Preview
NO. 18-DCV-258221
CITY OF ROSENBERG § IN THE 240TH DISTRICT COURT
VS. § IN AND FOR
KEVIN CHRIS LUDWIG § FORT BEND COUNTY, TEXAS
CITY OF ROSENBERG ’S_MOTION FOR EXCESS PROCEEDS
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COME(S), CITY OF ROSENBERG’S (hereinafter “Movant”), and would
respectfully show the Court as follows:
1
The property made the subject of this suit was sold at a Constable’s sale for delinquent taxes.
The property sold for more than the amount due in the judgment, and the excess proceeds in the
amount of $49,358.92 deposited in the registry of the court.
Il.
The 2022 taxes due and owing to Movant became due on the said property subsequent to
the date of judgment. The claim of a taxing unit for any taxes, penalties, or interest that become due
or delinquent on the subject property subsequent to the date of the judgment have priority over all
other claims for excess proceeds pursuant to Section 34.04(c)(1) of the Texas Property Tax Code.
The amount due as of August 2023, for the 2022 taxes is $553.33 for account number 8890-00-002-
0080-901.
In support of this claim, a Delinquent Tax Statement is attached hereto as Exhibit "A" and is
incorporated herein for all purposes.
WHEREFORE, CITY OF ROSENBERG prays that upon final hearing, an Order be
entered directing the Clerk of the Court to pay $553.33 for account number 8890-00-002-0080-901
to CITY OF ROSENERG within thirty (30) days from the date of this hearing and for such other and
further relief to which they may justly be entitled.
Respectfully submitted.
PERDUE, BRANDON, FIELDER, COLLINS &
MOTT, L.L.P
Attorneys at Law
1235 North Loop West
Suite 600
Houston, TX 77008
(713) 862-1860
FAX: (713) 862-1429
Eoall eterda PBECM-
Hide com
Yolanda M. Humphrey / Bar # 24009764
Justin Barlow / Bar # 24117221
Otilia R. Gonzales / Bar # 24010360
R. Gregory East / Bar # 24007138
Damion J. Millington/ Bar # 24111178
CERTIFICATE OF SERVICE
This instrument was served in accordance with Rule 21 and 21a of the Texas Rules of Civil
the 17th day of August
Procedure on this , 2023.
Yolanda M. Humphrey / Bar # 24009764
Justin Barlow / Bar # 24117221
Otilia R. Gonzales / Bar # 24010360
R. Gregory East / Bar # 24007138
Damion J. Millington/ Bar # 24111178
LINEBARGER, GOGGAN, BLAIR, & SAMPSON, L.L.P.
EMail: Linebargerfobc@|gbs.com
John Vong Attorney Ad Litem for KEVIN CHRIS LUDWIG
VONG LAW FIRM
DKey:892-180681-1/ Sent via E-Filing to:
vonglawfirm@vonglawfirm.com
CAUSE # 18-DCV-258221
CITY OF ROSENBERG VS. KEVIN CHRIS IN THE DISTRICT COURT OF
LUDWIG
FORT BEND COUNTY, TEXAS
240TH JUDICIAL DISTRICT COURT
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18-DCV-258221- EXCESS PROCEEDS
eat
Ke
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CARMEN P. TURNER, MPA, PCC, CTOP
FORT BEND COUNTY TAX ASSESSOR/ COLLECTOR,
1317 EUGENE HEIMANN CIRCLE
RICHMOND, TEXAS 77469-3623
(281) 341-3710
Mail To:
i Ce] Legal Lescription:
FINNA FAIL LP TOBOLA S/D, BLOCK 2, LOT 8
16210 PELICAN BEACH LN Fi
HOUSTON, TX 77044-1225
2022 Valu $191,090 Legal Acres: -0000
Account No: 8890-00-002-0080-901 Appr. Dist. N RI7851 Parcel Address: 1309 MILLIE ST
As of Date: 08/01/2023 Print Date: 07/27/2023 Printed By: PBHKDAVI
IF PAID BY IF PAID BY IF PAID BY
August 31, 2023 September 30, 2023 October 31, 2023
Remaining Penalty Penalty Penalty
Year | Tax Units Levy Interest Total Interest Total Interest Total
[2022 43 $387.49] $165.84] $553.33 $170.50] $557.99] $175.14 $562.63
TOTAL AMOUNT DUE: $387.49 $165.84 $553.33 $170.50 $557.99 $175.14 $562.63
Tax Unit Cod
43 CITY OF ROSENBERG
TO PAY BY CREDIT CARD VISIT WWW.FORTBENDCOUNTYTX.GOV/TAXOFFICE
CREDIT CARD PAYMENTS ARE CHARGED 2.09% CONVENIENCE FEE PER ACCOUNT BY GRANT STREET. NO FEE CHARGED FOR E-CHECK.
