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SUIT N0. 21-Tx-0003 '
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2:121:02? 12 PHI? 38
GALVESTON COUNTY, ET AL IN THE DISTRICT COURT
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MARK ANDREW MILLER, ET AL GALVESTON COUNTY, TEXAS
BE IT REMEMBERED that on this day came 0n to be heard in regular order the above
numbered and GALVESTON COUNTY, CITY OF TEXAS CITY, TEXAS
entitled cause wherein
CITY INDEPENDENT SCHOOL DISTRICT AND COLLEGE OF THE MAINLAND are the
Plaintiffs;
and wherein the Defendants are Mark Andrew Miller, Laura Marie Miller aka Laura Marie
Richmond and‘éitibank (South Dakota), N.A. (In Rem
Only) who were duly served with process as
required by law. but wholly failed to appear or answer, and wholly made default,
and wherein the Defendant is
/
Attorney General - Child Support Division (In Rem Only), who
.
was duly served with process as required by law, and who answered herein by and through his or her
attorney(s) and was duly notified 0f this setting,
and Plaintiffs having moved the Court t0 dismiss from
any parties not named above, it this suit
was so ordered; and the parties submitted all matters of controversy, both of fact and of law, to the Court
without the intervention ofajury, and the Court, having heard the pleadings, the evidence, and argument
0f counsel. is 0f 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 Plaintiffs the following amountsof delinquent taxes, accrued penalties, interest, attorney fees
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 0f Chapter 33, TEX.
TAX CODE, which accrue hereafter on all 0f said taxes from date ofjudgment until paid.
PROPERTY AND AMOUNTS OWED
ACCT. NO. 703001040007000 (224576); Lots Seven (7) and Eight (8), in Block One Hundred Four
(104), 0f TEXAS CITY, SECOND DIVISION, a subdivision in Galveston County, Texas,
according t0 the map or plat thereof recorded in Volume 134, Page 12 and transferred to PLat
Record 10, Map No. 33, in the Office of the County Clerk 0f Galveston County, Texas.
Adjudged value: $31,500.00 /
GALVESTON COUNTY .
Total Due (for years 2016-2020): ./
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$4,789.65
Suit No. 2|-’l'X-()()()3 Judgment
xx)
TEXAS CITY INDEPENDENT SCHOOL DISTRICT _
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Total Due (for years 20 1 6-2020): $2,769.29
IT IS FURTHER ORDERED, ADJUDGED, and DECREED:
That Plaintiffs also recover(s) judgment for all costs of suit and sale now or hereafter incurred,
including abstractor's fees incurred in securing data and information as to the name, identity, and location
0f necessary parties and legal description 0f the above described property, in the total amount of $0.00
provided. however, that no personal money judgment is granted against any Defendant named herein
unless otherwise provided below. The proceeds 0f any. foreclosure sale in this cause shall be applied
first t0 the payment ofall‘ accrued costs ofsuit and sale. and any residue shall be distributed as provided
by law.
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GALVESTON COUNTY, CITY OF TEXAS CITY, TEXAS CITY INDEPENDENT
That
SCHOOL DISTRICT and COLLEGE OF THE MAINLAND recover of and from the following named
Defendant(s), ifany. a personal moneyjudgment in the amount oftaxes, penalties, interest, attorney fees,
and costs shown above: Mark Andrew Miller and Laura Marie Miller aka Laura Marie Richmond;
That a lien exists against each of the lots, tracts, or parcels of land, for the amount of the taxes,
interest, penalties. abstractor‘s fees and costs of court found t0 be due on each particular lot, tract, or
parcel ofland. which lien is prior and superior to all claims, right, title, interest, or liens asserted by any
Defendant(s). and that Plaintiffs have foreclosure Oftheir liens on each 0fthe lots, tracts, or parcels of
land as against the Dcfendanfls) or any person claiming under the Defendant(s) by any right acquired
during the pendency of this suit:
That, upon the request ofany an order of sale be issued by
Plaintiff 0r lntervening taxing unit,
the Clerk directed t0 the Constable 0r any Sheriff 0fthis County, commanding such officer to seize, levy
upon, and advertise the sale ofeach of the tracts of land, and sell them to the highest bidder for cash, all
t0 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 ofa writ of possession asbetween the parties t0 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 t0
this suit or to any other person. other than a person owning an interest in the property or any party t0 this
adjudged value Ofthe property as set by this Court in the amount
suit that is not a taxing unit, for (1) the
shown above. 0r (2) the aggregate amount of the judgments against the property, whichever is less;
That such order 0f sale also specify that the property may not be sold to a person owning an
interest in the property or t0 a person who
a party t0 the suit other than a taxing unit unless: (l) that
is
person is the highest bidder at the tax sale, and (2) the amount bid by that person is equal t0 or greater
than the aggregate amount ofthe judgments against the prOperty, including all costs of suit and sale;
That the net proceeds ofany sale of such property made hereunder to any purchaser other than a
taxing unit who is a party t0 this suit shall be applied t0 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:
Sun N0. 2 I
-'l‘.\'-()003 Judgmcm
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That the owner 0f 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 ofsale shall make proper conveyance to the purchaser(s) of
the land. as prescribed by law. subject to such right ofredemption, that the clerk ofthis Court issue a
Writ of Possession to the purchaser at the sale or to 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 ot‘record; and
that the officer charged with executing the writ shall place the purchaser or the purchaser’s assigns in
possession ot‘the property without further order from any court and in the manner provided by the writ.
subject Io any notice Io vacate that may be required to be given to a tenant under Section 24.005(b),
Property Code.
MM
AH reliefprayed for in any ot‘the pleadings in this cause which is not specifically granted by this
judgment is hereby denied. This judgment finally disposes ofall parties and all claims and is appealable.
RECOMMENDED on the Maw 2021
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mas W. Mcngge v
Tax Master
SIGNEDomhe_H dayot‘
Q gubb ,2021
Judge firesiding
Approved:
MW
Maw E7Ciavaglia
State Bar No. 0078724]
mark.ciavaglia@lgbs.com
Emily K. Watkins
State Bar N0. 24052 64 l
emily.walkins@lgbs.com
Attorney for Plaintiffs
Sun No. 2 I
~‘I'X-UUU3 Judgment