Preview
Electronically Filed
3/18/2020 9:19 AM
Hidalgo County District Clerks
Reviewed By: Marshall Schuller
SUIT NO. T-0423-19-J
HIDALGO COUNTY, CITY OF § IN THE DISTRICT COURT
EDINBURG, EDINBURG CONSOLIDATED
INDEPENDENT SCHOOL DISTRICT,
HIDALGO COUNTY DRAINAGE
DISTRICT # 01 AND SOUTH TEXAS
COLLEGE, ET AL
§
VS. § 430TH JUDICIAL DISTRICT
§
SOCORRO NELLY MARTINEZ § HIDALGO COUNTY, TEXAS
PLAINTIFFS' SECOND AMENDED PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
I.
PLAINTIFFg S t
This suit is brought for the recovery 0f delinquent ad valorem taxes under TEX. TAX CODE §
33.41 by the following named Plaintiff(s), whether one or more, each 0f which is a taxing unit and is
legally constituted and authorized t0 impose and collect taxes 0n property:
HIDALGO COUNTY, CITY OF EDINBURG, EDINBURG CONSOLIDATED
INDEPENDENT SCHOOL DISTRICT, SOUTH TEXAS INDEPENDENT SCHOOL
DISTRICT, HIDALGO COUNTY DRAINAGE DISTRICT # 01 and SOUTH TEXAS
COLLEGE
The P1aintiff(s) intends discovery to be conducted under Level 2 0f Rule 190, Texas Rules 0f
Civil Procedure.
DEFENDANTg S Q
The following are named as Defendant(s) in this suit, and they may be served With notice of
these claims by service 0f citation at the address and in the manner shown as follows:
Socorro Nelly Martinez, a/k/a Socorro N. Martinez Cedillo, 2909 Nikki Ln., Edinburg, TX
78542;
Portfolio Recovery Associates, LLC, A Delaware Limited Liability Company, (Lienholder, In
Rem Only), upon Whom service may be obtained by serving its Registered Agent, Corporation
Service Company d/b/a CSC-Lawyers Incorporating Service Company at 211 E. 7th. St., Suite
620, Austin, TX 78701
if living, and if any 0r all of the above named Defendant(s) be deceased, the unknown heirs 0f each 0r
all 0f the said above named deceased persons; and the unknown owner or owners of the following
described property; and the executors, administrators, guardians, legal representatives, devisees 0f the
above named persons; and any and all other persons, including adverse claimants, owning or having
Suit No. T—0423—19-J Page 1 SuitKey No. 24595 12
Electronically Filed
3/18/2020 9:19 AM
Hidalgo County District Clerks
Reviewed By: Marshall Schuller
any legal 0r equitable interest in or lien upon the below described property located in the county in
Which this suit is brought.
The following taxing unit(s), whether one or more, is joined as a party herein as required by
TEX. TAX CODE § 33.44(a) because it may have a claim and lien for delinquent taxes against all 0r part
0f the same property described below: HIDALGO COUNTY ROAD DISTRICT # 15. The
foregoing named taxing unit(s), if any, is invited to add itsclaim by intervening herein.
II.
Claims for all taxes becoming delinquent on said property at any time subsequent t0 the filing
0f this suit, up t0 the day 0f judgment, including all penalties, interest, attorney’s fees, and costs 0n
same, are incorporated inthis suit, and P1aintiff(s) is entitled t0 recover the same, upon proper proof,
Without filrther citation or notice. Plaintiff(s) is further entitled t0 recover each penalty that is incurred
and all interest that accrues 0n all delinquent taxes imposed on the property from the date ofjudgment
t0 the date 0f sale.
III.
As t0 each separately described property shown below, there are delinquent taxes, penalties,
interest, and costs justly due, owing and unpaid to P1aintiff(s) for the tax years and in the amounts as
follows, if paid in March, 2020:
PROPERTY AND AMOUNTS OWED
ACCT. NO. C1122-00-000-0009-00; Lot 9, Cantera Ridge Mobile Home Subdivision, an addition
t0 the City 0f Edinburg, Hidalgo County, Texas, according t0 the map thereof recorded in
Volume 32, Page 21, Map Records 0f Hidalgo County, Texas.
