Preview
Electronically Filed
9/5/2023 10:15 AM
Hidalgo County District Clerks
Reviewed By: Marshall Schuller
CAUSE NO.T-0909-23-D
_________________
OVATION SERVICES, LLC, § IN THE DISTRICT COURT OF
Plaintiff §
§
V. § HIDALGO COUNTY, TEXAS
§
§
§
VICTOR VIDAL VASQUEZ, §
§ ____ JUDICIAL DISTRICT
Defendant
ORIGINAL PETITION FOR JUDICIAL FORECLOSURE
OF TRANSFERRED TAX LIENS
TO THE HONORABLE JUDGE OF SAID COURT:
Plaintiff, Ovation Services, LLC (“Ovation”), files this petition for the judicial foreclosure
of a transferred tax lien pursuant to Texas Tax Code §32.06(c), 32.065(c), and 33.41 of the Texas
Tax Code. Plaintiff would respectfully show the court the following:
1. Discovery. Plaintiff intends to conduct discovery under Level 2 of Rule 190.3, Texas
Rules of Civil Procedure.
2. Plaintiff. Plaintiff is Ovation Services, LLC, a Texas limited liability company whose
principal place of business is 12000 Network Blvd. Bldg.B, Suite 210 San Antonio, TX 78249.
a. Authority. Plaintiff is authorized to bring this suit by virtue of a written agreement with
the holder of the note and transferred tax liens, FGMS Holdings, LLC. (“FGMS”). Plaintiff is
designated as FGMS’s mortgage servicer as that term is defined by Tex. Property Code §
51.0001(3).
b. Nature of Lien. This suit involves the foreclosure of one or more tax liens transferred
pursuant to Texas Tax Code §32.06. These transferred tax liens retain the priority established by
Texas Tax Code §32.05, and Plaintiff is subrogated to all rights of the taxing authorities originally
holding these liens and is entitled to exercise any right or remedy possessed by those taxing
authorities including foreclosure or judicial sale. Tex. Tax Code §32.065(c).
Original Petition for Judicial Foreclosure of Transferred Tax Liens Page 1
Electronically Filed
9/5/2023 10:15 AM
Hidalgo County District Clerks
Reviewed By: Marshall Schuller
3. Defendant(s). The following Defendant(s) may be served with notice of these claims by
service of citation at the address and in the manner shown as follows:
Victor Vidal Vasquez, an individual who may be served at 6602 Rivera St, Pharr,
TX 78577.
If any or all of the above named Defendants are deceased, the unknown heirs, successors, and
assigns; and the unknown owner or owners of the following described property and any and all
other persons or entities, including adverse claimants, owning or having any legal or equitable
interest or lien upon the below described property located in the county in which this suit is brought
are joined as Defendants.
4. Joinder of Taxing Units. The following taxing unit(s) or tax lien transferee(s), whether
one or more, are joined as parties herein as required by sections 33.44(a) and/or 33.445 of the
Texas Tax Code because they may have a claim for delinquent taxes against all or part of the
Property, described below:
Pharr, Drainage District #1, Hidalgo County, South Texas College, PSJA ISD, South
Texas School.
Each of the foregoing is invited to add its claim, if any, by intervening herein.
5. Jurisdiction. This Court has jurisdiction over this controversy because the issue involves
the foreclosure of one or more liens on a parcel of real property located in this county.
6. Venue. Venue is proper in this Court because the real property encumbered by the ad
valorem tax liens sought to be foreclosed is located in this county.
7. Subject Property. The real property the subject of this suit (the “Property”) is more
particularly described as:
LOT 126, VILLA SAN MIGUEL SUBDIVISION PHASE II, AN ADDITION TO
THE CITY OF PHARR, HIDALGO COUNTY, TEXAS, ACCORDING TO THE
MAP RECORDED IN VOLUME 31, PAGE 182, MAP RECORDS IN THE OFFICE
OF THE COUNTY CLERK OF HIDALGO COUNTY, TEXAS.
Street Address: 6602 Rivera St., Pharr, TX 78577
Tax Account: V3685-02-000-0126-00
8. Appraised Value. The appraised value of the Subject Property according to the most
recent appraisal roll approved by the appraisal review board is $86,475.00.
Original Petition for Judicial Foreclosure of Transferred Tax Liens Page 2
Electronically Filed
9/5/2023 10:15 AM
Hidalgo County District Clerks
Reviewed By: Marshall Schuller
Factual Background.
9. On April 27, 2021, Defendant executed a promissory note in favor of FGMS Holdings,
LLC (the “Note”). The Note was in the original principal amount of $16,092.54 and evidenced in
the real property records by a Texas Tax Code §32.065 contract for the payment of taxes recorded
under Document No. 3220932 (the “Contract”, together with the Note, the “Agreement”). The
Agreement is secured by one or more tax liens transferred by the applicable taxing units and those
transferred tax liens were executed and recorded pursuant to Texas Tax Code §32.06(b).
