Preview
Electronically Filed
12/16/2019 6:08 PM
Hidalgo County District Clerks
Reviewed By: Jesse Castillo
CAUSE NO, T-1761-19-C
OVATION SERVICES, LLC IN THE DISTRICT COURT
V. JUDICIAL DISTRICT
ELIZABETH GONZALEZ
CARRILLO, ET AL. HIDALGO COUNTY, TEXAS
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 delinquent ad valorem tax lien pursuant to sections 32.06(c), 32.065(c), and 33.41 of the
Texas Tax Code. Plaintiff would respectfully show the Court the following:
1 Plaintiff intends to conduct discovery under Level 2 of Rule 190.3 of the Texas Rules of
Civil Procedure.
2 Plaintiff is Ovation Services, LLC, a Texas limited liability company whose principal place
of business is 8401 Datapoint Dr., Ste. 1000, San Antonio, Texas 78229. Plaintiff
is authorized to
bring this suit by virtue of a written servicing 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 Texas Property Code § 51.0001(3).
3 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:
Elizabeth Carrillo, an individual who may be served at 213 Doherty Ave, Mission, TX 78572.
The United States of America (in rem only), upon whom service may be obtained by serving the
United States Attorney for the Southern District of Texas or one of the designated agents for
service of process, at 1000 Louisiana, Suite 2300, Houston, TX 77002 under the provisions of 28
US Code Sec 2410 in order to foreclose a lien on the Subject Property and seeking judicial sale
thereof. The United States of America acquired its interest by and through the Department of
Original Petition for Judicial Foreclosure of Transferred Tax Liens Page 1
Electronically Filed
12/16/2019 6:08 PM
Hidalgo County District Clerks
Reviewed By: Jesse Castillo
Treasury, Internal Revenue Service, by virtue of federal tax lien against prepared and signed at the
Nashville office and recorded in the Official Public Records, Harris County, Texas.
Pursuant to Fed. R. Civ. P. 4 (i)(2), service by certified mail, return receipt requested should be
made on the Attorney General of the United States, Department of Justice ,950 Pennsylvania
Ave. N , Washington, DC 20530 and the Internal Revenue Service, 1111 Constitution Ave. NW
, Washington, DC 20224
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 following described property located in the county in which this suit is
brought, are joined as Defendants.
4 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:
City of Mission, Drainage District #1, Hidalgo County, South Texas College, Mission
ISD, South Texas School.
Each of the foregoing is invited to add its claim, if any, by intervening herein.
2 Jurisdiction and venue are proper in this Court because the Property is located in this
county.
6 Delinquent taxes, penalties, interest, and costs are justly due, owing and unpaid to the
Plaintiff for the property described below (the “Property”):
Legal Description: LOT TEN (10), BLOCK FIFTY (50), ORIGINAL TOWNSITE OF
MISSION, HIDALGO COUNTY, TEXAS, AS PER MAP OR PLAT THEREOF
RECORDED IN VOLUME 0, PAGES 49-50, MAP RECORDS, HIDALGO COUNTY.
TEXAS.
Street Address: 213 Doherty St, Mission, TX 78572
Tax Account: M5200-00-050-0010-00
7
On February 21, 2018, Defendant(s) executed a promissory note in favor of Alterna Tax,
LLC (the “Note”). The Note was in the original principal amount of $4,571.61 and evidenced in
the real property records by a Texas Tax Code § 32.065 contract for the payment of taxes recorded
under Document No. 2893640 in the Official Public Records of Hidalgo County, Texas (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
Original Petition for Judicial Foreclosure of Transferred Tax Liens Page 2
Electronically Filed
12/16/2019 6:08 PM
Hidalgo County District Clerks
Reviewed By: Jesse Castillo
and recorded pursuant to Texas Tax Code § 32.06(b) in the Official Public Records of Hidalgo
County, Texas.
8 The liens sought to be foreclosed are transferred ad valorem tax liens and not liens
prohibited by article XVI, section 50 of the Texas Constitution. Said transferred tax liens were
legally levied by their respective taxing units against the Property and the owners of the Property
on January | of the year for which the tax was imposed in accordance with article VIII, section 15
of the Texas Constitution.
9 Plaintiff seeks a monetary judgment against Defendant(s) for all amounts it is owed under
the Agreement, as well as foreclosure of the transferred tax liens on the Subject Property. 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.
10. 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.
ll. 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(s) and joined taxing units, a
final hearing be held where it recovers the following:
A. Personal judgment against Defendant(s), other than those designated as in rem, for all
amounts due and unpaid under the Agreement including unpaid principal, penalties,
interest, attorney’s fees, and costs, including all costs of court and abstractor’s fees, that
are due or will become due;
Original Petition for Judicial Foreclosure of Transferred Tax Liens Page 3
Electronically Filed
12/16/2019 6:08 PM
Hidalgo County District Clerks
Reviewed By: Jesse Castillo
Judgment declaring that the tax liens subject to this suit are first, prior and/or superior to
any other interest in said property held by the named Defendant(s) in accordance with
applicable law.
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.
Issuance of an order of sale and/or execution on the Subject Property; and
Judgment granting all further relief to which Plaintiff may be entitled.