HIDALGO COUNTY
Tax Year(s) Tax Amount Penalties and Interest Total Due
2012 $16.79 $21.44 $38.23
2013 $201.29 $229.27 $430.56
2014 $260.90 $261.17 $522.07
2015 $277.68 $239.64 $517.32
2016 $272.85 $197.82 $470.67
2017 $265.58 $155.90 $421.48
2018 $11.99 $5.39 $17.38
TOTALS: $1,307.08 $1,110.63 $2,417.71
CITY OF EDINBURG
Tax Year(s) Tax Amount Penalties and Interest Total Due
2012 $18.07 $23.08 $41.15
2013 $216.64 $246.75 $463.39
2014 $280.80 $281.08 $561.88
2015 $298.86 $257.91 $556.77
Suit N0. T—0423— 1 9-J Page 2 SuitKey No. 24595 12
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Hidalgo County District Clerks
Reviewed By: Marshall Schuller
2016 $293.66 $212.90 $506.56
2017 $290.77 $170.68 $461.45
2018 $13.13 $5.89 $19.02
TOTALS: $1,411.93 $1,198.29 $2,610.22
EDINBURG CONSOLIDATED INDEPENDENT SCHOOL DISTRICT
Tax Year(s) Tax Amount Penalties and Interest Total Due
2016 $471.36 $341.74 $813.10
2017 $567.70 $333.24 $900.94
2018 $25.65 $11.52 $37.17
TOTALS: $1,064.71 $686.50 $1,751.21
SOUTH TEXAS INDEPENDENT SCHOOL DISTRICT
Tax Year(s) Tax Amount Penalties and Interest Total Due
2012 $1.39 $1.77 $3.16
2013 $16.79 $19.12 $35.91
2014 $21.76 $21.78 $43.54
2015 $23.16 $19.99 $43.15
2016 $22.75 $16.50 $39.25
2017 $22.53 $13.22 $35.75
2018 $1.02 $.46 $1.48
TOTALS: $109.40 $92.84 $202.24
HIDALGO COUNTY DRAINAGE DISTRICT # 01
Tax Year(s) Tax Amount Penalties and Interest Total Due
2012 $2.13 $2.72 $4.85
2013 $32.65 $37.19 $69.84
2014 $42.32 $42.37 $84.69
2015 $44.76 $38.63 $83.39
2016 $43.98 $31.89 $75.87
2017 $43.55 $25.57 $69.12
2018 $1.96 $.88 $2.84
TOTALS: $211.35 $179.25 $390.60
SOUTH TEXAS COLLEGE
Tax Year(s) Tax Amount Penalties and Interest Total Due
2012 $4.29 $5.47 $9.76
2013 $51.18 $58.29 $109.47
2014 $81.81 $81.89 $163.70
2015 $87.07 $75.14 $162.21
2016 $85.55 $62.03 $147.58
Suit No. T—0423—19-J Page 3 SuitKey No. 24595 12
Electronically Filed
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Hidalgo County District Clerks
Reviewed By: Marshall Schuller
2017 $84.71 $49.73 $134.44
2018 $3.69 $1.66 $5.35
TOTALS: $398.30 $334.21 $732.51
TOTAL DUE $8,104.49
The total aggregate amount 0f taxes, penalties, interest, and attorney’s fees (if any) for which
P1aintiff(s) sues is $8,104.49, subject t0 additional taxes, penalties, interest, and attorney’s fees that
accrue subsequent to the filing 0f this petition.
IV.
A11 0f the taxes were authorized by law and legally imposed in the county in Which this suit is
brought. The taxes were imposed in the amount(s) stated above 0n each separately described property
for each year specified and on each person named, if known, who owned the property 0n January 1 0f
the year for Which the tax was imposed. Plaintiff(s) now has and asserts a lien 0n each tract 0f real
property and each item of personal property described herein to secure the payment of all taxes,
penalties, interest and costs due. Pursuant t0 Rule 54 0f the Texas Rules 0f Civil Procedure,
P1aintiff(s) affirmatively avers that allthings required by law t0 be done have been done properly by
the appropriate officials and all conditions precedent have been met.
V.
