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Home My WebLink AboutR-2010-07 public resale of real property acquired by City of La Porte/tax foreclosure by constable of Harris County/1702 S Broadway St. 7 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 28. 2010 Appropriation Requested By: Kathv Powell Source of Funds: Department: Finance Account Number: Report: Resolution: -X-Ordinance: Amount Budgeted: Exhibits: Resolutions Amount Requested: Exhibits: Tax Codes Sect 34.05 (a) (c) (d) t Budgeted Item: (YES) NO Exhibits: SUMMARY & RECOMMENDATION If a property is sold or struck off to a taxing unit that is party to the judgment, the taxing unit may sell the property at any time by public or private sale. The City of La Porte has had these properties on our public resale list for more than an adequate amount of time and there has been no interest in purchasing the property at the minimum bid amount set by the judgment; at this time we are asking the city council to pass a resolution to lower the minimum bid so that we can have a second public sale by the constables office and hopefully get an interested party that will purchase these properties so that they can be taxable again; or even develop the properties. Section 34.05 (c) The taxing unit purchasing the property by resolution of its governing body may request the sheriff or a constable to sell the property at a public sale. If the purchasing taxing unit has not sold the property within six months after the date on which the owner's right of redemption terminates (these properties have past the redemption period), any taxing unit that is entitled to receive proceeds of the sale by resolution of its governing body may request the sheriff or a constable in writing to sell the property at a public sale. On receipt of a request made under this subsection, the sheriff or constable shall sell the property at a public sale as provided by Subsection (d). The minimum bid was arrived at by either the amount of costs in the judgment or a percentage of the HCAD value. The goal is to get the property back on the tax roll as taxable property. P054 - Lots 7,8 & 9 Block 790 Town of La Porte (30% of HCAD value) P059 - Trs 26 through 32 Block 1446 Town of La Porte (Costs - Tanks in the ground) P086 - Lot 6 Block 6 Brookglen Section I RIP (Approximate Costs) PI18 - Lot 4 & SI8ft of Lot 3 & NI4ft of Lot 5 Block 178 Town of La Porte (Approximate Costs) PI43 - Lots 51 & 52 Block 24 Bayfront to La Porte (Approximate Costs) P195 - Tr 5B Abst 5 E Brinson (Approximate Costs - Land Locked) P198 - Lots 3 & 4 Block 89 Town of La Porte (Approximate Costs) Action Required bv Council: r approval of the Resolutions authorizing the constable's office to hold a second public sale on the properties ove. Ron Bottoms, City Manager Date RESOLUTION NO. 2010- 01 A RESOLUTION AUTHORIZING THE PUBLIC RESALE OF PROPERTY ACQUIRED THROUGH TAX FORECLOSURE BY THE CONSTABLE OF HARRIS COUNTY. On the 28th day of June 2010, at the regularly scheduled meeting of the City Council of the City of La Porte, a motion was duly made and seconded for the City of La Porte to resell property described on Exhibit "A" attached hereto, which was acquired through tax foreclosure proceedings. The City of La Porte requests that the Constable of Harris County conduct such sale in accordance with Section 34.05 (a), (c) and (d), Property Tax Code, and that such sale be held at the earliest available date in accordance with the laws of the State of Texas; and further that the City of La Porte notify the Constable that it would not object to a sale price of such property in the sum of: See Exhibit "A". Discussion amongst the City Council was then conducted, and upon completion of the same the Mayor of the City of La Porte called a vote on the motion, and the same was passed by majority. Now therefore: BE IT RESOLVED by the City Council of the City of La Porte, Texas, that the City of La Porte offer for resale, in accordance with Section 34.05 (a), (c) and (d), Property Tax Code, the property described on Exhibit "A" and that the Constable is hereby requested to conduct such sale in accordance with such statutes at the earliest possible date and further, that a minimum acceptable sale price for such property is as set forth on Exhibit "A". Passed by the City Council 28th day of June, 2010. CITU:~A~ Daryl~, Mayor Pro-Tern ,ATTEST: ~4. MIP M a A. Gillett, City Secretary AP~ dfi ;:-~ Clar AsKins, Assistant City Attorney EXlllBIT "A" Legal Description: LOTS 26, 27, 28, 29,30,31, AND 32, ALL IN BLOCK 1446 OF THE TOWN OF LA PORTE IN HARRIS COUNTY, TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 72, PAGE 5 OF THE DEED RECORDS OF HARRIS COUNTY CONVEYED BY MRS. E.J. WILDER AND HUSBAND, lW. WILDER, TO THE STATE OF TEXAS FOR ROAD PURPOSES BY INSTRUMENT RECORDED IN VOLUME 1003,301 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS. Minimum Bid: $2,000.00. ;i ~ 34.04 PROPERTY TAX CODE (F) the amount of the claim to excess proceeds in the registry of the court; (G) that the assignor or transferor has made no other assignments or transfers of the assignor's or transferor's claim to the excess proceeds; (H) that the assignor or transferor knows that the assignor or transferor may retain counsel; and (I) that the consideration was paid in full on the date of the assignment or transfer and that the consideration paid was an amount equal to at least 80 percent of the amount of the assignor's or