Preview
Electronically Filed
6/6/2024 11:07 AM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-2654-24-L
CAUSE NO.
IN RE: ORDER FOR FORECLOSURE § 1N THE DISTRICT COURT
§
§
CONCERNING §
3213 AMETHYST AVENUE § JUDICIAL DISTRICT
MISSION, TEXAS 78573—21 19 §
E
UNDER TEX. R. CIV. P. 736 § HIDALGO COUNTY, TEXAS
APPLICATION FOR ORDER FOR FORECLOSURE
TO THE HONORABLE JUDGE OF SAID COURT:
MV Subdivision Owners Association hereby seeks an order fiom this Court pursuant to
TEX. R. CIV. P. 736 allowing foreclosure of a property owners’ association assessment lien and in
support of this Application would show unto the Court the following:
I. Parties
MV Subdivision Owners Association is a Texas non-profit corporation duly organized
and existing under Texas law. Petitioner’s business address is 10125 North 10th Street, Suite B,
McAllen, TX 78504.
Victor A. Ramirez and Amintha Ramirez Flores are the persons who are obligated t0 pay
the debt desfiribed in Paragraph III below, according t0 the records of Petitioner. Respondents‘
last known mailing address is 3213 Amethyst Avenue, Mission, TX 78573-21 19.
Application should also be served on Occupant, 3213 Amethyst Avenue, Mission, Texas .
78573-21 19.
II. Property
The property that is subject to Petitioner’s assessment lien is located at 3213 Amethyst
Avenue, Mission, Texas 78573-2119, and is more fully described as Lot 2, Mountain View
Subdivision, Phase 1, Hidalgo County, Texas (hereinafter referred to as “the Property”).
Electronically Filed
6/6/2024 11:07 AM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-2654-24-L
III. Existence of Debt and Grounds for Foreclosure
Petitioner is an association of property owners organized pursuant to the Declaration of
Covenants, Conditions and Restrictions for Mountain View Subdivision, executed on February
13, 2008, recorded in Document Number 1856397, Official Public Records of Real Property of
Hidalgo County, Texas, as amended by the First Amendment of Declaration of Covenants,
Conditions and Restrictions for Mountain View Subdivision, executed on August 29, 2013,
recorded in Document Number 2444994, Official Public Records of Real Property of Hidalgo
County, Texas, as further amended by the Second Amendment of Declaration of Covenants,
Conditions and Restrictions for Mountain View Subdivision, executed on September 16, 2013,
recorded in Document Number 2451671, Official Public Records of Real Property of Hidalgo
County, Texas, as further amended by the Third Amendment of Declaration of Covenants,
Conditions and Restrictions for Mountain View Subdivision, executed on November 5, 2014,
recorded in Document Number 2563319, Official Public Records of Real Property of Hidalgo
County, Texas, as amended (hereinafter referred to as “the Declaration”).
Pursuant to the Declaration, each lot subject to the Declaration, including the Property, is
encumbered by a lien to secure payment of assessments. Respondents are the record owners of
the Property and are required to pay Petitioner for all properly levied assessments under the
Declaration. That lien preceded Respondents’ ownership interest in the land and any homestead
right of Respondents that may be claimed. In addition, that lien is a property owners' association
assessment lien as contemplated by TEX. R. CIV. P. 735.
As of the date this Application was filed, Respondents had failed to submit payment for
four scheduled annual assessments. Prior to the filing of this Application, Respondents submitted
partial payment of the balance owed through a payment plan agreement, which involved
repayment of one scheduled annual assessment levied on January 1, 2017. However,
2
Electronically Filed
6/6/2024 11:07 AM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-2654-24-L
Respondents did not complete this payment plan agreement or cure their delinquency upon
notice of their default. As a consequence, Respondents have incurred late fees, costs of
collection, and attorney’s fees pursuant to the Declaration due to such delinquency. As of the
date of filing, Four Thousand Three Hundred Twenty-Three and 87/100 Dollars ($4,323.87) is
the total amount owed to cure Respondents' default and pay off all charges owed to Petitioner
under the Declaration.
