Motion for Release of Funds in Ramon Garcia, Yazmin Anaid Garcia, Saida Garcia VS. MAR Designs & Construction, Inc.,Mario Rodriguez,Aracely Rodriguez| Trellis.Law

On January 06, 2023 a Motion,Ex Parte was filed involving a dispute between Garcia, Ramon, Garcia, Saida, Garcia, Yazmin Anaid, and Mar Designs & Construction, Inc., Rodriguez, Aracely, Rodriguez, Mario, for Contract - Other Contract (OCA) in the District Court of Hidalgo County.

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Electronically Filed
5/1/2024 2:36 PM
Hidalgo County District Clerks
Reviewed By: Maria De Jesus Gonzal

CAUSE NO. C-0081-23-G

RAMON GARCIA, YAZMIN ANAID § IN THE DISTRICT COURT
GARCIA and SAIDA GARCIA, §
Plaintiffs, §
§
VS. §
§
MAR DESIGNS & CONSTRUCTION, §
INC., MARIO RODRIGUEZ AND §
ARACELY RODRIGUEZ, §
Defendants, §
§
AND §
§
AUDIE E. RAY REAL ESTATE §
LENDING, INC., §
Intervenor-Plaintiff, §
§
VS. §
§
MISODI INVESTMENTS, LLC, §
RAMON GARCIA, YAZMIN ANAID §
GARCIA, SAIDA GARCIA, MAR §
DESIGNS & CONSTRUCTION, INC., §
MARIO RODRIGUEZ and ARACELY § HIDALGO COUNTY, TEXAS
RODRIGUEZ a/k/a ARACELI §
RODRIGUEZ, §
Intervenor-Defendants, §
§
AND §
§
UNITED STATE OF AMERICA, §
Interested-Party, §
§
AND §
§
RANJIT SINGH LIDHAR, AS §
SUBSTITUTE TRUSTEE FOR §
AUDIE E. RAY REAL ESTATE §
LENDING, INC., §
Intervenor-Plaintiff, §
§
VS. §
§
Electronically Filed
5/1/2024 2:36 PM
Hidalgo County District Clerks
Reviewed By: Maria De Jesus Gonzal

MISODI INVESTMENTS, LLC, §
YAZMIN ANAID GARCIA, MAR §
DESIGNS & CONSTRUCTION, INC., §
ARACELY RODRIGUEZ a/k/a §
ARACELI RODRIGUEZ, UNITED §
STATES OF AMERICA, and §
JOHN R. KING, §
Intervenor-Defendants. § 370TH JUDICIAL DISTRICT

ARACELY RODRIGUEZ’ MOTION TO RELEASE EXCESS PROCEEDS

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES, ARACELY RODRIGUEZ, A/K/A ARACELI RODRIGUEZ, as

Movant herein, and pursuant to Section 34.04 of the Texas Property Tax Code files her

Motion for Release of Excess Proceeds, seeking the distribution to her of the excess

proceeds in the registry of the court as a result from the sale of her real property located

in Hidalgo County, Texas on November 7, 2023.

Movant would respectfully show the Court the following:

1. The parties in this cause number are/were:

a. Ranjit Singh Lidhar, Intervenor-Plaintiff.

b. Aracely Rodriguez A/K/A Araceli Rodriguez, Intervenor-Defendant.

c. MAR Designs & Construction, Inc., Intervenor-Defendant.

d. Misodi Investments, LLC, Intervenor-Defendant.

e. Yazmin Anaid Garcia, Intervenor-Defendant.

f. United States of America, Intervenor-Defendant.

g. John R. King, Intervenor-Defendant.

2. The facts stated in the “Original Petition in Intervention for Interpleader” on

file with this court on November 28, 2023, are correct and adopted herein by Movant by

this reference. (See Exhibit “1”, attached hereto).
Electronically Filed
5/1/2024 2:36 PM
Hidalgo County District Clerks
Reviewed By: Maria De Jesus Gonzal

3. Movant was the owner of the property legally described as follows:

Lot 34 MAR Subdivision, an addition to the City of Mission, Hidalgo
County, Texas, according to the Plat or Map thereof recorded in
Document No. 2819859 Official Records, Hidalgo County, Texas,
also commonly known as 3531 May Drive, Mission, Texas (Lot 34).