transferor's claim to the excess proceeds. (g) An assignee or transferee who obtains excess proceeds without complying with Subsec- tion (f) is liable to the assignor or transferor for the amount of excess proceeds obtained plus attorney's fees and expenses. An assignee or transferee who attempts to obtain excess proceeds without complying with Subsection (f) is liable to the assignor or transferor for attorney's fees and expenses. (h) An assignee or transferee who files a petition setting forth a claim to excess proceeds must attach a copy of the assignment or transfer document and produce the original of the assignment or transfer document in court at the hearing on the petition. If the original assignment or transfer document is lost, the assignee or transferee must obtain the presence of the assignor or transferor to testify at the hearing. In addition, the assignee or transferee must produce at the hearing the original of any evidence verifying the payment of the consideration given for the assignment or transfer. If the original of any evidence of the payment is lost or if the payment was in cash, the assignee or transferee must obtain the presence of the assignor or transferor to testify at the hearing. (i) A fee charged by an attorney to obtain excess proceeds for an owner may not be greater than 25 percent of the amount obtained or $1,000, whichever is less. A person who is not an attorney may not charge a fee to obtain excess proceeds for an owner. (j) The amount of the excess proceeds the court may order be paid to an assignee or transferee may not exceed 125 percent of the amount the assignee or transferee paid the assignor or transferor on the date of the assignment or transfer. Acts 1979, 66th Leg., p. 2298, ch. 841, ~ 1, eff. Jan. 1, 1982. Amended by Acts 1983, 68th Leg., p. 4829, ch. 851, ~ 26, eff. Aug. 29, 1983; Acts 1999, 76th Leg., ch. 1185, ~ 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1481, ~ 26, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1420, ~ 18.007, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1430, ~ 27, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 319, ~ 10, eff. June 18, 2003; Acts 2009, 81st Leg., ch. 254, ~ 2, eff. Sept. 1, 2009. ~ 34.05. Resale by Taxing Unit (a) If property is sold to a taxing unit that is a party to the judgment, the taxing unit may sell the property at any time by public or private sale. In selling the property, the taxing unit may, but is not required to, use the procedures provided by Section 263.001, Local Government Code, or Section 272.001, Local Government Code. The sale is subject to any right of redemption of the former owner. The redemption period begins on the date the deed to the taxing unit is filed for record. (b) Property sold pursuant to Subsections (c) and (d) of this section may be sold for any amount. This subsection does not authorize a sale of property in violation of Section 52, Article III, Texas Constitution. (c) The taxing unit purchasing the property by resolution of its governing body may request the sheriff or a constable to sell the property at a public sale. If the purchasing taxing unit has not sold the property within six months after the date on which the owner's right of redemption terminates, any taxing unit that is entitled to receive proceeds of the sale by resolution of its governing body may request the sheriff or a constable in writing to sell the property at a public sale. On receipt of a request made under this subsection, the sheriff or constable shall sell the property as provided by Subsection (d), unless the property is sold under Subsection (h) or (i) before the date set for the public sale. (d) Except as provided by this subsection, all public sales requested as provided by Subsection (c) shall be conducted in the manner prescribed by the Texas Rules of Civil Procedure for the sale of property under execution. The notice of the sale must contain a description of the property to be sold, the number and style of the suit under which the property was sold at the tax foreclosure sale, and the date of the tax foreclosure sale. The 294 COLLECTIONS AND DELINQUENCY ~ 34.051 description of the property in the notice is sufficient if it is stated in the manner provided by Section 34.01(1). If the commissioners court of a county by order specifies the date or time at which or location in the county where a public sale requested under Subsection (c) shall be conducted, the sale shall be conducted on the date and at the time and location specified in the order. The acceptance of a bid by the officer conducting the sale is conclusive and binding on the question of its sufficiency. An action to set aside the sale on the grounds that the bid is insufficient may not be sustained in court, except that a taxing unit that participates in distribution of proceeds of the sale may file an action before the first anniversary of the date of the sale to set aside the sale on the grounds of fraud or collusion between the officer making the sale and the purchaser. On conclusion of the sale, the officer making the sale shall prepare a deed to the purchaser. The taxing unit that requested the sale may elect to prepare a deed for execution by the officer. If the taxing unit prepares the deed, the officer shall execute that deed. An officer who executes a deed prepared by the taxing unit is not responsible or liable for any inconsistency, error, or other defect in the form of