A11 0f the property described above was, at the time the taxes were assessed, located Within the
territorial boundaries 0f each taxing unit in Whose behalf this suit is brought. A11 Defendants named in
this suit either owned the property that is the subject 0f this suit 0n January 1 0f the year in Which taxes
were imposed on said property, 0r owned 0r claimed an interest in 0r lien upon said property at the
time of the filing of this suit. The value of any personal property that may be described above, and
against Which the tax lien is sought t0 be enforced, is in excess 0f FIVE HUNDRED AND NO/lOO
DOLLARS ($500.00).
VI.
The Law Firm represented by the attorney Whose name is signed hereto is legally authorized
and empowered to institute and prosecute this action on behalf 0f Plaintiff(s). Plaintiff(s) should
recover attorney's fees as provided by law for the prosecution 0f this case, and such attorney's fees
should be taxed as costs.
VII.
Plaintiff(s) may have incurred certain expenses in the form 0f abstractor’s costs in procuring
data and information as t0 the name, identity and location of necessary parties, and in procuring
necessary legal descriptions of the property that is the subject of this suit. Said expenses, if incurred,
are reasonable and are in the following amount: $175.00. The abstractor's costs, if any be shown,
should be taxed as costs herein.
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Electronically Filed
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Hidalgo County District Clerks
Reviewed By: Marshall Schuller
PRAYER
WHEREFORE, PREMISES CONSIDERED, P1aintiff(s) requests that citation be issued and
served upon each Defendant named herein, commanding them to appear and answer herein in the time
and manner required by law. Plaintiff(s) further prays, upon final hearing in this cause, for foreclosure
0f its liens against the above-described property securing the total amount of all delinquent taxes,
penalties and interest, including taxes, penalties and interest becoming delinquent during the pendency
0f this suit, costs of court, attorney's fees, abstract fees, and expenses 0f foreclosure sale. P1aintiff(s)
further prays for personal judgment against Defendant(s) Who owned the property on January 1 0f the
year for which the taxes were imposed for alltaxes, penalties, interest, and costs that are due or Will
become due on the property, together With attorney's fees and abstractor's fees. P1aintiff(s) further
prays for: (1) the appropriate order 0f sale requiring the foreclosed property to be sold, free and clear 0f
any right, title or interest owned 0r held by any of the named Defendants, at public auction in the
manner prescribed by law, and (2) writs 0f execution, directing the sheriffs and constables for the State
0f Texas, to search out, seize, and sell sufficient property 0f the Defendant(s) against Whom personal
judgment may be awarded to satisfy the lawful judgment sought herein. Finally, Plaintiff(s) prays for
such other and further relief, at law 0r in equity, t0 Which it may show itselfjustly entitled.
Respectfully submitted,
LINEBARGER GOGGAN
BLAIR & SAMPSON, LLP
15 12 S. Lone Star Way
Edinburg, TX 78539
(956) 383-4500
(956) 383-7820 - FAX
Lucy G. Canales
State Bar N0. 08123075
Michael G. Cano
State Bar N0. 24047724
Kelly Rivera Salazar
State Bar No. 2404 1 785
Jaime Gonzalez
State Bar N0. 24036654
Edinburg.Litigation@lgbs.com
Attorney for Plaintiffs
Suit No. T—0423—19-J Page 5 SuitKey No. 24595 12
Electronically Filed
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Hidalgo County District Clerks
Reviewed By: Marshall Schuller
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy 0f the foregoing instrument has been delivered in
the manner required by Rules 21 and 21a, Tex. R. CiV. Proc., t0 all parties 0r their attorneys in this
cause, on the 18th day of March, 2020, addressed as follows:
