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21 — TX — 0399
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of Coun
Correspondence from Clerk
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John D. Kinard
DISTRICT CLERK
GALVESTON COUNTY, TEXAS BETRICTC
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GA WES TON Cflfifiiligfiif'EXAS
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April 25, 2022
Mark J Kelly
5 1 8 9th Ave N
Texas City TX 77590
Certified Mail Receipt Number 9414 7266 9904 2177 7039 87
Re: Case Numb?rgT-Txfmw ?flBd in the 56th District Court of Galveston County, Texas
Case Style: Galvestdn‘CUU‘fityjé‘t a] vs. Mark Wheeler
This notice is to inform youhave been deposited with the Clerk of the District Courts of Galveston County, Texas,
that excess proceeds
in the amount of $3,301.37 on the 22nd day of April, 2022 in the above styled cause.
You are further advised to review the following text of Section 34.03 and 34.04, Tax Code regarding your right to claim these proceeds.
Sec. 34.03, Tax Code - Disposition of Excess Proceeds
(a) The clerk of the court shall:
(1) if the amount of excess proceeds is more than $25, before the 3 15‘
day after the date the excess proceeds are received by
the clerk, sénd by certified mail, return receipt requested, a written notice to the former owner of the property, at the
former owner’s last known address according to the records of the court or any other reasonably available to the court,
that:
(A) states the amount of the excess proceeds;
(B) informs the former owner ofthat owner’s rights to claim the "excess proceeds under Section 34.04; and
(C) includes a copy or the complete text of this section and Section 34.04; and
(2) regardless of the amount, keep the excess proceeds paid into the court as provided by Section 34.02 (d) for a period of two
years after the date of the sale unless otherwise ordered by the court.
(b) If no claimant e’stablishes entitlement to the proceeds within the period provided by Subsection (a), the clerk shall distribute
the excess proceeds to each taxing unit participating in the sale in an amount to the proportion its taxes, penalties, and interests
bear to the total amount of taxes, penalties, and interest due all participants in the sale.
Sec. 34.04, Tax Code — Claims for Excess Proceeds
(a) A person, including a taxing unit, may file a petition in the court that ordered the seizure or sale setting forth a claim to the excess
proceeds. The petition must be filed before the second anniversary of the date of the sale of the property. The petition is not required to
be filed as an original suit separate from the underlying suit for seizure of the property or foreclosure of a tax lien on the property but
may be filed under the cause number of the underlying suit.
(b) A copy of the petition shall be served, in the manner prescribed by Rule 21a, Texas Rules 0f Civil Procedure, as amended, or that
rule's successor, on all parties to the underlying action not later than the 20th day before the date set for a hearing on the petition.
(c) At the hearing the court shall order that the proceeds be paid according to the following priorities to each party that establishes its
I
claim to the proceeds:
(1) to the tax sale purchaser if the tax sale has been adjudged to be void and the purchaser has prevailed in an action against
the taxing units-under Section 34.07(d) by final judgment;
600 59‘” Street, Room 4001, Galveston County Justice Center, Galveston, Texas 77551-2388
Phone (409) 766-2424 Fax (409) 766-2292
(2) to a taxing unit for any taxes, penalties, or interest that have become due or delinquent on the subject property subsequent
to the date of the judgment or that were omitted from the judgment by accident or mistake;
(3) to any other lien holder, consensual or otherwise, for the amount due under a lien, in accordance with the priorities
established by applicable law;
(4) to a taxing unit for any unpaid taxes, penalties, interest, or other amounts adjudged due under the judgment that were not
satisfied from the proceeds from the tax sale; and
(5) to each former owner of the property, as the interest of each may appear.
(A) was a defendant in the judgment;
(B) is related within the third degree by consanguinity 0r affinity to a former owner that was a defendant in the judgment; or
(C) acquired by will or intestate succession the interest in the property of a former owner that was a defendant in the judgment.