Respectfully submitted,
CREEL Law Group, PLLC
4301 Westbank Drive, Bldg. B, Suite 220
Austin, Texas 78746
Tel: (512) 666-3490
Fax: (512) 329-5818
info@creellawgroup.com
«
Qy “
Lo
State Bar. No. 05900500
Attorneys for Plaintiff
Original Petition for Judicial Foreclosure of Transferred Tax Liens Page 4
Preview
Electronically Filed 12/16/2019 6:08 PM Hidalgo County District Clerks Reviewed By: Jesse Castillo CAUSE NO, T-1761-19-C OVATION SERVICES, LLC IN THE DISTRICT COURT V. JUDICIAL DISTRICT ELIZABETH GONZALEZ CARRILLO, ET AL. HIDALGO COUNTY, TEXAS 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 delinquent ad valorem tax lien pursuant to sections 32.06(c), 32.065(c), and 33.41 of the Texas Tax Code. Plaintiff would respectfully show the Court the following: 1 Plaintiff intends to conduct discovery under Level 2 of Rule 190.3 of the Texas Rules of Civil Procedure. 2 Plaintiff is Ovation Services, LLC, a Texas limited liability company whose principal place of business is 8401 Datapoint Dr., Ste. 1000, San Antonio, Texas 78229. Plaintiff is authorized to bring this suit by virtue of a written servicing 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 Texas Property Code § 51.0001(3). 3 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: Elizabeth Carrillo, an individual who may be served at 213 Doherty Ave, Mission, TX 78572. The United States of America (in rem only), upon whom service may be obtained by serving the United States Attorney for the Southern District of Texas or one of the designated agents for service of process, at 1000 Louisiana, Suite 2300, Houston, TX 77002 under the provisions of 28 US Code Sec 2410 in order to foreclose a lien on the Subject Property and seeking judicial sale thereof. The United States of America acquired its interest by and through the Department of Original Petition for Judicial Foreclosure of Transferred Tax Liens Page 1 Electronically Filed 12/16/2019 6:08 PM Hidalgo County District Clerks Reviewed By: Jesse Castillo Treasury, Internal Revenue Service, by virtue of federal tax lien against prepared and signed at the Nashville office and recorded in the Official Public Records, Harris County, Texas. Pursuant to Fed. R. Civ. P. 4 (i)(2), service by certified mail, return receipt requested should be made on the Attorney General of the United States, Department of Justice ,950 Pennsylvania Ave. N , Washington, DC 20530 and the Internal Revenue Service, 1111 Constitution Ave. NW , Washington, DC 20224 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 following described property located in the county in which this suit is brought, are joined as Defendants. 4 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: City of Mission, Drainage District #1, Hidalgo County, South Texas College, Mission ISD, South Texas School. Each of the foregoing is invited to add its claim, if any, by intervening herein. 2 Jurisdiction and venue are proper in this Court because the Property is located in this county. 6 Delinquent taxes, penalties, interest, and costs are justly due, owing and unpaid to the Plaintiff for the property described below (the “Property”): Legal Description: LOT TEN (10), BLOCK FIFTY (50), ORIGINAL TOWNSITE OF MISSION, HIDALGO COUNTY, TEXAS, AS PER MAP OR PLAT THEREOF RECORDED IN VOLUME 0, PAGES 49-50, MAP RECORDS, HIDALGO COUNTY. TEXAS. Street Address: 213 Doherty St, Mission, TX 78572 Tax Account: M5200-00-050-0010-00 7 On February 21, 2018, Defendant(s) executed a promissory note in favor of Alterna Tax, LLC (the “Note”). The Note was in the original principal amount of $4,571.61 and evidenced in the real property records by a Texas Tax Code § 32.065 contract for the payment of taxes recorded under Document No. 2893640 in the Official Public Records of Hidalgo County, Texas (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 Original Petition for Judicial Foreclosure of Transferred Tax Liens Page 2 Electronically Filed 12/16/2019 6:08 PM Hidalgo County District Clerks Reviewed By: Jesse Castillo and recorded pursuant to Texas Tax Code § 32.06(b) in the Official Public Records of Hidalgo County, Texas. 8 The liens sought to be foreclosed are transferred ad valorem tax liens and not liens prohibited by article XVI, section 50 of the Texas Constitution. Said transferred tax liens were legally levied by their respective taxing units against the Property and the owners of the Property on January | of the year for which the tax was imposed in accordance with article VIII, section 15 of the Texas Constitution. 9 Plaintiff seeks a monetary judgment against Defendant(s) for all amounts it is owed under the Agreement, as well as foreclosure of the transferred tax liens on the Subject Property. 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. 10. 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. ll. 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(s) and joined taxing units, a final hearing be held where it recovers the following: A. Personal judgment against Defendant(s), other than those designated as in rem, for all amounts due and unpaid under the Agreement including unpaid principal, penalties, interest, attorney’s fees, and costs, including all costs of court and abstractor’s fees, that are due or will become due; Original Petition for Judicial Foreclosure of Transferred Tax Liens Page 3 Electronically Filed 12/16/2019 6:08 PM Hidalgo County District Clerks Reviewed By: Jesse Castillo Judgment declaring that the tax liens subject to this suit are first, prior and/or superior to any other interest in said property held by the named Defendant(s) in accordance with applicable law. 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. Issuance of an order of sale and/or execution on the Subject Property; and Judgment granting all further relief to which Plaintiff may be entitled. Respectfully submitted, CREEL Law Group, PLLC 4301 Westbank Drive, Bldg. B, Suite 220 Austin, Texas 78746 Tel: (512) 666-3490 Fax: (512) 329-5818 info@creellawgroup.com « Qy “ Lo State Bar. No. 05900500 Attorneys for Plaintiff Original Petition for Judicial Foreclosure of Transferred Tax Liens Page 4