10. Default. Beginning November 23, 2022, Defendant failed to make scheduled payments in
accordance with the Agreement and is in default. Plaintiff, by and through its attorney of record,
provided notice of the default and accelerated the debt in accordance with the Agreement and
applicable law. Defendant has failed to cure the default.
11. Conditions Precedent. All conditions precedent to foreclosure have been performed or
have occurred. All things required by law to be done have been duly and legally performed by the
proper parties.
12. Statutory Notices.
a. The liens sought to be foreclosed are ad valorem tax liens and not liens prohibited by Tex.
Const. Art. XVI, § 50.
b. This legal action is not sought against any occupant of the Subject Property unless the
occupant is also named as a defendant in this petition. If Plaintiff obtains a court order, it will
proceed with foreclosure of the Subject Property in accordance with applicable law and the
terms of the Agreement. In other words, if you are a tenant in the Subject Property, this suit
does not seek affirmative relief from you unless you are named as a defendant herein.
13. Relief Sought Against Defendant. Plaintiff seeks a monetary judgment against Defendant
for all amounts it is owed under the Agreement, as well as foreclosure of the transferred tax liens
on the Subject Property.
14. Plaintiff is entitled to recover, without further citation or notice, all penalties, interest,
attorney’s fees, costs, and abstractor’s fees incurred after the filing of this suit and up to the date
of judgment, which are hereby incorporated in this suit. Plaintiff is further entitled to recover
penalties and interest on the delinquent taxes subsequent to the date of the judgment at the contract
rate under the Agreement as allowed by § 304.004 of the Texas Finance Code.
Original Petition for Judicial Foreclosure of Transferred Tax Liens Page 3
Electronically Filed
9/5/2023 10:15 AM
Hidalgo County District Clerks
Reviewed By: Marshall Schuller
15. Pursuant to § 32.064(c) of the Texas Property Tax Code, Plaintiff is subrogated to all rights
and remedies, including foreclosure, that a taxing unit would be entitled to if it were filing suit in
its own name. All conditions precedent required by Rule 54 of the Texas Rules of Civil Procedure
have been met.
16. The undersigned attorneys are legally authorized and empowered to institute and prosecute
this action on behalf of the Plaintiff. Plaintiff asks that it be awarded reasonable attorney’s fees,
recording fees, court costs, abstractor fees, and if applicable, fees paid to an official, fees for an
attorney ad-litem, or other charges and fees authorized by Texas Finance Code § 351.0021.
PRAYER
Plaintiff prays that, upon proper citation of the Defendant and joined taxing units, a final
hearing be held where it recovers the following:
A. Personal judgment against Defendant, for all amounts due and unpaid under the Agreement
including unpaid principal, penalties, interest, attorney’s fees, and costs, including all costs
of court, that are due or will become due;
B. Judgment declaring that the tax liens subject to this suit are first, prior and/or superior to
any other interest in said property and were transferred to Plaintiff in accordance with
applicable law.
C. Judgment determining the market value of the property on the date of trial and ordering
foreclosure of the transferred ad valorem tax liens on the Subject Property securing
payment of the Agreement, including unpaid principal, penalties, interest, attorney’s fees
and costs, including all costs of court, that are due or will become due.
