Citation/Notice Text :

NO. 18-069 THE STATE OF TEXAS To the Sheriff or any Constable of BANDERA County, Texas, GREETING: WHEREAS, on August 17, 2018, BANDERA COUNTY, as Plaintiff, recovered a judgment in the District Court of the above named County against GAIL S. JOINER, USA / INTERNAL REVENUE SERVICE (Lienholder), TEXAS WORKFORCE COMMISION (Lienholder), BANDERA BANK (Lienholder), if living, and if any or all of the above named Defendants be dead, the unknown heirs of each or all of said above named persons who may be dead, the unknown heirs of the unknown heirs of said above-named persons, and the unknown owner or owners of the hereinafter described land, and the executors, administrators, guardians, legal representatives, legatees and devisees of the above named persons, and all persons owning or having or claiming any interest in the following described land, Defendants, for taxes, penalties, interest and attorney's fees due on the land or lots hereinafter described in the amounts set out opposite the description of each tract, with interest thereon at the rate of ten per centum (10%) per annum from the date of judgment until paid, and costs of suit as manifested by the itemized Bill of Costs hereinafter appearing, together with the further costs of executing and fulfilling the requirements of this writ; and whereas, said judgment decree directs the foreclosure of the lien created, established and continued on and against the said property hereinafter described by reason of the levy and assessment of taxes on and against the same and the delinquency thereof, and said taxes remaining unpaid and due to the above named Plaintiffs and as the said lien now exists and at any time heretofore existed by reason of such levy, assessment and delinquency, and on the dates and for the years set out in said judgment against the property as hereinafter described, the same lying and being situated in the County of BANDERA and the State of Texas. THEREFORE, YOU ARE HEREBY COMMANDED, that you seize, levy upon and advertise the sale as under Execution, of each of said tracts of land, and sell the same, selling each tract separately, to the highest bidder for cash under Execution, provided, however, that none of the said property shall be sold to the owner of said property, directly or indirectly, or to anyone having an interest therein, or to any party other than a taxing unit which is a party to the suit, for less than the amount of the adjudged value of the property or the aggregate amount of the judgment against the property in said suit, whichever is lower, which said adjudged value or reasonable fair value of the property as set by this Court in accordance with the provisions of Section 34.01 of the Property Tax Code of Texas, is in the amount set out opposite each tract below. If the Defendants or their attorney shall at any time before the sale file with the Sheriff, or any other officer in whose hands this Order of Sale shall be placed, a written request that the property described therein shall be divided and sold in less tracts than the whole, together with a description of said subdivision, then such officer shall sell the land in such subdivisions as the Defendants may request, and in such case shall only sell as many subdivisions as near as may be to satisfy this judgment, interest and costs; and it is further ordered by the Court that the net proceeds of any sale of such property made hereunder to any party other than a taxing unit who is a party to this suit shall belong to and be distributed to all such taxing units which have been found to have tax liens against such property, pro rata and in proportion to the amounts of their respective tax liens as hereinafter established, but any excess in the proceeds of sale over and above the amount necessary to pay taxes due, defray the costs of suit and sale and other expenses chargeable against said property, shall be paid to the parties legally entitled to such excess. And it is further ordered, adjudged and decreed by the Court that the owner of such property, or anyone having an interest therein, or their heirs, assigns or legal representatives, may, within six (6) months or two (2) years (as applicable under Texas law) from the date of such sale, have the right to redeem said property on the following basis, to-wit: 1. Within the first year of the redemption period, upon the payment of the amount bid for the property by the purchaser at such sale, including the purchaser's tax deed recording fee and all taxes, penalties, interest and costs thereafter paid thereon plus twenty-five percent (25%) of the aggregate total; 2. Within the last year of the redemption period upon the payment of the amount bid for the property by the purchaser at such sale, including the purchaser's tax deed recording fee and all taxes, penalties, interest and costs thereafter paid thereon, plus fifty percent (50%) of the aggregate total. Delinquent taxes, penalty, interest and attorney's fees for which judgment was herein rendered covering all years delinquent at the date of the judgment: PROPERTY DESCRIPTION: Tract#1 Lot 35, Bandera Estates Subdivision, including any and all improvements, or as more fully described in Volume No. 671, Page 67 of the Deed Records of Bandera County, Texas. (Account No. 147512) AMOUNTS DUE TO: Bandera County $4,117.15 TOTAL TAXES DUE: $4,117.15 ADJUDGED VALUE: $110,748.00 And in addition to redeeming direct from the purchaser as aforesaid, redemption may also be made from the tax collector of the county in which said property was sold, subject to the terms and conditions set forth in Section 34.21 of the Property Tax Code of Texas. And it is further ordered, adjudged and decreed by the Court that the officer executing this Order of Sale shall make proper conveyance to the purchaser or purchasers of said land, under and by virtue of said sale, or to any other person to whom the purchaser may direct the conveyance to be made upon due compliance with the terms of sale, in which such deed the conditions of the right of redemption, provided by law, shall be expressed and also made subject thereto. And it is further ordered, adjudged and decreed by the Court that pursuant to section 33.51 of the Property Tax Code of Texas, the Clerk of this Court withhold the issuance of a writ of possession to the land above-described and ordered sold, or any part thereof, for at least (20) days following the date on which the purchaser’s deed from the sheriff or constable is filed of record, then and thereafter the writ of possession shall be issued by the Clerk of the Court, ordering the Sheriff or proper officers to place the purchaser or purchasers or their heirs, executors, assigns or administrators in possession of the property so purchased, or any part thereof, at the sale provided for in the judgment. And it is further ordered, adjudged and decreed by the Court that the purchaser of property sold for taxes herein shall take title free and clear of all liens and claims for taxes against such property delinquent at the time of judgment in this suit to any taxing unit which was a party herein or which has been served with citation as required by this Act. HEREIN FAIL NOT, under penalty of the law, and due return make of this writ, within ninety (90) days from the date hereof, with your endorsement thereon, showing how you have executed the same. GIVEN UNDER MY HAND AND SEAL OF SAID COURT, by order of said Court, at office in Bandera, in the County of BANDERA, this the _____ day of ______________, 2020.