Attached hereto as Exhibits “A” and “B” and incorporated herein by reference for all
purposes are the Affidavits of Anna Bohart and Tom L. Newton, J11, respectively, verifying the
foregoing.
IV. Notice Provided
Proper and required notice of the indebtedness has been provided to the Respondents and
all holders of liens against the Property according to all applicable provisions in the Declaration
and Texas law. Despite notice having been given the amount owed as set forth above remains
unpaid and delinquent. A11 conditions precedent have been met.
V. Relief Sought
PETITIONER IS NOT SEEKING LEGAL ACTION AGAINST ANY OCCUPANT
0F THE PROPERTY THAT HAS ALSO NOT BEEN NAMED AS A RESPONDENT IN
THIS APPLICATION. PETITIONER INTENDS T0 PROCEED WITH A
FORECLOSURE OF THE PROPERTY IN ACCORDANCE WITH APPLICABLE LAW
AND THE TERMS 0F THE DECLARATION.
WHEREFORE, Petitioner seeks an order from this Court, pursuant to Section 209.0092,
Texas Property Code, to have a private trustee sell the Property at a public auction according to
the terms of the Declaration and Section 51.002, Texas Property Code, and for such other and
further relief as to which Petitioner may be justly entitled, Whether at law or equity.
3
Electronically Filed
6/6/2024 11:07 AM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-2654-24-L
Respectfully submitted,
ALLEN, STEIN & DURBIN, P.C.
6243 IH-lO West, Suite 700
San Antonio, Texas 78201
Telephone: (210) 733-4166
Telecopier: (210) 738-9468
Tm ,4.
TOM L. NEWTON, JR.
WWW
StateBar No. 149823 00
Email: tnewton@asdh.com
ASHLEY E. GIORDANO
StateBar No. 24087589
E-mail: agiordano@asdh.¢om
DAKIN W. ALDERSON
State Bar No. 24140258
E-mail: dalderson@asdh.com
ATTORNEYS FOR PETITIONER
0603 l 0027254664133
Preview
Electronically Filed 6/6/2024 11:07 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-2654-24-L CAUSE NO. IN RE: ORDER FOR FORECLOSURE § 1N THE DISTRICT COURT § § CONCERNING § 3213 AMETHYST AVENUE § JUDICIAL DISTRICT MISSION, TEXAS 78573—21 19 § E UNDER TEX. R. CIV. P. 736 § HIDALGO COUNTY, TEXAS APPLICATION FOR ORDER FOR FORECLOSURE TO THE HONORABLE JUDGE OF SAID COURT: MV Subdivision Owners Association hereby seeks an order fiom this Court pursuant to TEX. R. CIV. P. 736 allowing foreclosure of a property owners’ association assessment lien and in support of this Application would show unto the Court the following: I. Parties MV Subdivision Owners Association is a Texas non-profit corporation duly organized and existing under Texas law. Petitioner’s business address is 10125 North 10th Street, Suite B, McAllen, TX 78504. Victor A. Ramirez and Amintha Ramirez Flores are the persons who are obligated t0 pay the debt desfiribed in Paragraph III below, according t0 the records of Petitioner. Respondents‘ last known mailing address is 3213 Amethyst Avenue, Mission, TX 78573-21 19. Application should also be served on Occupant, 3213 Amethyst Avenue, Mission, Texas . 78573-21 19. II. Property The property that is subject to Petitioner’s assessment lien is located at 3213 Amethyst Avenue, Mission, Texas 78573-2119, and is more fully described as Lot 2, Mountain View Subdivision, Phase 1, Hidalgo County, Texas (hereinafter referred to as “the Property”). Electronically Filed 6/6/2024 11:07 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-2654-24-L III. Existence of Debt and Grounds for Foreclosure Petitioner is an association of property owners organized pursuant to the Declaration of Covenants, Conditions and Restrictions for Mountain View Subdivision, executed on February 13, 2008, recorded in Document Number 1856397, Official Public Records of Real Property of Hidalgo County, Texas, as amended by the First Amendment of Declaration of Covenants, Conditions and Restrictions for Mountain View Subdivision, executed on August 29, 2013, recorded in Document Number 