the deed. As soon as practicable after a deed is executed by the officer, the officer shall either file the deed for recording with the county clerk or deliver the executed deed to the taxing unit that requested the sale, which shall file the deed for recording with the county clerk. The county clerk shall file and record each deed under this subsection and after recording shall return the deed to the grantee. (e) The presiding officer of a taxing unit selling real property under Subsection (h) or (i), under Section 34.051, or under Section 253.010, Local Government Code, or the sheriff or constable selling real property under Subsections (c) and (d) shall execute a deed to the property conveying to the purchaser the right, title, and interest acquired or held by each taxing unit that was a party to the judgment foreclosing tax liens on the property. The conveyance shall be made subject to any remaining right of redemption at the time of the sale. (1) An action attacking the validity of a resale of property pursuant to this section may not be instituted after the expiration of one year after the date of the resale. (g) A taxing unit to which property is bid off may recover its costs of upkeep, maintenance, and environmental cleanup from the resale proceeds without further court order. (h) In lieu of a sale pursuant to Subsections (c) and (d) of this section, the taxing unit that purchased the property may sell the property at a private sale. Consent of each taxing unit entitled to receive proceeds of the sale under the judgment is not required. Property sold under this subsection may not be sold for an amount that is less than the lesser of: (1) the market value specified in the judgment of foreclosure; or (2) the total amount of the judgments against the property. (i) In lieu of a sale pursuant to Subsections (c) and (d) of this section, the taxing unit that purchased the property may sell the property at a private sale for an amount less than required under Subsection (h) of this section with the consent of each taxing unit entitled to receive proceeds of the sale under the judgment. This subsection does not authorize a sale of property in violation of Section 52, Article III, Texas Constitution. Acts 1979, 66th Leg., p. 2298, ch. 841, ~ 1, eff. Jan. 1, 1982. Amended by Acts 1983, 68th Leg., p. 4829, ch. 851, ~ 27, eff. Aug. 29, 1983; Acts 1995, 74th Leg., ch. 499, ~ 1, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 310, ~ 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 712, ~~ 3,4, eff. June 17, 1997; Acts 1997, 75th Leg., ch. 906, ~ 9, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 1111, ~~ 5, 8, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1136, ~ 2, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1192, ~ 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1481, ~~ 27 to 29, 42(2), eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1430, ~ 28, eff. Sept. 1, 2001. ~ 34.051. Resale by Taxing Unit for the Purpose of Urban Redevelopment (a) A municipality is authorized to resell tax foreclosed property for less than the market value specified in the judgment of foreclosure or less than the total amount of the judgments against the property if consent to the conveyance is evidenced by an interlocal agreement between the municipality and each taxing unit that is a party to the judgment, provided, however, that the interlocal agreement complies with the requirements of Subsection (b). (b) Any taxing unit may enter into an interlocal agreement with the municipality for the resale of tax foreclosed properties to be used for a purpose consistent with the municipality's urban redevelopment plans or the municipality's affordable housing policy. If the tax 295 ~ 34.051 PROPERTY TAX CODE foreclosed property is resold pursuant to this section to be used for a purpose consistent with the municipality's urban redevelopment plan or affordable housing policy, the deed of conveyance must refer to or set forth the applicable terms of the urban redevelopment plan or affordable housing policy. Any such interlocal agreement should include the following: (1) a general statement and goals of the municipality's urban redevelopment plans or affordable housing policy, as applicable; (2) a statement that the interlocal agreement concerns only tax foreclosed property that is either vacant or distressed and has a tax delinquency of six or more years; (3) a statement that the properties will be used only for a purpose consistent with an urban redevelopment plan or affordable housing policy, as applicable, that is primarily aimed at providing housing for families of low or moderate income; (4) a statement that the principal goal of the interlocal agreement is to provide an efficient mechanism for returning deteriorated or unproductive properties to the tax rolls, enhancing the value of ownership to the surrounding properties, and improving the safety and quality of life in deteriorating neighborhoods; and (5) a provision that all properties are sold subject to any right of redemption. (c) The deed of conv€yance of property sold under this section conveys to the purchaser the right, title, and interest acquired or held by each taxing unit that was a party to the judgment of foreclosure, subject to any remaining right of redemption at the time of the sale. (d) An action attacking the validity of a sale of property pursuant to this section may not be instituted after the