conferred with counsel for Plaintiff, who agree to the relief sought herein. Further, the Receiver conferred with counsel for the Intervenors who also agree the relief sought herein. /s/ G. Kevin Buchanan G. Kevin Buchanan Page 6 1 2