(c-l) Except as provided by Subsections (c)(5)(B) and (C), a former owner of the property that acquired an interest in the property
after the date of the judgment may not establish a claim to the proceeds. For purposes of this subsection, a former owner of the
property is considered to have acquired an interest in the property after the date of the judgment if the deed by which the former owner
acquired the interest waé recorded in the real property records of the county in which the property is located afler the date of the
judgment. ~
(d) Interest or costs may not be allowed under this section.
(e) an order under this section directing that all or part of the excess proceeds be paid to a party is appealable.
(t) A person may not take an assignment or other transfer of an owner's claim to excess proceeds unless:
(1) the assignment or transfer is taken on or after the 36th day after the date the excess proceeds are deposited in the registry of
. the court;
(2) the assignment or transfer is in writing and signed by the assignor or transferor;
(3) the assignment or transfer is not the result of an in-person or telephone solicitation;
(4) the assignee or transferee pays the assignor or transferor on the date of the assignment or transfer an amount equal to at
least 80 percent of the amount of the assignor‘s or transferor's claim to the excess proceeds; and
(5) the assignment or transfer document contains a sworn statement by the assignor or transferor affirming;
(A) that the assignment or transfer was given voluntarily;
(B) the date on which the assigmnent or transfer was made and that the date was not earlier than the 36th day afier the date
the excess proceeds were deposited in the registry of the court;
(C) that the assignor or transferor has received the notice from the clerk required by Section 34.03;
(D) the nature and specific amount of consideration given for the assignment or transfer;
(E) the circumstances under which the excess proceeds are in the registry of the court;
(F) the amount of the claim to excess proceeds in the registry of the court;
(G) that the assignor or transferor has made no other assignments or transfers of the assignor‘s or transferor‘s claim to the
excess proceeds;
(H) that the assignor or transferor knows that the assignor or transferor may retain counsel; and
(I) that the consideration was paid in full on the date of the assignment or transfer and that the consideration paid was an
amount equal to at least 80 percent of the amount of the assignor's or transferor's claim to the excess proceeds.
600 59’” Street, Room 4001, Galveston County Justice Center, Galveston, Texas 77551-2388
Phone (409) 766-2424 Fax (409) 766-2292
g
(g) An assignee or transferee who obtains excess proceeds without complying with Subsection (f) is liable to the assignor or
transferor for the amount of excess proceeds obtained plus attorney's fees and expenses. An assignee or transferee who attempts to
obtain excess proceeds without complying with Subsection (f) is liable to the assignor or transferor for attorney's fees and expenses.
(h) An assignee or transferee who files a petition setting forth a claim to excess proceeds must attach a copy of the assignment or
transfer document and produce the original of the assignment or transfer document in court at the hearing on the petition. Ifthe
original assignment or transfer document is lost, the assignee or transferee must obtain the presence of the assignor or transferor to
testify at the hearing. In addition, the assignee or transferee must produce at the hearing the original of any evidence verifying the
payment of the consideration given for the assignment or transfer. If the original of any evidence of the payment is lost or if the
payment was in cash, the assignee or transferee must obtain the presence of the assignor or transferor to testify at the hearing.
(i) A fee charged by an attorney to obtain excess proceeds for an owner may not be greater than 25 percent of the amount obtained or
$1,000, whichever is less. A person who is not an attorney may not charge a fee to obtain excess proceeds for an owner.
(i) The amount of the excess proceeds the court may order be paid to an assignee or transferee may not exceed 125 percent of the
amount the assignee or transferee paid the assignor or transferor on the date of the assignment or transfer.
This office cannot provide you forms 0r legal advice to claim the excess proceeds.
CERTIFICATE OF SERVICE
I, John D. Kinard, District Clerk, Galveston County, Texas hereby certify that a true and correct copy of the foregoing
Notice of Excess Funds Was sent by certified mail to the person named above on the 25th day of April, 2022 by Certified Mail.