expiration of one year after the date of the sale and then only after the unconditional tender into the registry of the court of an amount equal to all taxes, penalties, interest, costs, and post-judgment interest of all judgments on which the original foreclosure sale was based. Added by Acts 1997, 75th Leg., ch. 1136, ~ 3, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 819, ~ 1, eff. June 14,2001; Acts 2001, 77th Leg., ch. 1430, ~ 29, eff. Sept. 1,2001. ~ 34.06. Distribution of Proceeds of Resale (a) The proceeds of a resale of property purchased by a taxing unit at a tax foreclosure sale shall be paid to the purchasing taxing unit. (b) The proceeds of the resale shall be distributed as required by Subsections (c)-(e). (c) The purchasing taxing unit shall first retain an amount from the proceeds to reimburse the unit for reasonable costs, as defined by Section 34.21, incurred by the unit for: (1) maintaining, preserving, and safekeeping the property; (2) marketing the property for resale; and (3) costs described by Subsection (t). (d) After retaining the amount authorized by Subsection (c), the purchasing taxing unit shall then pay all costs of the suit and the sale of the property in the same manner and in the same order of priority as provided by Sections 34.02(b)(1)-(5). (e) After making the distribution under Subsection (d), any remaining balance of the proceeds shall be paid to each taxing unit participating in the sale in an amount equal to the proportion each participant's taxes, penalties, and interest bear to the total amount of taxes, penalties, and interest adjudged to be due all participants in the sale. (t) The purchasing taxing unit is entitled to recover from the proceeds of a resale of the property any cost incurred by the taxing unit in inspecting the property to determine whether there is a release or threatened release of solid waste from the property in violation of Chapter 361, Health and Safety Code, or a rule adopted or permit or order issued by the Texas Natural Resource Conservation Commission under that chapter, or a discharge or threatened discharge of waste or a pollutant into or adjacent to water in this state from a point of discharge on the property in violation of Chapter 26, Water Code, or a rule adopted or permit or order issued by the commission under that chapter, and in taking action to remove or remediate the release or threatened release or discharge or threatened discharge regardless of whether the taxing unit: (1) was required by law to incur the cost; or 296 COLLECTIONS AND DELINQUENCY ~ 34.08 (2) obtained the consent of each taxing unit entitled to receive proceeds of the sale under the judgment of foreclosure to incur the cost. Acts 1979, 66th Leg., p. 2299, ch. 841, ~ 1, eff. Jan. 1, 1982. Amended by Acts 1997, 75th Leg., ch. 38, ~ 1, eff. May 5, 1997; Acts 1997, 75th Leg., ch. 906, ~ 10, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 914, ~ 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1481, ~ 30, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 319, ~ 11, eff. June 18, 2003. ~ 34.07. Subrogation of Purchaser at Void Sale (a) The purchaser at a void or defective tax sale or tax resale is subrogated to the rights of the taxing unit in whose behalf the property was sold or resold to the same extent a purchaser at a void or defective sale conducted in behalf of a judgment creditor is subrogated to the rights of the judgment creditor. (b) Except as provided by Subsection (c), the purchaser at a void or defective tax sale or tax resale is subrogated to the tax lien of the taxing unit in whose behalf the property was sold or resold to the same extent a purchaser at a void or defective mortgage or other lien foreclosure sale is subrogated to the lien of the lienholder, and the purchaser is entitled to a reforeclosure of the lien to which the purchaser is subrogated. (c) If the purchaser at a void or defective tax sale or tax resale paid less than the total amount of the judgment against the property, the purchaser is subrogated to the tax lien only in the amount the purchaser paid at the sale or resale. (d) In lieu of pursuing the subrogation rights provided by this section to which a purchaser is subrogated, a purchaser at a void tax sale or tax resale may elect to file an action against the taxing units to which proceeds of the sale were distributed to recover an amount from each taxing unit equal to the distribution of taxes, penalties, interest, and attorney's fees the taxing unit received. In a suit filed under this subsection, the purchaser may include a claim for, and is entitled to recover, any excess proceeds of the sale that remain on deposit in the registry of the court or, in the alternative, is entitled to have judgment against any party to whom the excess proceeds have been distributed A purchaser who files a suit authorized by this subsection waives all rights of subrogation otherwise provided by this section. This subsection applies only to an original purchaser at a tax sale or resale and only if that purchaser has not subsequently sold the property to another person. (e) If the purchaser prevails in a suit filed under Subsection (d), the court shall expressly provide in its final judgment that: (1) the tax sale is vacated and set aside; and (2) any lien on the property extinguished by the tax sale is reinstated on the property effective as of the date on which the lien originally attached to the