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SUIT NO. 21-TX-0336
GALVESTON COUNTY, ET AL § IN THE DISTRICT COURT
§
W
VS. § 56TH JUDICIAL DISTRICT
§
AMERIWAY MORTGAGE §
CORPORATION GALVESTON COUNTY, TEXAS
BE IT REMEMBERED that on this day came on to be heard in regular order the above
numbered and GALVESTON COUNTY, CITY OF LA MARQUE, TEXAS
entitled cause wherein
CITY INDEPENDENT SCHOOL DISTRICT, COLLEGE 0F THE MAINLAND AND
GALVESTON COUNTY DRAINAGE DISTRICT # 02, are the Plaintiffs;
IV
Ameriway Mortgage Corporation,
and wherein the Defendant is any or all of
if living, and if
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 0f the following described property; and the
executors, administrators, guardians, legal representatives, devisees of the above named persons, and
an’y and all othel persons including adverse claimants, owning or having any legal or equitable interest
in 0r lien upon the below descnibed property, who was duly served as required by law by means of
citation by posting;
and the Court having appointed James S. Tittle, a licensed attorney, as attorney to represent all
of the Defendant(s) named above who were served with process by means of citation by posting, and
said attorney ad litem having answered on behalf of all such Defendant(s) who were cited by posting,
this cause came on for trial;
and Plaintiffs having moved the Court to dismiss from this suit any parties not named above, it
was so ordered; and to those Defendant(s) named above who were served with process but failed to
appear and answer and made default, and a jury being waived, the parties submitted all matters of
controversy, both 0f fact and of law, to the Court without the intervention of a jury, and the tax records
of were introduced in evidence, and evidence was submitted as t0 the value of the described
Plaintiffs
property; and the Court, having heard the pleadings, the evidence, and argument of counsel, is of the
opinion and finds that the law and the facts are with the Plaintiffs and who are entitled to judgment as
follows:
IT IS THEREFORE ORDERED, ADJUDGED, and DECREED that there is due, owing, and
unpaid to. amounts of delinquent taxes, accrued penalties, interest, attorney fees
Plaintiffs the following
and costs for all delinquent years upon the following described property as set out below, together with
additional penalties and interest at the rates prescribed by Subchapters A and C of Chapter 33, Property
Tax Code, which accrue hereafter on all of said taxes from date ofjudgment until paid.
PROPERTY AND AMOUNTS OWED ‘
ACCT NO. 000200140000000 (131616) A tract 0r parcel 0f land being part of the J. H. Theiler 60. 0
'2’
acre tract in the S. F. Austin League N0. 4 and being more particularly described by metes and
f \
g
21—TX-0336 .
l
DCJUSTM
,
Judgment - Tax — Signed by Tax Master
suit No. 2 ll'rX-o336 — JUDGMENT i
'mmmumlmm m
l ll ll
bounds as "Tract II" in "Exhibit A" in File No. 8830502 in the Office of the Clerk of Galveston
County, Texas.
Adjudged Value: $6,970.00 «f
GALVESTON COUNTY
Total Due (for years 2001-2020) $4,698.21 /
TEXAS CITY INDEPENDENT SCHOOL DISTRICT
Total Due (for years 2001-2020)
-
$4,953.68 '—
IT IS FURTHER ORDERED, ADJUDGED, and DECREED:
That Plaintiffs also recover(s) judgment for all costs of suit and sale now 0r hereafter incurred,
including abstractor‘s fees incurred in securing data and information as to the name, identity, and location
of necessary parties and ofthe above described property in the total amount 0f $250.00
legal description
provided, however, that no personal money judgment is granted against any Defendant named herein
unless otherwise provided below. The proceeds of any foreclosure sale in this cause shall be applied
first to the payment of all accrued costs of suit and sale, and any residue shall be distributed as provided
’
by law.