D. Issuance of an order of sale and/or execution on the Subject Property; and
E. Judgment granting all further relief to which Plaintiff may be entitled.
Original Petition for Judicial Foreclosure of Transferred Tax Liens Page 4
Electronically Filed
9/5/2023 10:15 AM
Hidalgo County District Clerks
Reviewed By: Marshall Schuller
Respectfully submitted,
CREEL LAW GROUP, PLLC
1114 Lost Creek Boulevard, Suite 100
Austin, Texas 78746
Tel: (512) 666-3490
Fax: (512) 329-5818
info@creellawgroup.com
___________________________
STEPHEN L. DITTLINGER
State Bar. No. 05900500
Attorneys for Plaintiff
Original Petition for Judicial Foreclosure of Transferred Tax Liens Page 5
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Chris Denno on behalf of Stephen Dittlinger
Bar No. 5900500
cd@creellawgroup.com
Envelope ID: 79198225
Filing Code Description: Petition
Filing Description: ORIGINAL PETITION FOR JUDICIAL FORECLOSURE
OF TRANSFERRED TAX LIENS - 9502104082
Status as of 9/5/2023 10:22 AM CST
Associated Case Party: OVATION SERVICES LLC
Name BarNumber Email TimestampSubmitted Status
CHRIS DENNO cd@creellawgroup.com 9/5/2023 10:15:38 AM SENT
STEPHEN L.DITTLINGER info@creellawgroup.com 9/5/2023 10:15:38 AM SENT
Preview
Electronically Filed 9/5/2023 10:15 AM Hidalgo County District Clerks Reviewed By: Marshall Schuller CAUSE NO.T-0909-23-D _________________ OVATION SERVICES, LLC, § IN THE DISTRICT COURT OF Plaintiff § § V. § HIDALGO COUNTY, TEXAS § § § VICTOR VIDAL VASQUEZ, § § ____ JUDICIAL DISTRICT Defendant ORIGINAL PETITION FOR JUDICIAL FORECLOSURE OF TRANSFERRED TAX LIENS TO THE HONORABLE JUDGE OF SAID COURT: Plaintiff, Ovation Services, LLC (“Ovation”), files this petition for the judicial foreclosure of a transferred tax lien pursuant to Texas Tax Code §32.06(c), 32.065(c), and 33.41 of the Texas Tax Code. Plaintiff would respectfully show the court the following: 1. Discovery. Plaintiff intends to conduct discovery under Level 2 of Rule 190.3, Texas Rules of Civil Procedure. 2. Plaintiff. Plaintiff is Ovation Services, LLC, a Texas limited liability company whose principal place of business is 12000 Network Blvd. Bldg.B, Suite 210 San Antonio, TX 78249. a. Authority. Plaintiff is authorized to bring this suit by virtue of a written agreement with the holder of the note and transferred tax liens, FGMS Holdings, LLC. (“FGMS”). Plaintiff is designated as FGMS’s mortgage servicer as that term is defined by Tex. Property Code § 51.0001(3). b. Nature of Lien. This suit involves the foreclosure of one or more tax liens transferred pursuant to Texas Tax Code §32.06. These transferred tax liens retain the priority established by Texas Tax Code §32.05, and Plaintiff is subrogated to all rights of the taxing authorities originally holding these liens and is entitled to exercise any right or remedy possessed by those taxing authorities including foreclosure or judicial sale. Tex. Tax Code §32.065(c). Original Petition for Judicial Foreclosure of Transferred Tax Liens Page 1 Electronically Filed 9/5/2023 10:15 AM Hidalgo County District Clerks Reviewed By: Marshall Schuller 3. Defendant(s). The following Defendant(s) may be served with notice of these claims by service of citation at the address and in the manner shown as follows: Victor Vidal Vasquez, an individual who may be served at 6602 Rivera St, Pharr, TX 78577. If any or all of the above named Defendants are deceased, the unknown heirs, successors, and assigns; and the unknown owner or owners of the following described property and any and all other persons or entities, including adverse claimants, owning or having any legal or equitable interest or lien upon the below described property located in the county in which this suit is brought are joined as Defendants. 4. Joinder of Taxing Units. The following taxing unit(s) or tax lien transferee(s), whether one or more, are joined as parties herein as required by sections 33.44(a) and/or 33.445 of the Texas Tax Code because they may have a claim for delinquent taxes against all or part of the Property, described below: Pharr, Drainage District #1, Hidalgo County, South Texas College, PSJA ISD, South Texas School. Each of the foregoing is invited to add its claim, if any, by intervening herein. 5. Jurisdiction. This Court has jurisdiction over this controversy because the issue involves the foreclosure of one or more liens on a parcel of real property located in this county. 6. Venue. Venue is proper in this Court because the real property encumbered by the ad valorem tax liens sought to be foreclosed is located in this county. 7. Subject Property. The real property the subject of this suit (the “Property”) is more particularly described as: LOT 126, VILLA SAN MIGUEL SUBDIVISION PHASE II, AN ADDITION TO THE CITY OF PHARR, HIDALGO COUNTY, TEXAS, ACCORDING TO THE MAP RECORDED IN VOLUME 31, PAGE 182, MAP RECORDS IN THE OFFICE OF THE COUNTY CLERK OF HIDALGO COUNTY, TEXAS. Street Address: 6602 Rivera St., Pharr, TX 78577 Tax Account: V3685-02-000-0126-00 8. Appraised Value. The appraised value of the Subject Property according to the most recent appraisal roll approved by the appraisal review board is $86,475.00. Original Petition for Judicial Foreclosure of Transferred Tax Liens Page 2 Electronically Filed 9/5/2023 10:15 AM Hidalgo County District Clerks Reviewed By: Marshall Schuller Factual Background. 