property. (f) A suit filed against the taxing units under Subsection (d) may not be maintained unless the action is instituted before the first anniversary of the date of sale or resale. In this subsection: (1) "Date of sale" means the first Tuesday of the month on which the sheriff or constable conducted the sale of the property under Section 34.0I. (2) "Date of resale" means the date on which the grantor's acknowledgment was taken or, in the case of multiple grantors, the latest date of acknowledgment by the grantors as shown in the deed. Acts 1979, 66th Leg., p. 2299, ch. 841, ~ 1, eff. Jan. 1, 1982. Amended by Acts 1999, 76th Leg., ch. 1481, ~ 31, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1430, ~ 30, eff. Sept. 1,2001. ~ 34.08. Challenge to Validity of Tax Sale (a) A person may not commence an action that challenges the validity of a tax sale under this chapter unless the person: (1) deposits into the registry of the court an amount equal to the amount of the delinquent taxes, penalties, and interest specified in the judgment of foreclosure obtained against the property plus all costs of the tax sale; or (2) files an affidavit of inability to pay under Rule 145, Texas Rules of Civil Procedure. (b) A person may not commence an action challenging the validity of a tax sale after the time set forth in Section 33.54(a)(l) or (2), as applicable to the property, against a subsequent 297 SUMMARY OF FORECLOSURE ACTIVITY HCAD ACCOUNT NO: 024-299-046-0026 Property Struck off for: Taxes CAUSE NO: 1998-56587 PLAINTIFF(S): City of La Porte & La Porte Independent School District JUDGMENT AGAINST: Mi-Dan Auto care Inc JUDGMENT DATE: April 9, 1999 STRUCK OFF DATE: July 6, 1999 ORDER OF SALE: April 30, 1999 DEED RECORDED DATE: August 17,1999 STRUCK OFF TO: City of La Porte CONSTABLE: Bill Bailey, Constable Precint No 8 PROPERTY ADDRESS: 1702 S Broadway Street LEGAL DESCRIPTION: Trs 26 thru 32 Block 1446 Town of La Porte ADJUDGED VALUE ( IN JUDGMENT): $20,940.00 SQUARE FOOTAGE: 20,125 SUMMARY OF SALE ACTIVITY BIDDER: AMOUNT OF BID: AMOUNT OF DEPOSIT: AMOUNT DUE: BIDDER'S ADDRESS: $2,000.00 $200.00 $1,800.00 BIDDER'S PHONE NO: PRORATED PERCENTAGED OF TAXES DUE TO EACH JURISDICTION BASED UPON JUDGMENT COUNTY, ET JUDGMENT TO AL. % SCHOOL % CITY % TOTAL AMOUNT DUE $4,358.27 23.35% $9,293.73 49.79% $5,012.34 26.86% $18,664.34 CONSTABLE! ESTIMATED AMOUNT AMOUNT OF COURT PUBLICATION FEE AD LITEM RESEARCH FEE & TO BE PRORATED TO BID COST (TISD) FEE DEED RECORDING FEE TAXES $2,000.00 $283.00 $470.00 $900.00 $250.00 $97.00 ASSOCIATED COSTS ON ORIGINAL AND SEALED BID SALES OWED TO COUNTY % SCHOOL % CITY % TOTAL PRORATED AMOUNT $22.65 23.35% $48.30 49.79% $26.05 26.86% $97.00 PRORATED TAX AMOUNTS TO EACH JURISDICTION Amount of Bid: Costs: $2,000.00 Total: $233.00 $50.00 Mike Landrum $0.00 $470.00 $250.00 $0.00 $900.00 Jeff Klemm $97.00 -District Clerk -Tax Master -Constable Fee -Publication -Abstract Fee -Cost -Ad Litem Fee Taxing Jurisdictions: City of La Porte La Porte ISD Harris County San Jacinto CCD State of Texas Amount in Judgment: $5,012.34 $9,293.73 $3,735.56 $622.71 $0.00 $18,664.34 % 26.86% 49.79% 20.01% 3.34% 0.00% 100.00% Amount Received $26.05 $48.30 $19.41 $3.24 $0.00 $97.00 Costs + Taxes $20,567.34 Adjudged Value $ 20,940.00 P059 TAX RESALE PROPERTY HeAD #: 0242990460026 Property ID: N/A Leasl Description: TRS 26 THRU 32 BLK 1446 LA PORTE 14 Page 1 of 1 CustomCAMA WebRDE CAMA D@tail Navigate Search - . ill ! Tax Year: Summary I Appraised I Alternate Cost * Noticed 2010 Summary Primary Method: Land: Building: XFOB: New Construction: 2010 NH Group: 0 Neighborhood: 9701 Legal Description TRS 26 THRU 32 BlK 1446 LA PORTE Site Address 1702 S BROADWAY ST,LA PORTE 77571 AKA: Mall To: Account#:024-299~6-0026 Property Use: I Xi I Governmental Exempt Ownershi : Notice $43,750 $0 $0 $0 ~; Owner Address CAUSE #98-56587 PO BOX 1115 LA PORTE, TX 77572-1115 $43,750 $0 Total Market: Cap Reduction: $43,750 Total Appraised: New Owner Date: 1/1/2000 6/14/2010 http://webrde.hcad.org/info.asp?strap=0242990460026&ty=20 1 0 HeAD: Appraisal Record Detail . Page 1 of 1 Real: Account Number Address Owner Name Advanced Personal: Account Number Address Owner Name Advanced Real Property Account HCAD Account # : 0242990460026 Tax Year: 1999 Owner Name : MI DAN AUTO CARE INC Owner Address: 484 ROSEVALE AVE RONKONKOMA NY 11779-3051 Property Address: 17025 BROADWAY ST LA PORTE TX 77571 Legal Description: TRS 26 THRU 32 BLK 1446 LA PORTE State Class Code: F1 -- Real, Commercial Homestead Exemption : -- Special Exemption: -- Jurisdiction Codes: 020 040 047 071 Overlapping CAD: No Capped Account: No Notice Date: 04/23/1999 ARB Approved: 08/13/1999 Value Status: All Values Certified Your taxes will be based on Appraised Value, less applicable exemptions, if any. Use market value for comparison with your neighbors. Valuation: Previous Change Appraised Market Value Value Land: 20,940 940 21,880 Improvement: 20,820 -2,020 18,800 Ag{TmbrjSpc : 0 0 0 Total Value: 41,760 -1,080 40,680 Note: For any problems or questions with any account, please email Account Questions with the account number (if you have it) and the nature of the problem or question. For technical questions (and technical questions only), please email the webmaster. Home Records Maps Forms Links Index New! Home ~.:- =~.I ,~l.= Maps Forms Links Index New: http://data.hcad.org/cgi-bin/AV/AVDetai1.asp?acct=0242990460026 3/22100 25 a I. ;15 TREET (J) ..... 