John D. Kinard
DISTRICT CLERK
GALVESTON COUNTY, TEXAS
By: Steven Christensen, Deputy Clerk
600 59F” Street, Room 4001, Galveston County Justice Center, Galveston, Texas 77551-2388
Phone (409) 766-2424 Fax (409) 766-2292
Preview
.fi/ 21 — TX — 0399 DCCOFcc of Coun Correspondence from Clerk fifiimnmm“\“mmm\m John D. Kinard DISTRICT CLERK GALVESTON COUNTY, TEXAS BETRICTC '_ GA WES TON Cflfifiiligfiif'EXAS I fi April 25, 2022 Mark J Kelly 5 1 8 9th Ave N Texas City TX 77590 Certified Mail Receipt Number 9414 7266 9904 2177 7039 87 Re: Case Numb?rgT-Txfmw ?flBd in the 56th District Court of Galveston County, Texas Case Style: Galvestdn‘CUU‘fityjé‘t a] vs. Mark Wheeler This notice is to inform youhave been deposited with the Clerk of the District Courts of Galveston County, Texas, that excess proceeds in the amount of $3,301.37 on the 22nd day of April, 2022 in the above styled cause. You are further advised to review the following text of Section 34.03 and 34.04, Tax Code regarding your right to claim these proceeds. Sec. 34.03, Tax Code - Disposition of Excess Proceeds (a) The clerk of the court shall: (1) if the amount of excess proceeds is more than $25, before the 3 15‘ day after the date the excess proceeds are received by the clerk, sénd by certified mail, return receipt requested, a written notice to the former owner of the property, at the former owner’s last known address according to the records of the court or any other reasonably available to the court, that: (A) states the amount of the excess proceeds; (B) informs the former owner ofthat owner’s rights to claim the "excess proceeds under Section 34.04; and (C) includes a copy or the complete text of this section and Section 34.04; and (2) regardless of the amount, keep the excess proceeds paid into the court as provided by Section 34.02 (d) for a period of two years after the date of the sale unless otherwise ordered by the court. (b) If no claimant e’stablishes entitlement to the proceeds within the period provided by Subsection (a), the clerk shall distribute the excess proceeds to each taxing unit participating in the sale in an amount to the proportion its taxes, penalties, and interests bear to the total amount of taxes, penalties, and interest due all participants in the sale. Sec. 34.04, Tax Code — Claims for Excess Proceeds (a) A person, including a taxing unit, may file a petition in the court that ordered the seizure or sale setting forth a claim to the excess proceeds. The petition must be filed before the second anniversary of the date of the sale of the property. The petition is not required to be filed as an original suit separate from the underlying suit for seizure of the property or foreclosure of a tax lien on the property but may be filed under the cause number of the underlying suit. (b) A copy of the petition shall be served, in the manner prescribed by Rule 21a, Texas Rules 0f Civil Procedure, as amended, or that rule's successor, on all parties to the underlying action not later than the 20th day before the date set for a hearing on the petition. (c) At the hearing the court shall order that the proceeds be paid according to the following priorities to each party that establishes its I claim to the proceeds: (1) to the tax sale purchaser if the tax sale has been adjudged to be void and the purchaser has prevailed in an action against the taxing units-under Section 34.07(d) by final judgment; 600 59‘” Street, Room 4001, Galveston County Justice Center, Galveston, Texas 77551-2388 Phone (409) 766-2424 Fax (409) 766-2292 (2) to a taxing unit for any taxes, penalties, or interest that have become due or delinquent on the subject property subsequent to the date of the judgment or that were omitted from the judgment by accident or mistake; (3) to any other lien holder, consensual or otherwise, for the amount due under a lien, in accordance with the priorities established by applicable law; (4) to a taxing unit for any unpaid taxes, penalties, interest, or other amounts adjudged due under the judgment that were not satisfied from the proceeds from the tax sale; and (5) to each former owner of the property, as the interest of each may appear. (A) was a defendant in the judgment; (B) is related within the third degree by consanguinity 0r affinity to a former owner that was a defendant in the judgment; or (C) acquired by will or intestate succession the interest in the property of a former owner that was a defendant in the judgment. (c-l) Except as provided by Subsections (c)(5)(B) and (C), a former owner of the property that acquired an interest in the property after the date of the judgment may not establish a claim to the proceeds. For purposes of this