Socorro Nelly Martinez a/k/a Socorro N. Martinez Cedillo
2909 Nikki Ln.
Edinburg, TX 78542
Cmrrr# 7019 2970 0002 0935 2338
Lucy G. Canales
State Bar N0. 08123075
Michael G. Cano
State Bar N0. 24047724
Kelly Rivera Salazar
State Bar N0. 24041785
Jaime Gonzalez
State Bar N0. 24036654
Edinburg.Litigation@lgbs.Com
Attorney for Plaintiffs
Suit No. T—0423—19-J Page 6 SuitKey No. 24595 12
Preview
Electronically Filed 3/18/2020 9:19 AM Hidalgo County District Clerks Reviewed By: Marshall Schuller SUIT NO. T-0423-19-J HIDALGO COUNTY, CITY OF § IN THE DISTRICT COURT EDINBURG, EDINBURG CONSOLIDATED INDEPENDENT SCHOOL DISTRICT, HIDALGO COUNTY DRAINAGE DISTRICT # 01 AND SOUTH TEXAS COLLEGE, ET AL § VS. § 430TH JUDICIAL DISTRICT § SOCORRO NELLY MARTINEZ § HIDALGO COUNTY, TEXAS PLAINTIFFS' SECOND AMENDED PETITION TO THE HONORABLE JUDGE OF SAID COURT: I. PLAINTIFFg S t This suit is brought for the recovery 0f delinquent ad valorem taxes under TEX. TAX CODE § 33.41 by the following named Plaintiff(s), whether one or more, each 0f which is a taxing unit and is legally constituted and authorized t0 impose and collect taxes 0n property: HIDALGO COUNTY, CITY OF EDINBURG, EDINBURG CONSOLIDATED INDEPENDENT SCHOOL DISTRICT, SOUTH TEXAS INDEPENDENT SCHOOL DISTRICT, HIDALGO COUNTY DRAINAGE DISTRICT # 01 and SOUTH TEXAS COLLEGE The P1aintiff(s) intends discovery to be conducted under Level 2 0f Rule 190, Texas Rules 0f Civil Procedure. DEFENDANTg S Q The following are named as Defendant(s) in this suit, and they may be served With notice of these claims by service 0f citation at the address and in the manner shown as follows: Socorro Nelly Martinez, a/k/a Socorro N. Martinez Cedillo, 2909 Nikki Ln., Edinburg, TX 78542; Portfolio Recovery Associates, LLC, A Delaware Limited Liability Company, (Lienholder, In Rem Only), upon Whom service may be obtained by serving its Registered Agent, Corporation Service Company d/b/a CSC-Lawyers Incorporating Service Company at 211 E. 7th. St., Suite 620, Austin, TX 78701 if living, and if any 0r all of the above named Defendant(s) be deceased, the unknown heirs 0f each 0r all 0f the said above named deceased persons; and the unknown owner or owners of the following described property; and the executors, administrators, guardians, legal representatives, devisees 0f the above named persons; and any and all other persons, including adverse claimants, owning or having Suit No. T—0423—19-J Page 1 SuitKey No. 24595 12 Electronically Filed 3/18/2020 9:19 AM Hidalgo County District Clerks Reviewed By: Marshall Schuller any legal 0r equitable interest in or lien upon the below described property located in the county in Which this suit is brought. The following taxing unit(s), whether one or more, is joined as a party herein as required by TEX. TAX CODE § 33.44(a) because it may have a claim and lien for delinquent taxes against all 0r part 0f the same property described below: HIDALGO COUNTY ROAD DISTRICT # 15. The foregoing named taxing unit(s), if any, is invited to add itsclaim by intervening herein. II. Claims for all taxes becoming delinquent on said property at any time subsequent t0 the filing 0f this suit, up t0 the day 0f judgment, including all penalties, interest, attorney’s fees, and costs 0n same, are incorporated inthis suit, and P1aintiff(s) is entitled t0 recover the same, upon proper proof, Without filrther citation or notice. Plaintiff(s) is further entitled t0 recover each penalty that is incurred and all interest that accrues 0n all delinquent taxes imposed on the property from the date ofjudgment t0 the date 0f sale. III. As t0 each separately described property shown below, there are delinquent taxes, penalties, interest, and costs justly due, owing and unpaid to P1aintiff(s) for the tax years and in the amounts