25rSTJV2S 2S~~~:2S~:Z5 25::Z5'2fl'25 2S ';:c1 25 25'2:' 2~'2S 2S'<i!tl':t~ 2S 25 D ,......' '::,...... 1(0 1(X] I-.J 1m 1()1'~ ,<;,.:) 'N 1- ~ ~;.p. 1- 10- I:: 'e; Ire Ice l-J 1m ltJ'l'....It,.:lIN r- rW' 1 ,01 , t 1 1 I I I , I ,c;..J,N1", I I /J I I 1 I II I I I J , I I 1 I I r;-:ci -- ,," 1 11\ rt-, , J 1 1-- en , ~ J I I , , I , , I I I u;" r I ! 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MI-DAN Auro CARE, INC. AKA M1DAN AUTO CARE, INC., A DEFUNCT NEW YORK CORPORATION DEFENDANT VS. \0 .... o STATE OF lEXAS, COUN1Y OF HARRIS SAN JACINTO COMMUNITY COLLEGE DISTRICf Q) ~ p... I If) If) - <'"l - - <'"l ,~ ::c ::3 p... Q) ;S .s Q) ca s:: '8 Q) '" '" is '0 Z o Q I JUDGMENT -. p~ Ie L8 ) IJ { IN TIlE DISTRICf COURT OF { { { { { { { HARRIS COUNTY, TEXAS { { { { { { { 113111 JUDICIAL DISTRICT On the 9th day of April. 1999, this cause being called in its regular order, came the PlaintiHTaxing Unit(s) whether Plaintiff(s), Intervenor(s) or Impleaded Plaintiff(s), to wit: CITY OF LA PORTE LA PORlE INDEPENDENT SCHOOL DISTRICT (LA PORTE ISO) HARRIS COUNTY, HARRIS COUNTY EDUCATION DEPARTMENT,PORT OF HOUSTON OF HARRIS COUNTY AUlHORITY, HARRIS COUNTY FLOOD CONTROL DIS'IRICf, 1HE HARRIS COUNTY HOSPITAL DISTRICT (HARRIS COUNTY) SAN JACINTO COMMUNITY COLLEGE DISTRICT (SAN JACINTO CeD) ;;., -a o Q) ::J -a E Q) E s:: ... Q) > o c.:J -a '(3 S o The defendants are as follows: MI.DAN Aura CARE, INC. AKA MIDAN AUI'O CARE, INC., A ... o "'" "ICCRU.... MEMORANDUM T.... 1".,,."'0"1 .0 .f '0" qllollfY ...... MtIIfMtory 10, phol~"i'hl' ............; .,...,. ..hor.IID"O _r. II~' .. .. 111M or 1"'11111 " " ; DEFUNCT NEW YORK CORPORATION: \as filed an answer and was given notice of the Trial date. (11\ ~Of\'Y ) Said cause coming ~n for trial and DO jury having been demanded, all parties anDouoced ready. All matters of controversy, both of fact aod of law, were submitted to the Court. The Court, after considering the pleadings, cvideoce, and arguments of counsel, grants judgmeot as follows; IT IS ORDERED that the Plaintiff taxing units recover of and from the Defendant(s),as indicated below, the total sum of money set out below, which claims are secured by tax liens against the property hereinafter descnoed: 1.0 '+-< o N Il) ~ p... I It") It") ...., ...... ...... ...., .~ TRAcr 1 ::c :::l p... Il) .s o - Il) ta c: 's Il) '" '" is o z o Cl I TRAcr I.LOTS 26,%7,28,29,30,31, AND 32, ALL IN BLOCK 1446 OF THE TOWN OF lA PORTE IN HARRIS COUNTY, TEXAS ACCORDING TO mE MAP OR PLAT THEREOF RECORDED IN VOLUME 72, PAGE 5 OF THE DEED RECORDS OF BARRIS COUN1Y, TEXAS; SAVE AND EXCEPI'THE EAST TEN FEET THEREOF CONVEYED BY MaS. EJ. WILDER AND HUSBAND, J.W. WILDER, TOmE STATE OF TEXAS FOR ROAD PURPOSES BY INSTRUMENT RECORDED IN VOLUME 1003, 301 OF THE DEED RECORDS OF HARRIS COUN1Y, TEXAS. Account No.024-299-046-0026 Adjudged Market Value: $H161.88 2~ ~f'P- Tu Yean ~1iIIq~~t . , PcaalIJ 01; 33.. 11tle 'IOIaI JIUe Tu.. .. . laierat AUy'a Pee Raean:h aTY OF LA POR1E 1990-1997 $2372.00 S2231.99 Nolle S25O.OO .$48.59.99 LA POR'IE 150 1991-1997 S838131 HARRIS cotJN'IY $- SAN JACINTO CCD $- S .g IT IS ORDERED that in addition Plaintiff taxing unit(s) recover of and from the o Il) ::J Defendant(s), as indicated above, the 1998 Base Tax, as indicated io the tables below. In <;j c E addition, bcgiDoing February 1, 1999, Plaintiff taxing unit(s) shall also recover of and from c: ~ Il) > o o <;j .0 S o ~ o ~ . --------;.~_._- \D ~ o r<'l o ~ p.. . V'l V'l ...... r<'l ...... ...... r<'l .~ :0 ::l p.. o .J:: - o - 0- 1a c:: .s o '" '" is o z o CI I >. "2 o o '" :::J ~ - c:: o g .. o > o o ~ .0 S o .. o ~ Defendant(s) penalties, interest and attorney's fees as shown below. The amounts set fonh below reOect the cumulative total due on the fint day of each month shown below. TRAcr 1 1998 Februaty Marcia April May J IIIIe July Due Tu 1M 1999 1M 1m 1M 1m C1Y OF LA 1296-'0 S364M S31U6 1371.48 138'.30 1392.12 S402.3, PORlE LA PORlE ISO $672..34 S82'731 $842.'7'7 $M8.24 $873.'70 S889.16 SlI I 2.36 HA1UUS COUNTY S~' ,- s- ,34fS.'~ is !cS..sS s ~S1:t~ s3t:l." SAN JACNTO S J.f~.'jV '- s 'sv" y 'Sl.(/( , U).7S" s CCD -- (,;l .a y - - . . ~ . .. IT IS ORDERED that the Plaintiff taxing units, do have and recover from the Defendant(s) interest at the rate of one (1%) percent per month on the base tax amount for the 1997 and prior tax years from MAY 1. 1999 until paid, and interest at the rate of one (1%) percent per month on the 1998 base tax amount from August 1. 1999 until paid. IT IS ORDERED that the Plaintiff taxing unit(s), do have and recover from the Defendant(s), all court costs that have been. and will be incurred in the prosecution of this cause. All costs of court shall be paid by the Defendant(s), for which let execution issue. IT IS ORDERED that MIKE LANDRUM, Tax Master be awarded FIFfY - - DOLLARS (SSO.OO) as a Tax Master Feje2lDd that ~~h amount be taxed as costs in this case. IT IS ORDERED that JEFF KLEMM, attorney ad litem. be awarded the sum of $ "De- - to be taxed as costs. IT IS ORDERED that the following taxing units, having been joined herein but having failed to plead and prove their claims for delinquent taxes on the above described real property, shall have their tax liens on such property extinguished for all delinquent \0 ..... o '<t ll) ~ t:\... I Ir> Ir> ..... ...., ..... ...., .9 :c ~ t:\... ll) ..c - o .