GALVESTON COUNTY, CITY OF LA MARQUE, TEXAS CITY INDEPENDENT
That
SCHOOL DISTRICT, COLLEGE OF THE MAINLAND and GALVESTON COUNTY DRAINAGE
DISTRICT # 02 recover of and from the following named Defendant(s), if any, a personal money.
judgment in the amount of taxes, penalties, interest, attorneys fees, and costs shown above: Ameriway
Mortgage Corporation;
That a lien exists against each 0f the lots, tracts, or parcels of land, for the amount of the taxes,
interest, penalties, abstractor’s fees and costs of court found to be due-on each particular lot, tract, or
parcel of land,which lien is prior and superior to all claims, right, title, interest, or liens asserted by any
Defendant(s), and that Plaintiffs have foreclosure of their liens on each of the lots, tracts, or parcels of
land as against the Defendant(s) 0r any person claiming under the Defendant(s) by any right acquired
during the pendency of this suit;
That, upon the request of any Plaintiff or Intervening taxing unit, an order of sale be issued by
the Clerk directed to the Constable or any Sheriff ofthis County, commanding such officer to seize, levy
upon, and advertise the sale of each of the tracts of land, and sell them to the highest bidder for cash, all
to be done as under execution except as otherwise provided by Subchapter A of Chapter 34, TEX. TAX
CODE, such order to have all the force and effect of a writ of possession as between the parties to this
suit and any person claiming under the defendant(s) by any right acquired pending this suit;
That such order 0f sale provide that the property may be sold to a taxing unit that is a party to
this suit 0r to any other person, other than a person owning an interest in the property or any party to this
suit that is not a taxing unit, for (1) the adjudged value of the property as set by this Court in the amount
shown above, or (2) the aggregate amount of the judgments against the property, whichever is less;
That such order of sale also specify that the property may not be sold t0 a person owning an
interest in the property or t0 a person who is a party to the suit other than a taxing unit unless: (1) that
Suit No. 2l-TX-0336 - JUDGMENT
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person is the highest bidder at the tax sale, and (2) the amount bid by that person is equal to or greater
than the aggregate amount of thejudgments against the property, including all costs of suit and sale;
That the net proceeds of any sale 0f such property made hereunder to any purchaser other than a
taxing unit who is a pany to this suit shall be applied to satisfy the judgment and liens foreclosed herein,
but any excess in the proceeds of sale over the amount ofjudgment, the costs of suit and sale and other
expenses chargeable against the property, shall be paid into the registry of the court and disbursed
therefrom as provided by law;
That the owner of such property, 0r anyone having an interest therein, or their heirs, assigns, or
legal representatives, may redeem such property in the time and manner prescribed by law;
That the officer executing the order 0f sale shall make proper conveyance to the purchaser(s) of
the land, as prescribed by law, subject to such right of redemption, that the clerk 0f this Court issue a
Writ of Possession to the purchaser at the sale or t0 the purchaser’s assigns no sooner than 20 days
following the date on which the purchaser’s deed from the officer making the sale is filed of record; and
that the officer charged with executing the writ shall place the purchaser or the purchaser’s assigns in
possession of the property without further order from any court and in the manner provided by the writ,
subject to any notice t0 vacate that may be required to be given to a tenant under Section 24.005(b),
Property Code.
That James S. Tittle, appointed to act as Attorney Ad
Litem for Defendant(s) cited by posting,
filed his report describing the actions he took to locate and represent the interests of the defendant(s).
The Court determined that the actions taken Ad
Litem as described in the report were
by the Attorney
sufficient t0 discharge the attorney’s duties to the defendant(s). The Attorney Ad Litem is hereby allowed
the sum of $700.00 as attorney’s fees, such sum to be taxed as court costs herein, t0 be paid by
Defendant(s).
judgment is
RECOMMENDED onthe [Kg day MM
All relief prayed for in any of the pleadings in this cause
hereby denied. Thisjudgment finally disposes of all parties and
which is
2021.
not specifically granted by this
all claims and is appealable.
.
omas W. McQuage
Tax Master for the District Courts
0f Galveston County, Texas
SIGNED on the day 0f ,
2021.
Judge Presiding
Suit N0. 21-TX-0336 - JUDGMENT
Approved:
W AV
WrigEyCiaVaglia
State Bar No. 007 87241
mark.ciavaglia@lgbs.com
Emily K. Watkins
State Bar No. 24052164
emily.watki‘ns@lgbs.com
Attorney for Plaintiffs
/ 4086528
Atto . .e .or Defendant(s) named above who
served by means of citation by posting.