subsection, a former owner of the property is considered to have acquired an interest in the property after the date of the judgment if the deed by which the former owner acquired the interest waé recorded in the real property records of the county in which the property is located afler the date of the judgment. ~ (d) Interest or costs may not be allowed under this section. (e) an order under this section directing that all or part of the excess proceeds be paid to a party is appealable. (t) A person may not take an assignment or other transfer of an owner's claim to excess proceeds unless: (1) the assignment or transfer is taken on or after the 36th day after the date the excess proceeds are deposited in the registry of . the court; (2) the assignment or transfer is in writing and signed by the assignor or transferor; (3) the assignment or transfer is not the result of an in-person or telephone solicitation; (4) the assignee or transferee pays the assignor or transferor on the date of the assignment or transfer an amount equal to at least 80 percent of the amount of the assignor‘s or transferor's claim to the excess proceeds; and (5) the assignment or transfer document contains a sworn statement by the assignor or transferor affirming; (A) that the assignment or transfer was given voluntarily; (B) the date on which the assigmnent or transfer was made and that the date was not earlier than the 36th day afier the date the excess proceeds were deposited in the registry of the court; (C) that the assignor or transferor has received the notice from the clerk required by Section 34.03; (D) the nature and specific amount of consideration given for the assignment or transfer; (E) the circumstances under which the excess proceeds are in the registry of the court; (F) the amount of the claim to excess proceeds in the registry of the court; (G) that the assignor or transferor has made no other assignments or transfers of the assignor‘s or transferor‘s claim to the excess proceeds; (H) that the assignor or transferor knows that the assignor or transferor may retain counsel; and (I) that the consideration was paid in full on the date of the assignment or transfer and that the consideration paid was an amount equal to at least 80 percent of the amount of the assignor's or transferor's claim to the excess proceeds. 600 59’” Street, Room 4001, Galveston County Justice Center, Galveston, Texas 77551-2388 Phone (409) 766-2424 Fax (409) 766-2292 g (g) An assignee or transferee who obtains excess proceeds without complying with Subsection (f) is liable to the assignor or transferor for the amount of excess proceeds obtained plus attorney's fees and expenses. An assignee or transferee who attempts to obtain excess proceeds without complying with Subsection (f) is liable to the assignor or transferor for attorney's fees and expenses. (h) An assignee or transferee who files a petition setting forth a claim to excess proceeds must attach a copy of the assignment or transfer document and produce the original of the assignment or transfer document in court at the hearing on the petition. Ifthe original assignment or transfer document is lost, the assignee or transferee must obtain the presence of the assignor or transferor to testify at the hearing. In addition, the assignee or transferee must produce at the hearing the original of any evidence verifying the payment of the consideration given for the assignment or transfer. If the original of any evidence of the payment is lost or if the payment was in cash, the assignee or transferee must obtain the presence of the assignor or transferor to testify at the hearing. (i) A fee charged by an attorney to obtain excess proceeds for an owner may not be greater than 25 percent of the amount obtained or $1,000, whichever is less. A person who is not an attorney may not charge a fee to obtain excess proceeds for an owner. (i) The amount of the excess proceeds the court may order be paid to an assignee or transferee may not exceed 125 percent of the amount the assignee or transferee paid the assignor or transferor on the date of the assignment or transfer. This office cannot provide you forms 0r legal advice to claim the excess proceeds. CERTIFICATE OF SERVICE I, John D. Kinard, District Clerk, Galveston County, Texas hereby certify that a true and correct copy of the foregoing Notice of Excess Funds Was sent by certified mail to the person named above on the 25th day of April, 2022 by Certified Mail. John D. Kinard DISTRICT CLERK GALVESTON COUNTY, TEXAS By: Steven Christensen, Deputy Clerk 600 59F” Street, Room 4001, Galveston County Justice Center, Galveston, Texas 77551-2388 Phone (409) 766-2424 Fax (409) 766-2292