4. On November 7, 2023, the property was foreclosed by the mortgagee,

Audie E. Ray Real Estate Lending, Inc. The sale price was $180,000.00.

5. After all deductions from the sales price, including substitute trustee’s

fees, actual costs incurred, costs for evidence of title, reasonable substitute’s trustee’s

fees, attorney fees, the remaining proceeds were delivered to Audie E. Ray Real Estate

Lending, Inc., who was the mortgagee.

6. After said payments to all the parties entitled to payment, the excess

proceeds in the sum of $31,915.29 interpleaded and deposited into the registry of the

court on February 1, 2024.

7. On February 6, 2024, this court signed an order granting Intervenors-

Plaintiff’s Request for Attorney Fees in the sum of $3,676.60 from the interpleaded

funds. (See Exhibit “2”, attached hereto).

8. There remains $28,188.69 of interpleaded or excess funds that belong to

Movant. She is entitled to have the funds released minus any district court

administrative costs, to her pursuant to Section 34.04 of Texas Property Code.

WHEREFORE, PREMISES CONSIDERED, the Movant prays that the Court

enter its Order directing the Clerk of this Court to disburse the sum of $28,188.69,

minus any District Clerk Office’s administrative fee, to Movant as the excess sale

proceeds from the sale of her aforesaid described property, and for such other and

further relief to which the Movant may be justly entitled.
Electronically Filed
5/1/2024 2:36 PM
Hidalgo County District Clerks
Reviewed By: Maria De Jesus Gonzal

Respectfully submitted,

LAW OFFICE OF
FRANCISCO J. RODRIGUEZ
1111 West Nolana, Suite A
McAllen, Texas 78504
Telephone No.: (956) 687-4363
Telecopier No.: (956) 687-6415

BY:____/s/ Francisco J. Rodriguez___
FRANCISCO J. RODRIGUEZ
State Bar No: 17145800
frankr@mcallenlawfirm.com
DANIELLE C. RODRIGUEZ
State Bar No. 24075952
danielle@mcallenlawfirm.com
JARED A. CLARK
State Bar No. 24101626
j.clark@mcallenlawfirm.com

ATTORNEY FOR
DEFENDANT/INTERVENOR-
DEFENDANT, ARACELY RODRIGUEZ
Electronically Filed
5/1/2024 2:36 PM
Hidalgo County District Clerks
Reviewed By: Maria De Jesus Gonzal

CERTIFICATE OF SERVICE

I hereby certify that on May 1, 2024, a true and correct copy of the foregoing

document was served on all counsel of record via E-Service, to wit:

Simran W. Singh Hector Bustos
simran@provelaw.com hector.bustos@hectorbustos-law.com
P.O. Box 1971 220 S. Jackson Rd,
Pharr, Texas 78577 Edinburg, Texas 78539
Attorney for Intervenor-Plaintiff Attorney for Intervenors-Defendants

Urial A. Guajardo Daniel D. Hu
alex@statesmanlex.com daniel.hu@usdoj.gov
1939 W. Owassa Rd. 1000 Louisiana St., Ste. 2300
Edinburg, Texas 78539 Houston, Texas 77002
Attorney for Intervenor-Plaintiff Attorney for USA

Ranjit Singh Lidhar Juan Angel Guerra
ranjit@mcmullanlidhar.com juanangelguerra1983@gmail.com
1113 Nightingale Ave. 1110 S. Ed Carey Dr.
McAllen, Texas 78504 Harlingen, Texas 78552
Attorney for Intervenor-Plaintiff Attorney for Intervenor-Defendants

___/s/ Francisco J. Rodriguez ____
Francisco J. Rodriguez
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.

Francisco Rodriguez on behalf of Francisco Rodriguez
Bar No. 17145800
frankr@mcallenlawfirm.com
Envelope ID: 87270368
Filing Code Description: Motion (No Fee)
Filing Description: Aracely Rodriguez' Motion to Release Excess Proceeds
Status as of 5/2/2024 9:16 AM CST

Associated Case Party: Ramon Garcia