-. ll) 1a I:: 's ll) '" '" is - o Z o o I >. -a o ll) ::) ;;; - I:: ll) E I:: ... ll) > o o ;;; 'u IE o ... o ~ taxes due, as of the date of this judgment, pursuant to the provisions of Section 33.44 of the Texas Property Tu Code, to wit: NONE IT IS ORDERED that a tax lien against each of the above-descnbed tracts of land secures the payment of all taxes, penalties, interest, abstractor's fees, attorneys fees, and COS13 of court, attnbutable to each of said tracts. Such tax Uen(s) are prior and superior to all claims, right, title, interest, or lien(s) asserted by any Defendant(s) herein. Plaintiff(s) shall have foreclosure of said tax lien(s) on each of said tracts of land against the Defendant(s) or any person(s) claiming under said Defendant(s) by any right, title or interest acquired during the pendency of this suit Further, said property is ORDERED SOW in satisfaction of the amount of the judgment The clerk of this court is directed to issue an order of sale, commanding that the Sheriff or any Constable of the State of Texas seize, levy upon, advertise for sale, and sell said tracts of land to the highest bidder for cash, as under execution, pursuant to the provisions of Chapter 34 of the Texas Property Tax Code. IT IS ORDERED that the property may be sold to a taxing unit that is a party to .' the suit or any other person, other than a person owning ~ int,erest' in the ,PJ.Qperty or any :; party to the suit that is not a taxing unit, for the market vaJue of the property stated in the judgment or the aggregate amount of the judgments against the property, whichever is less. IT IS ORDERED that if the property is sold for the adjudged value, the net proceeds shall belong and be distn'buted to aU taxing units which were parties to this suit and which have been adjudged to have tax liens against said property, pro rata and in proportion to the amounts of their respective tax liens as established in this judgment. \0 '+-< o V) Cl) ~ Cl.. I V) V) ..... ...., ..... ..... ...., O~ :c ::s Cl.. Cl) ..c: - o - Cl) ta Q Os Cl) '" '" is - o Z o Cl I ..0 Q o Cl) '" ::::> S Q Cl) E Q ... Cl) > o d ta Ou li3 o ... o ~ 0'0 IT IS ORDERED that any excess in the proceeds of sale over and above the amount necessary to defray the cost of suit, sale. and other expenses made chargeable in this suit . against such proceeds and to fully discharge the judgments against said property, shan be paid to the clerk of this Court and be retained by said clerk for disposition to any parties legally entitled to such excess in accordance with the terms and provisions of the Texas Property Tax Code. IT IS ORDERED that the clerk of this court shall issue a writ of possession, as authorized by law, to the purchaser at the foreclosure sale or his heirs, executors, administrators or assigns pursuant to the Texas Property Tax Code. IT IS ORDERED that Plaintiff Taxing Unit(s) are allowed all such writs and processes as may be necessary in the enforcement and collection of this judgment. IT IS ORDERED that this Judgment is all things without prejudice to the authority and power of Plaintiff Taxing Unit(s) to hereafter levy and collect taxes or to maintain a suit or suits to enforce and recover any taxes for the 1999 tax year and/or subsequent tax years on the property herein descn'bed. IT IS ORDERED that all parties heretofore named in any pleadings filed by any party and noHncluded<i1;)this judgment, and any property set out in previous pleadjngs~bul.,;:<;; not included in this judgment, are hereby dismissed without prejudice to the right to refile their claims. Any relief previously requested and not herein granted is expressly denied. o IT IS ORDERED that for an the above recovery, Jet execution issue. Signed this the ~y of , . ----------.--------_._--- ----.------ ~ '" ..... o '" G) ~ ~ I Ii") Ii") - ...., - - ...., .8 :c ;:l ~ G) .s o - G) "'iTj c: .s G) '" '" o - o Z o o I ..0 c: o G) ;:3 c; - c: II) E E II) > o o c; .0 is o ... o ~ APPROVED AS TO FORM: PERDUE, BRANDON, FIELDER, COLLINS &: MOIT, LLP. By: TERRY . SE SBOT # 1816500 JASON BAILEY SBOT 90253 JENNINE Y. HOVELL SBOT #24002313 2600 Citadel Plaza, Suite 500 Houston, Texas 77008 (713) 862-1860 (713) 862-1429 FAX LINEBARGER, HEARD, GOGGAN, BlAIR, G NA & PSON LLP. By: PANKAl R. P SBOT #007 BBVERL Y NfREE SBOT# 13922100 1021 MAIN, SUITE 2100 HOUSTON, TEXAS 77027 (713) 844-3400 (713) 844-3501 FAX ;' " A'-/-~ fo' f~" //d/HL-- .....J, ~~ 1'1~iJ 66 ;z. .; r*-z t,.",. (-/...-1--/ 1ir. 7 7tJ?- ~ 711""'tS/( b CERTIFICATE OF SERVICE I, TERRY G. WISEMAN/JASON L BAILEY, do certify that a true and correct copy of the above and foregoing instrument was served upon all parties in accordance with Rule 21(a) T.R.C.P. ............ ...... " '''''':f HAIl. ... ". /.iIt o..........*"+~"\ I!F/ . +'.. a \ I .;:s'1:i"~ \. f81 .\*i . ... . :. j . L-... ".. . . .......... . .=.~~~ :""'1:: .. -~.. ," --: -I \ ~.." ~+/ ':Y,: ~- .-.~, - - - - - ,. "~.O -.. ............... ,,,.l , ft. .... ........IIl... I, Theresa Chang, District Clerk of Harris County, Texas, certify that this is a true and correct copy of the original record filed and or recorded in my office, electronically or hard copy, as it appears on this date Witness my official hand and seal of office this April 21. 2008 Certified Document Number: 3113155 Total Pages: 6 7~~ THERESA CHANG, DISTRICT CLERK HARRIS COUNTY, TEXAS In accordance with Texas Government Code 406.013 electronically transmitted authenticated documents are valid. If there is a question regarding the validity of this document and or seal please e-mail support@hcdistrictclerk.com /~" "'. J L-,)....