9. On April 27, 2021, Defendant executed a promissory note in favor of FGMS Holdings, LLC (the “Note”). The Note was in the original principal amount of $16,092.54 and evidenced in the real property records by a Texas Tax Code §32.065 contract for the payment of taxes recorded under Document No. 3220932 (the “Contract”, together with the Note, the “Agreement”). The Agreement is secured by one or more tax liens transferred by the applicable taxing units and those transferred tax liens were executed and recorded pursuant to Texas Tax Code §32.06(b). 10. Default. Beginning November 23, 2022, Defendant failed to make scheduled payments in accordance with the Agreement and is in default. Plaintiff, by and through its attorney of record, provided notice of the default and accelerated the debt in accordance with the Agreement and applicable law. Defendant has failed to cure the default. 11. Conditions Precedent. All conditions precedent to foreclosure have been performed or have occurred. All things required by law to be done have been duly and legally performed by the proper parties. 12. Statutory Notices. a. The liens sought to be foreclosed are ad valorem tax liens and not liens prohibited by Tex. Const. Art. XVI, § 50. b. This legal action is not sought against any occupant of the Subject Property unless the occupant is also named as a defendant in this petition. If Plaintiff obtains a court order, it will proceed with foreclosure of the Subject Property in accordance with applicable law and the terms of the Agreement. In other words, if you are a tenant in the Subject Property, this suit does not seek affirmative relief from you unless you are named as a defendant herein. 13. Relief Sought Against Defendant. Plaintiff seeks a monetary judgment against Defendant for all amounts it is owed under the Agreement, as well as foreclosure of the transferred tax liens on the Subject Property. 14. Plaintiff is entitled to recover, without further citation or notice, all penalties, interest, attorney’s fees, costs, and abstractor’s fees incurred after the filing of this suit and up to the date of judgment, which are hereby incorporated in this suit. Plaintiff is further entitled to recover penalties and interest on the delinquent taxes subsequent to the date of the judgment at the contract rate under the Agreement as allowed by § 304.004 of the Texas Finance Code. Original Petition for Judicial Foreclosure of Transferred Tax Liens Page 3 Electronically Filed 9/5/2023 10:15 AM Hidalgo County District Clerks Reviewed By: Marshall Schuller 15. Pursuant to § 32.064(c) of the Texas Property Tax Code, Plaintiff is subrogated to all rights and remedies, including foreclosure, that a taxing unit would be entitled to if it were filing suit in its own name. All conditions precedent required by Rule 54 of the Texas Rules of Civil Procedure have been met. 16. The undersigned attorneys are legally authorized and empowered to institute and prosecute this action on behalf of the Plaintiff. Plaintiff asks that it be awarded reasonable attorney’s fees, recording fees, court costs, abstractor fees, and if applicable, fees paid to an official, fees for an attorney ad-litem, or other charges and fees authorized by Texas Finance Code § 351.0021. PRAYER Plaintiff prays that, upon proper citation of the Defendant and joined taxing units, a final hearing be held where it recovers the following: A. Personal judgment against Defendant, for all amounts due and unpaid under the Agreement including unpaid principal, penalties, interest, attorney’s fees, and costs, including all costs of court, that are due or will become due; B. Judgment declaring that the tax liens subject to this suit are first, prior and/or superior to any other interest in said property and were transferred to Plaintiff in accordance with applicable law. C. Judgment determining the market value of the property on the date of trial and ordering foreclosure of the transferred ad valorem tax liens on the Subject Property securing payment of the Agreement, including unpaid principal, penalties, interest, attorney’s fees and costs, including all costs of court, that are due or will become due. D. Issuance of an order of sale and/or execution on the Subject Property; and E. Judgment granting all further relief to which Plaintiff may be entitled. Original Petition for Judicial Foreclosure of Transferred Tax Liens Page 4 Electronically Filed 9/5/2023 10:15 AM Hidalgo County District Clerks Reviewed By: Marshall Schuller Respectfully submitted, CREEL LAW GROUP, PLLC 1114 Lost Creek Boulevard, Suite 100 Austin, Texas 78746 Tel: (512) 666-3490 Fax: (512) 329-5818 info@creellawgroup.com ___________________________ STEPHEN L. DITTLINGER State Bar. No. 05900500 Attorneys for Plaintiff Original Petition for Judicial Foreclosure of Transferred Tax Liens Page 5 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Chris Denno on behalf of Stephen Dittlinger Bar No. 5900500 cd@creellawgroup.com Envelope ID: 79198225 Filing Code Description: Petition Filing Description: ORIGINAL PETITION FOR JUDICIAL FORECLOSURE OF TRANSFERRED TAX LIENS - 9502104082 Status as of 9/5/2023 10:22 AM CST Associated Case Party: OVATION SERVICES LLC Name BarNumber Email TimestampSubmitted Status CHRIS DENNO cd@creellawgroup.com 9/5/2023 10:15:38 AM SENT STEPHEN L.DITTLINGER info@creellawgroup.com 9/5/2023 10:15:38 AM SENT