Document for Cumberland Crossing Property Owners Association VS. Miss. Victoria De Los Angeles Barron,Angel Abraham Barron

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                                CAUSE NUMBER 18                 -05545


                  CUMERLAND CROSSING PROPERTY                               §    IN THE DISTRICT COURT
                  OWNERS ASSOCIATION


                           Plaintiff,


                                                                            §
                                                                                 MONTGOMERY COUNTY, TEXAS
                  VICTORIA DE LOS ANGELES BARRON                            §
                  and ANGEL ABRAHAM BARRON                                  §


                           Defendants.                                      §    410   JUDICIAL DISTRICT


                                                 FIRST AMENDED MOTION TO ABATE

                           ANGEL ABRAHAM BARRON, Defendant, files this Motion to Abate at states:

                                    Defendant is currently on active duty, and his current contractual term with the

                                    United States military ends in 2021.         A true and correct copy of the Affidavit of

                                    Angel Barron is attached hereto as Exhibit “A” and incorporated herein by

                                    reference as though set forth at length. Plaintiff failed to diligently search to

                                    discover Defendant’s military status prior to the filing of this lawsuit. Pursuant to

                                    Section 51.015, Defendant requests that the Court abate this case to stay the

                                    proceedings for a period of time as justice and equity require.            Tex. Prop. Code

                                    §51.015(c)(1).     The abatement is mandatory.         Id.

                                    A foreclosure of property under a contract lien, such as the case here, may not be

                                    conducted during the military servicemember’s period of active duty military
                                    service or during the nine months after the date on which that service period

                                    concludes.    Tex. Prop. Code §51.015(d).

                                    The undersigned has informed Plaintiff’s counsel that Defendant is in the active

                                    military and would be seeking abatement.            Plaintiffrefused.

                                    It is important to note that a person commits acriminal offense if the person

                                    knowingly makes or causes to be made a sale, foreclosure, or seizure of property

                                    that is prohibited by section 51.015(d) of the Texas Property Code.               Tex. Prop.

                                    Code §51.015(f).      This criminal offense is a Class A misdemeanor.             For the

                                    purposes of Section 51.015 of the Texas Property Code, a person includes a

                                    corporation, organization or any other legal entity. Tex. Prop. Code

                                    §51.015(a)(4); Tex. Gov’t Code § 311.005(2); Tex. Pen. Code § 12.21.

                                    Since Plaintiff refuses to take the payment in full, Defendant requests relief under

                                    the Soldiers’ and Sailors’ Civil Relief Act, Section 31.02 of the Texas Tax Code

                                    and the Texas Property Code and request that the Court abate these proceedings.


                           WHEREFORE PREMISES CONSIDERED, Defendant Angel Barron respectfully prays

                  that, upon final hearing hereof, the Court determine that Plaintiff shall take nothing by way of

                  judgment against Angel Barron and such other and further reliefto which Angel Barron may

                  show himself to be justly entitled.