Suit No. 2 l—TX-0336 - JUDGMENT
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‘1 SUIT NO. 21-TX-0336 GALVESTON COUNTY, ET AL § IN THE DISTRICT COURT § W VS. § 56TH JUDICIAL DISTRICT § AMERIWAY MORTGAGE § CORPORATION GALVESTON COUNTY, TEXAS BE IT REMEMBERED that on this day came on to be heard in regular order the above numbered and GALVESTON COUNTY, CITY OF LA MARQUE, TEXAS entitled cause wherein CITY INDEPENDENT SCHOOL DISTRICT, COLLEGE 0F THE MAINLAND AND GALVESTON COUNTY DRAINAGE DISTRICT # 02, are the Plaintiffs; IV Ameriway Mortgage Corporation, and wherein the Defendant is any or all of if living, and if 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 0f the following described property; and the executors, administrators, guardians, legal representatives, devisees of the above named persons, and an’y and all othel persons including adverse claimants, owning or having any legal or equitable interest in 0r lien upon the below descnibed property, who was duly served as required by law by means of citation by posting; and the Court having appointed James S. Tittle, a licensed attorney, as attorney to represent all of the Defendant(s) named above who were served with process by means of citation by posting, and said attorney ad litem having answered on behalf of all such Defendant(s) who were cited by posting, this cause came on for trial; and Plaintiffs having moved the Court to dismiss from this suit any parties not named above, it was so ordered; and to those Defendant(s) named above who were served with process but failed to appear and answer and made default, and a jury being waived, the parties submitted all matters of controversy, both 0f fact and of law, to the Court without the intervention of a jury, and the tax records of were introduced in evidence, and evidence was submitted as t0 the value of the described Plaintiffs property; and the Court, having heard the pleadings, the evidence, and argument of counsel, is of the opinion and finds that the law and the facts are with the Plaintiffs and who are entitled to judgment as follows: IT IS THEREFORE ORDERED, ADJUDGED, and DECREED that there is due, owing, and unpaid to. amounts of delinquent taxes, accrued penalties, interest, attorney fees Plaintiffs the following and costs for all delinquent years upon the following described property as set out below, together with additional penalties and interest at the rates prescribed by Subchapters A and C of Chapter 33, Property Tax Code, which accrue hereafter on all of said taxes from date ofjudgment until paid. PROPERTY AND AMOUNTS OWED ‘ ACCT NO. 000200140000000 (131616) A tract 0r parcel 0f land being part of the J. H. Theiler 60. 0 '2’ acre tract in the S. F. Austin League N0. 4 and being more particularly described by metes and f \ g 21—TX-0336 . l DCJUSTM , Judgment - Tax — Signed by Tax Master suit No. 2 ll'rX-o336 — JUDGMENT i 'mmmumlmm m l ll ll bounds as "Tract II" in "Exhibit A" in File No. 8830502 in the Office of the Clerk of Galveston County, Texas. Adjudged Value: $6,970.00 «f GALVESTON COUNTY Total Due (for years 2001-2020) $4,698.21 / TEXAS CITY INDEPENDENT SCHOOL DISTRICT Total Due (for years 2001-2020) - $4,953.68 '— IT IS FURTHER ORDERED, ADJUDGED, and DECREED: That Plaintiffs also recover(s) judgment for all costs of suit and sale now 0r hereafter incurred, including abstractor‘s fees incurred in securing data and information as to the name, identity, and location of necessary parties and ofthe above described property in the total amount 0f $250.00 legal description provided, however, that no personal money judgment is granted against any Defendant named herein unless otherwise provided below. The proceeds of any foreclosure sale in this cause shall be applied first to the payment of all accrued costs of suit and sale, and any residue shall be distributed as provided ’ by law. GALVESTON COUNTY, CITY OF LA MARQUE, TEXAS CITY INDEPENDENT That SCHOOL DISTRICT, COLLEGE OF THE MAINLAND and GALVESTON COUNTY DRAINAGE DISTRICT # 02 recover of and from the following named Defendant(s), if any, a personal money. judgment in the amount of taxes, penalties, interest, attorneys fees, and costs shown above: Ameriway Mortgage Corporation; That a lien exists against each 0f the lots, tracts, or parcels of land, for the amount of the taxes, interest, penalties, abstractor’s fees and costs of court found to be due-on each