as follows, if paid in March, 2020: PROPERTY AND AMOUNTS OWED ACCT. NO. C1122-00-000-0009-00; Lot 9, Cantera Ridge Mobile Home Subdivision, an addition t0 the City 0f Edinburg, Hidalgo County, Texas, according t0 the map thereof recorded in Volume 32, Page 21, Map Records 0f Hidalgo County, Texas. HIDALGO COUNTY Tax Year(s) Tax Amount Penalties and Interest Total Due 2012 $16.79 $21.44 $38.23 2013 $201.29 $229.27 $430.56 2014 $260.90 $261.17 $522.07 2015 $277.68 $239.64 $517.32 2016 $272.85 $197.82 $470.67 2017 $265.58 $155.90 $421.48 2018 $11.99 $5.39 $17.38 TOTALS: $1,307.08 $1,110.63 $2,417.71 CITY OF EDINBURG Tax Year(s) Tax Amount Penalties and Interest Total Due 2012 $18.07 $23.08 $41.15 2013 $216.64 $246.75 $463.39 2014 $280.80 $281.08 $561.88 2015 $298.86 $257.91 $556.77 Suit N0. T—0423— 1 9-J Page 2 SuitKey No. 24595 12 Electronically Filed 3/18/2020 9:19 AM Hidalgo County District Clerks Reviewed By: Marshall Schuller 2016 $293.66 $212.90 $506.56 2017 $290.77 $170.68 $461.45 2018 $13.13 $5.89 $19.02 TOTALS: $1,411.93 $1,198.29 $2,610.22 EDINBURG CONSOLIDATED INDEPENDENT SCHOOL DISTRICT Tax Year(s) Tax Amount Penalties and Interest Total Due 2016 $471.36 $341.74 $813.10 2017 $567.70 $333.24 $900.94 2018 $25.65 $11.52 $37.17 TOTALS: $1,064.71 $686.50 $1,751.21 SOUTH TEXAS INDEPENDENT SCHOOL DISTRICT Tax Year(s) Tax Amount Penalties and Interest Total Due 2012 $1.39 $1.77 $3.16 2013 $16.79 $19.12 $35.91 2014 $21.76 $21.78 $43.54 2015 $23.16 $19.99 $43.15 2016 $22.75 $16.50 $39.25 2017 $22.53 $13.22 $35.75 2018 $1.02 $.46 $1.48 TOTALS: $109.40 $92.84 $202.24 HIDALGO COUNTY DRAINAGE DISTRICT # 01 Tax Year(s) Tax Amount Penalties and Interest Total Due 2012 $2.13 $2.72 $4.85 2013 $32.65 $37.19 $69.84 2014 $42.32 $42.37 $84.69 2015 $44.76 $38.63 $83.39 2016 $43.98 $31.89 $75.87 2017 $43.55 $25.57 $69.12 2018 $1.96 $.88 $2.84 TOTALS: $211.35 $179.25 $390.60 SOUTH TEXAS COLLEGE Tax Year(s) Tax Amount Penalties and Interest Total Due 2012 $4.29 $5.47 $9.76 2013 $51.18 $58.29 $109.47 2014 $81.81 $81.89 $163.70 2015 $87.07 $75.14 $162.21 2016 $85.55 $62.03 $147.58 Suit No. T—0423—19-J Page 3 SuitKey No. 24595 12 Electronically Filed 3/18/2020 9:19 AM Hidalgo County District Clerks Reviewed By: Marshall Schuller 2017 $84.71 $49.73 $134.44 2018 $3.69 $1.66 $5.35 TOTALS: $398.30 $334.21 $732.51 TOTAL DUE $8,104.49 The total aggregate amount 0f taxes, penalties, interest, and attorney’s fees (if any) for which P1aintiff(s) sues is $8,104.49, subject t0 additional taxes, penalties, interest, and attorney’s fees that accrue subsequent to the filing 0f this petition. IV. A11 0f the taxes were authorized by law and legally imposed in the county in Which this suit is brought. The taxes were imposed in the amount(s) stated above 0n each separately described property for each year specified and on each person named, if known, who owned the property 0n January 1 0f the year for Which the tax was imposed. Plaintiff(s) now has and asserts a lien 0n each tract 0f real property and each item of personal property described herein to secure the payment of all taxes, penalties, interest and costs due. Pursuant t0 Rule 54 0f the Texas Rules 0f Civil Procedure, P1aintiff(s) affirmatively avers that allthings required by law t0 be done have been done properly by the appropriate officials and all conditions precedent have been met. V. A11 0f the property described above was, at the time the taxes were assessed, located Within the territorial boundaries 0f each taxing unit in Whose behalf this suit is brought. A11 Defendants named in this suit either owned the property that is the subject 0f this suit 0n January 1 0f the year in Which taxes were imposed on said property, 0r owned 0r claimed an interest in 0r lien upon said property at the time of the filing