IF YOU ARE 65 YEARS OF AGE OR OLDER OR ARE DISABLED AND THE PROPERTY DESCRIBED IN THIS DOCUMENT IS YOUR RESIDENCE
HOMESTEAD, YOU SHOULD CONTACT THE APPRAISAL DISTRICT REGARDING ANY ENTITLEMENT YOU MAY HAVE TO A POSTPONEMENT IN THE
PAYMENT OF THESE TAXES.
tiny, STATE OF TEXAS
‘sewe at Fort Bend County
Ki,
“a Thereby certify that the attached exhibit is a true and correct copy of the entries in the tax records of
eAt my office. The penalty and interest were calculated according to the Texas Property Tax Code.
In testimony whereof, witness my hand and seal of office this 27 day of July, 2023.
aay mE
Ppenrsny ooct ‘
"tN i ss
A
y
dy
CARMEN P. TURNER, MPA, PCC, CTOP
7 ne AND CUSTODIAN OF THE TAX RECORDS FOR:
TAX ASSESSOR/ COL! LE:
FORT BEND COUNTY
By: Mh, Ll /
epg Page | of |
3.1.82
Exhibit A
NO. 18-DCV-258221
CITY OF ROSENBERG § IN THE 240TH DISTRICT COURT
VS. § IN AND FOR
KEVIN CHRIS LUDWIG § FORT BEND COUNTY, TEXAS
ORDER
CAME on to be heard the claim for Excess Proceeds deposited in the registry of the court of
CITY OF ROSENBERG and it appearing to the court that the same should be granted, it is:
ORDERED, ADJUDGED and DECREED by this Court that the Clerk of the Court shall pay,
out the proceeds deposited with the Court, the $553.33 for account number 8890-00-002-0080-901
to CITY OF ROSENERG within thirty (30) days of this Order. The check shall then be mailed to:
Yolanda M. Humphrey
Perdue, Brandon, Fielder, Collins & Mott, L.L.P.
1235 North Loop West, Suite 600
Houston, Texas 77008
Signed this the
JUDGE PRESIDING
Signed this the
ASSOCIATE JUDGE
Preview
NO. 18-DCV-258221 CITY OF ROSENBERG § IN THE 240TH DISTRICT COURT VS. § IN AND FOR KEVIN CHRIS LUDWIG § FORT BEND COUNTY, TEXAS CITY OF ROSENBERG ’S_MOTION FOR EXCESS PROCEEDS TO THE HONORABLE JUDGE OF SAID COURT: NOW COME(S), CITY OF ROSENBERG’S (hereinafter “Movant”), and would respectfully show the Court as follows: 1 The property made the subject of this suit was sold at a Constable’s sale for delinquent taxes. The property sold for more than the amount due in the judgment, and the excess proceeds in the amount of $49,358.92 deposited in the registry of the court. Il. The 2022 taxes due and owing to Movant became due on the said property subsequent to the date of judgment. The claim of a taxing unit for any taxes, penalties, or interest that become due or delinquent on the subject property subsequent to the date of the judgment have priority over all other claims for excess proceeds pursuant to Section 34.04(c)(1) of the Texas Property Tax Code. The amount due as of August 2023, for the 2022 taxes is $553.33 for account number 8890-00-002- 0080-901. In support of this claim, a Delinquent Tax Statement is attached hereto as Exhibit "A" and is incorporated herein for all purposes. WHEREFORE, CITY OF ROSENBERG prays that upon final hearing, an Order be entered directing the Clerk of the Court to pay $553.33 for account number 8890-00-002-0080-901 to CITY OF ROSENERG within thirty (30) days from the date of this hearing and for such other and further relief to which they may justly be entitled. Respectfully submitted. PERDUE, BRANDON, FIELDER, COLLINS & MOTT, L.L.P Attorneys at Law 1235 North Loop West Suite 600 Houston, TX 77008 (713) 862-1860 FAX: (713) 862-1429 Eoall eterda PBECM- Hide com Yolanda M. Humphrey / Bar # 24009764 Justin Barlow / Bar # 24117221 Otilia R. Gonzales / Bar # 24010360 R. Gregory East / Bar # 24007138 Damion J. Millington/ Bar # 24111178 CERTIFICATE OF SERVICE This instrument was served in accordance with Rule 21 and 21a of the Texas Rules of Civil the 17th day of August Procedure on this , 2023. Yolanda M. Humphrey / Bar # 24009764 Justin Barlow / Bar # 24117221 Otilia R. Gonzales / Bar # 24010360 R. Gregory East / Bar # 24007138 Damion J. Millington/ Bar # 24111178 LINEBARGER, GOGGAN, BLAIR, & SAMPSON, L.L.P. EMail: Linebargerfobc@|gbs.com John Vong Attorney Ad Litem for KEVIN CHRIS LUDWIG VONG LAW FIRM DKey:892-180681-1/ Sent via E-Filing to: vonglawfirm@vonglawfirm.com CAUSE # 18-DCV-258221 CITY OF ROSENBERG VS. KEVIN CHRIS IN THE DISTRICT COURT OF LUDWIG FORT BEND COUNTY, TEXAS 240TH JUDICIAL DISTRICT COURT oO Er, cs. "Cio eX 2 ve |, Halee Elliott, do,is hakes pea Wr 8 fe Bea amour anh .92 is the amount of excess proceeds si the salé in the above men CS ed ayes See nur that said funds are in the registry, of, he colt \ Wey ee Sige gS it pe op iWa a SAN 2 re tpt:“ ame yl \ FORT BEND COU MCGRE! Y, wank ERYDIST ICT c i ie y Ww Hh ry a H) NeyA MA By: ri Hie AKIN Dept District Clerk Halee Elliott Telephone: (281) 633-7626 SS WS a “gi ee a Ve We ree Of # N Sy Sa at Ne O \ Ze ? [Lt a ee o% OOF Atara “mS Va 3 te" aN, nanan 8& MOR D ‘ “Ren Job” matecoe 18-DCV-258221- EXCESS PROCEEDS eat Ke i dy x, re CARMEN P. TURNER, MPA, PCC, CTOP FORT BEND COUNTY TAX ASSESSOR/ COLLECTOR, 1317 EUGENE HEIMANN CIRCLE RICHMOND, TEXAS 77469-3623 (281) 341-3710 Mail To: i Ce] Legal Lescription: FINNA FAIL LP TOBOLA S/D, BLOCK 2, LOT 8 16210 PELICAN BEACH LN Fi HOUSTON, TX 77044-1225 2022 Valu $191,090 Legal Acres: -0000 Account No: 8890-00-002-0080-901 Appr. Dist. N RI7851 Parcel Address: 1309 MILLIE ST As of Date: 08/01/2023 Print Date: 07/27/2023 Printed By: PBHKDAVI IF PAID BY IF PAID BY IF PAID BY August 31, 2023 September 30, 2023 October 31, 2023 Remaining Penalty Penalty Penalty Year | Tax Units Levy Interest Total Interest Total Interest Total [2022 43 $387.49] $165.84] $553.33 $170.50] $557.99] $175.14 $562.63 TOTAL AMOUNT DUE: $387.49 $165.84 $553.33 $170.50 $557.99 $175.14 $562.63 Tax Unit Cod 43 CITY OF ROSENBERG TO PAY BY CREDIT CARD VISIT WWW.FORTBENDCOUNTYTX.GOV/TAXOFFICE CREDIT CARD PAYMENTS ARE CHARGED 2.09% CONVENIENCE FEE PER ACCOUNT BY GRANT STREET. NO FEE CHARGED FOR E-CHECK. IF YOU ARE 65 YEARS OF AGE OR OLDER OR ARE DISABLED AND THE PROPERTY DESCRIBED IN THIS DOCUMENT IS YOUR RESIDENCE HOMESTEAD, YOU SHOULD CONTACT THE APPRAISAL DISTRICT REGARDING ANY ENTITLEMENT YOU MAY HAVE TO A POSTPONEMENT IN THE PAYMENT OF THESE TAXES. tiny, STATE OF TEXAS ‘sewe at Fort Bend County Ki, “a Thereby certify that the attached exhibit is a true and correct copy of the entries in the tax records of eAt my office. The penalty and interest were calculated according to the Texas Property Tax Code. In testimony whereof, witness my hand and seal of office this 27 day of July, 2023. aay mE Ppenrsny ooct ‘ "tN i ss A y dy CARMEN P. TURNER, MPA, PCC, CTOP 7 ne AND CUSTODIAN OF THE TAX RECORDS FOR: TAX ASSESSOR/ COL! LE: FORT BEND COUNTY By: Mh, Ll / epg Page | of | 3.1.82 Exhibit A NO. 18-DCV-258221 CITY OF ROSENBERG § IN THE 240TH DISTRICT COURT VS. § IN AND FOR KEVIN CHRIS LUDWIG § FORT BEND COUNTY, TEXAS ORDER CAME on to be heard the claim for Excess Proceeds deposited in the registry of the court of CITY OF ROSENBERG and it appearing to the court that the same should be granted, it is: ORDERED, ADJUDGED and DECREED by this Court that the Clerk of the Court shall pay, out the proceeds deposited with the Court, the $553.33 for account number 8890-00-002-0080-901 to CITY OF ROSENERG within thirty (30) days of this Order. The check shall then be mailed to: Yolanda M. Humphrey Perdue, Brandon, Fielder, Collins & Mott, L.L.P. 1235 North Loop West, Suite 600 Houston, Texas 77008 Signed this the JUDGE PRESIDING Signed this the ASSOCIATE JUDGE