R-2016-14 Resolution Authorizing The Public Resale Of Property Acquired Through Tax Foreclosure By The Constable of Harris County

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ORDER OF SALE IN TAX SUIT TRfi !- =x' THE STATE OF TEXAS TO: ANY SHERIFF OR ANY CONSTABLE WITHIN THE STATE OF TEXAS; GREETING: , K WHEREAS, In the suit set forth below, Plaintiff, recovered a judgment of foreclosure on delinquent taxes, penalties, interest, costs and expenses of suit and sale, in those amounts and on the date as shown and fully set forth in such judgment, a copy of which is attached hereto and incorporated by reference; WHEREAS, the Judgement constituted a foreclosure of the lien for taxes due to the Plaintiff upon the property described in such Judgment; WHEREAS, the suit on which the Judgment is based is identified as follows, suclr judgment also providing for the recovery of all court costs and expenses of suit as shown: Cause No. 2005-02538; CITY OF LA PORTE VS. DOUGLASS, DAVID F. See attached true and correct copy of judgment signed on MAY 9, 2006 recorded in Volume and Page Number and/or Image No. 21822604 of the Minutes of the District Court, for the following matter; a) taxes, penalties, interest, attorney fees, abstractors' fees, attorney ad iitem fees and Tax Master fee recovered by said judgment; b) description of the property foreclosed by said judgment; and c) the adjudged market value of said property as fixed in the judgment, all of which matters are incorporated herein by reference. Also see attached Bill of Costs, same being incorporated herein by reference. THEREFORE, WITH RESPECT TO THE JUDGMENT OF PLAINTIFFS) AND/OR INTERVENORS, YOU ARE HEREBY COMMANDED to proceed to seize, levy upon, and advertise for sale under Execution tire property described in said judgment and sell the same to the highest bidder (hereinafter called "Purchaser") for cash, pursuant to Sections 34.01 and 33.50 of the Texas Property Tax Code. It is further specified herein that the property may be sold to a taxing unit that is party to the suit or to any other person, other than a person owning an interest in the property or any party to the suit that is not a taxing unit, for the adjudged value of the property as stated in the judgment or the aggregate amount of the judgments against the property, whichever is less. You are further commanded that the property may not be sold to a person owning an interest in the property or to a person who is a party to the suit other than a taxing unit unless (1) that person is the highest bidder at the tax sale, and (2) the amount bid by that person is equal to or greater than the aggregate amount of the judgment against the property, including all costs of the suit and sale. You are further commanded to make such sale subject to the right of the Defendants) to redeem the property pursuant to Section 34.21 of the Texas Property Tax Code; and, further, you are commanded to make to the Purchaser, or the Purchaser's designee, your Deed thereto, subject to said right of redemption. You are further commanded to place the Purchaser, or the Purchaser's designee, in possession of the property so sold in accordance with the provisions of said Judgment, attached hereto. You are commanded to apply the proceeds of such sale to the payment of the judgment of Plaintiff, plus the interest, penalties, costs and expenses of suit, and attorney's fees as set out in said judgment, and further, there be, shall be paid to the Clerk of the District Court to be retained by said Clerk, subject to the order of said Court, in accordance with the statutes of the State of Texas. HEREIN FAIL NOT, and make due return of this Writ within 180 days from tite issuance hereof, with your endorsement thereon showing how you have executed the same. ISSUED UNDER MY HAND and seat of Office at Houston, Texas this E�Iday of �, 204 - Issued at the request of: Charles Bacarisse, District Clerk Terry G. Wiseman Harris County, Texas Perdue, Brandon, Fielder, Collins & Mott, L.L.P. 1235 North Loop West, Suite 600 By Houston, Texas 77008 Deputy