of this suit. The value of any personal property that may be described above, and against Which the tax lien is sought t0 be enforced, is in excess 0f FIVE HUNDRED AND NO/lOO DOLLARS ($500.00). VI. The Law Firm represented by the attorney Whose name is signed hereto is legally authorized and empowered to institute and prosecute this action on behalf 0f Plaintiff(s). Plaintiff(s) should recover attorney's fees as provided by law for the prosecution 0f this case, and such attorney's fees should be taxed as costs. VII. Plaintiff(s) may have incurred certain expenses in the form 0f abstractor’s costs in procuring data and information as t0 the name, identity and location of necessary parties, and in procuring necessary legal descriptions of the property that is the subject of this suit. Said expenses, if incurred, are reasonable and are in the following amount: $175.00. The abstractor's costs, if any be shown, should be taxed as costs herein. Suit No. T—0423—19-J Page 4 SuitKey No. 24595 12 Electronically Filed 3/18/2020 9:19 AM Hidalgo County District Clerks Reviewed By: Marshall Schuller PRAYER WHEREFORE, PREMISES CONSIDERED, P1aintiff(s) requests that citation be issued and served upon each Defendant named herein, commanding them to appear and answer herein in the time and manner required by law. Plaintiff(s) further prays, upon final hearing in this cause, for foreclosure 0f its liens against the above-described property securing the total amount of all delinquent taxes, penalties and interest, including taxes, penalties and interest becoming delinquent during the pendency 0f this suit, costs of court, attorney's fees, abstract fees, and expenses 0f foreclosure sale. P1aintiff(s) further prays for personal judgment against Defendant(s) Who owned the property on January 1 0f the year for which the taxes were imposed for alltaxes, penalties, interest, and costs that are due or Will become due on the property, together With attorney's fees and abstractor's fees. P1aintiff(s) further prays for: (1) the appropriate order 0f sale requiring the foreclosed property to be sold, free and clear 0f any right, title or interest owned 0r held by any of the named Defendants, at public auction in the manner prescribed by law, and (2) writs 0f execution, directing the sheriffs and constables for the State 0f Texas, to search out, seize, and sell sufficient property 0f the Defendant(s) against Whom personal judgment may be awarded to satisfy the lawful judgment sought herein. Finally, Plaintiff(s) prays for such other and further relief, at law 0r in equity, t0 Which it may show itselfjustly entitled. Respectfully submitted, LINEBARGER GOGGAN BLAIR & SAMPSON, LLP 15 12 S. Lone Star Way Edinburg, TX 78539 (956) 383-4500 (956) 383-7820 - FAX Lucy G. Canales State Bar N0. 08123075 Michael G. Cano State Bar N0. 24047724 Kelly Rivera Salazar State Bar No. 2404 1 785 Jaime Gonzalez State Bar N0. 24036654 Edinburg.Litigation@lgbs.com Attorney for Plaintiffs Suit No. T—0423—19-J Page 5 SuitKey No. 24595 12 Electronically Filed 3/18/2020 9:19 AM Hidalgo County District Clerks Reviewed By: Marshall Schuller CERTIFICATE OF SERVICE I hereby certify that a true and correct copy 0f the foregoing instrument has been delivered in the manner required by Rules 21 and 21a, Tex. R. CiV. Proc., t0 all parties 0r their attorneys in this cause, on the 18th day of March, 2020, addressed as follows: Socorro Nelly Martinez a/k/a Socorro N. Martinez Cedillo 2909 Nikki Ln. Edinburg, TX 78542 Cmrrr# 7019 2970 0002 0935 2338 Lucy G. Canales State Bar N0. 08123075 Michael G. Cano State Bar N0. 24047724 Kelly Rivera Salazar State Bar N0. 24041785 Jaime Gonzalez State Bar N0. 24036654 Edinburg.Litigation@lgbs.Com Attorney for Plaintiffs Suit No. T—0423—19-J Page 6 SuitKey No. 24595 12