particular lot, tract, or parcel of land,which lien is prior and superior to all claims, right, title, interest, or liens asserted by any Defendant(s), and that Plaintiffs have foreclosure of their liens on each of the lots, tracts, or parcels of land as against the Defendant(s) 0r any person claiming under the Defendant(s) by any right acquired during the pendency of this suit; That, upon the request of any Plaintiff or Intervening taxing unit, an order of sale be issued by the Clerk directed to the Constable or any Sheriff ofthis County, commanding such officer to seize, levy upon, and advertise the sale of each of the tracts of land, and sell them to the highest bidder for cash, all to be done as under execution except as otherwise provided by Subchapter A of Chapter 34, TEX. TAX CODE, such order to have all the force and effect of a writ of possession as between the parties to this suit and any person claiming under the defendant(s) by any right acquired pending this suit; That such order 0f sale provide that the property may be sold to a taxing unit that is a party to this suit 0r to any other person, other than a person owning an interest in the property or any party to this suit that is not a taxing unit, for (1) the adjudged value of the property as set by this Court in the amount shown above, or (2) the aggregate amount of the judgments against the property, whichever is less; That such order of sale also specify that the property may not be sold t0 a person owning an interest in the property or t0 a person who is a party to the suit other than a taxing unit unless: (1) that Suit No. 2l-TX-0336 - JUDGMENT —-) person is the highest bidder at the tax sale, and (2) the amount bid by that person is equal to or greater than the aggregate amount of thejudgments against the property, including all costs of suit and sale; That the net proceeds of any sale 0f such property made hereunder to any purchaser other than a taxing unit who is a pany to this suit shall be applied to satisfy the judgment and liens foreclosed herein, but any excess in the proceeds of sale over the amount ofjudgment, the costs of suit and sale and other expenses chargeable against the property, shall be paid into the registry of the court and disbursed therefrom as provided by law; That the owner of such property, 0r anyone having an interest therein, or their heirs, assigns, or legal representatives, may redeem such property in the time and manner prescribed by law; That the officer executing the order 0f sale shall make proper conveyance to the purchaser(s) of the land, as prescribed by law, subject to such right of redemption, that the clerk 0f this Court issue a Writ of Possession to the purchaser at the sale or t0 the purchaser’s assigns no sooner than 20 days following the date on which the purchaser’s deed from the officer making the sale is filed of record; and that the officer charged with executing the writ shall place the purchaser or the purchaser’s assigns in possession of the property without further order from any court and in the manner provided by the writ, subject to any notice t0 vacate that may be required to be given to a tenant under Section 24.005(b), Property Code. That James S. Tittle, appointed to act as Attorney Ad Litem for Defendant(s) cited by posting, filed his report describing the actions he took to locate and represent the interests of the defendant(s). The Court determined that the actions taken Ad Litem as described in the report were by the Attorney sufficient t0 discharge the attorney’s duties to the defendant(s). The Attorney Ad Litem is hereby allowed the sum of $700.00 as attorney’s fees, such sum to be taxed as court costs herein, t0 be paid by Defendant(s). judgment is RECOMMENDED onthe [Kg day MM All relief prayed for in any of the pleadings in this cause hereby denied. Thisjudgment finally disposes of all parties and which is 2021. not specifically granted by this all claims and is appealable. . omas W. McQuage Tax Master for the District Courts 0f Galveston County, Texas SIGNED on the day 0f , 2021. Judge Presiding Suit N0. 21-TX-0336 - JUDGMENT Approved: W AV WrigEyCiaVaglia State Bar No. 007 87241 mark.ciavaglia@lgbs.com Emily K. Watkins State Bar No. 24052164 emily.watki‘ns@lgbs.com Attorney for Plaintiffs / 4086528 Atto . .e .or Defendant(s) named above who served by means of citation by posting. Suit No. 2 l—TX-0336 - JUDGMENT