2444994, Official Public Records of Real Property of Hidalgo County, Texas, as further amended by the Second Amendment of Declaration of Covenants, Conditions and Restrictions for Mountain View Subdivision, executed on September 16, 2013, recorded in Document Number 2451671, Official Public Records of Real Property of Hidalgo County, Texas, as further amended by the Third Amendment of Declaration of Covenants, Conditions and Restrictions for Mountain View Subdivision, executed on November 5, 2014, recorded in Document Number 2563319, Official Public Records of Real Property of Hidalgo County, Texas, as amended (hereinafter referred to as “the Declaration”). Pursuant to the Declaration, each lot subject to the Declaration, including the Property, is encumbered by a lien to secure payment of assessments. Respondents are the record owners of the Property and are required to pay Petitioner for all properly levied assessments under the Declaration. That lien preceded Respondents’ ownership interest in the land and any homestead right of Respondents that may be claimed. In addition, that lien is a property owners' association assessment lien as contemplated by TEX. R. CIV. P. 735. As of the date this Application was filed, Respondents had failed to submit payment for four scheduled annual assessments. Prior to the filing of this Application, Respondents submitted partial payment of the balance owed through a payment plan agreement, which involved repayment of one scheduled annual assessment levied on January 1, 2017. However, 2 Electronically Filed 6/6/2024 11:07 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-2654-24-L Respondents did not complete this payment plan agreement or cure their delinquency upon notice of their default. As a consequence, Respondents have incurred late fees, costs of collection, and attorney’s fees pursuant to the Declaration due to such delinquency. As of the date of filing, Four Thousand Three Hundred Twenty-Three and 87/100 Dollars ($4,323.87) is the total amount owed to cure Respondents' default and pay off all charges owed to Petitioner under the Declaration. Attached hereto as Exhibits “A” and “B” and incorporated herein by reference for all purposes are the Affidavits of Anna Bohart and Tom L. Newton, J11, respectively, verifying the foregoing. IV. Notice Provided Proper and required notice of the indebtedness has been provided to the Respondents and all holders of liens against the Property according to all applicable provisions in the Declaration and Texas law. Despite notice having been given the amount owed as set forth above remains unpaid and delinquent. A11 conditions precedent have been met. V. Relief Sought PETITIONER IS NOT SEEKING LEGAL ACTION AGAINST ANY OCCUPANT 0F THE PROPERTY THAT HAS ALSO NOT BEEN NAMED AS A RESPONDENT IN THIS APPLICATION. PETITIONER INTENDS T0 PROCEED WITH A FORECLOSURE OF THE PROPERTY IN ACCORDANCE WITH APPLICABLE LAW AND THE TERMS 0F THE DECLARATION. WHEREFORE, Petitioner seeks an order from this Court, pursuant to Section 209.0092, Texas Property Code, to have a private trustee sell the Property at a public auction according to the terms of the Declaration and Section 51.002, Texas Property Code, and for such other and further relief as to which Petitioner may be justly entitled, Whether at law or equity. 3 Electronically Filed 6/6/2024 11:07 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-2654-24-L Respectfully submitted, ALLEN, STEIN & DURBIN, P.C. 6243 IH-lO West, Suite 700 San Antonio, Texas 78201 Telephone: (210) 733-4166 Telecopier: (210) 738-9468 Tm ,4. TOM L. NEWTON, JR. WWW StateBar No. 149823 00 Email: tnewton@asdh.com ASHLEY E. GIORDANO StateBar No. 24087589 E-mail: agiordano@asdh.¢om DAKIN W. ALDERSON State Bar No. 24140258 E-mail: dalderson@asdh.com ATTORNEYS FOR PETITIONER 0603 l 0027254664133