---.....,/. :~ ''',.,'J 6P"..;;.:;,.-: _: ." ". ...-~ ,. Know all men by these Presents: vD'5er 49 3963 ~- '-.r fHE STATE OF TEXAS } COUNTY OF HARRIS } / .T9r1278 -.. / l,. ...,..." \ ~,-,I \/ 527 -~--~--~-----~--------~---_._._--~--_.._,._.._----~---- DEED UNDER ORDER OF sAIS8/17199 300312220 T911278 $12.50 .'\ THAT WHEREAS, by virtue of a certain order of sale in Tax Suits issued out of the 113th Judici1 : District Court of Harris County, Texas, in Cause No. 98-56587 on the 25th day of May 1999, in favor of; , 1 Plaintiff{s), Intervenor(s) or Impleaded Plaintifl{s), to wit: City of La Porte, La Porte Independent School! / District (La Porte ISD), Harris County, Harris County Education Department, Port of Houston of Harri( I County Authority, Harris County Flood Control District, The Harris County Hospital District (Harris County), ( / \ San Jacinto Community College District (San Jacinto CCD) against Mi-Dan Auto Care, Inc. aka Midan Auto () Care, Inc., A Defunct New York Corporation (IN Rem Only) on a certain judgment and decree of sale, rendered on the 14th day of April 1999, and directed and delivered to me as Constable, Precinct No.8, of Harris County, Texas, commanding me to seize and sell the premises described in said order of sale, ~ BILL BAILEY, Constable Precinct No.8, of Harris County, Texas, did, upon the 3M day of June 1999, levy upon and advertise for sale the said land and premises described in said order of sale, by having a notice of the sale published in the English language once a week for three consecutive weeks preceding the day of the sale, in the Daily Court v1teview a newspaper published in Harris County, Texas, the first of said publications appearing not less than :.wenty days immediately preceding the day of the sale; and notice of sale containing a statement of the authority by virtue of which the sale is to be made, the time of levy, time and place of sale; also a brief description of the property to be sold, the number of acres, original survey, locality in the county, and the name by which the land is most generally known. I also mailed to Mi-Dan Auto Care, Inc. aka Midan Auto Care, Inc., A Defunct New York Corporation (JNRem Only) of the above named defendants a notice of the sale, directed to each of them at their last known address. ; . ; ~, .~ ~ On the first Tuesday in July 1999, same being the 6th day of July 1999, between the hours ofteri o'clock a.m., and four o'clock p.m., I sold said hereinafter described land and premises at public vendue in the County of Harris, State of Texas, at the door of the Courthouse of said Harris County, Texas, and the premises hereinafter described were struck off to Oty of La Porte for the use and benefit of itself and the above named taxing units that established tax liens in Cause No. 98-56587 in the 113th Judicial District Court of Harris County, Texas, for the amount of taxing owing, including interest and penalties. NOW, THEREFORE, 1, BILL BAILEY, Constable, Precinct No.8, of Harris County, Texas have' granted, sold and conveyed, and by these presents do grant, sell and convey unto the said City of La Porte fori . the use and benefit of itself and the above named taxing units that established tax: liens in Cause No. 98-56587- in the 113th Judicial District Court of Harris County all of the estate, right, title and interest which the said Mi- Dan Auto Care, Inc. aka Midan Auto Care, Inc., A Defunct New York: Corporation (IN Rem Only) had on the 6th day of July 1999, or at any time afterwards, in and to the following land and premises, as described in said order of sale, viz: DEED UNDER ORDER OF SALE PAGE 2 CAUSE-NQ98-56587_- }TY OF LA PORTE AND LA PORTE INDEPENDENT SCHOOL DISTRICT VS. MI-DAN AUTO CARE, INC. AKA MIDAN AUTO CARE, INC., A DEFUNCT NEW YORK CORPORATION ~ TO.~ Perdue, Brandon, Fielder, Collins & Mott 2600 Citadel Plaza, Suite 500 Houston~TexasJ1-OOa---------- 527 49 3964 LOTS 26, 27, 28, 29, 30, 31, AND 32, ALL IN BLOCK 1446 OF THE TOWN OF LA 0 PORTE IN HARRIS COUNTY, TEXAS ACCORDING TO THE MAP OR PLAT T.HEREOF RECORDED IN VOLUME 72, PAGE 5 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS; SAVE AND EXCEPT THE EAST TEN FEET THEREOF CONVEYED BY MRS. E.J. WILDER AND HUSBAND, J.W. WILDER, TO THE STATE OF TEXAS FOR ROAD PURPOSES BY INSTRUMENT RECORDED IN VOLUME 1003,301 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS. To have and to hold the above described land and premises unto the said City of La Porte for the use and benefit of itself and the above named taxing units that established tax liens in Cause No. 98-56587 in the 113th Judicial District Court of Harris County their heirs and assigns forever, as fully and as absolutely as I, as Constable, Precinct No.8, of Harris County, Texas, can convey by virtue of said order of sale. ID Testimony Whereol;I have hereunto set my hand, this ('Lday of fJ11 ( {'I1'1 I U; THE STATE OF TEXAS } COUNTY OF HARRIS } Before me, Carolynn C. Loftin, a notary public in and for The State of Texas, on this day personally appeared Bill Bailey, Constable Precinct No.8, of Harris County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledge to me that he executed the same as Constable, Precinct No.8 of Harris County, Texas, for the purposes and consideration, and in the capacity therein expressed. Given under my hand and seal of office, this /,;/ tJ day of guiffr/ /t? ,yy, ~It~' ~#fC Notary Publ c in and for The S e of Texas