Preview
3/23/2020 3:27 PM
Marilyn Burgess -District Clerk Harris County
Envelope No. 41863704
2020-18773 / Court: 151 By: Carolina Salgado
Filed: 3/23/2020 3:27 PM
CAUSE NO. os een
SELECT PORTFOLIO SERVICING, INC. 8 IN THE DISTRICT COURT OF
Paine
VS.
§
MICHAEL ANTONIO PERRY, BONNIE
GAY PERRY AND KESHA INAN PERRY § HARRIS COUNTY, TEXAS
AND THE HEARS AT LAW OF BONNIE
GAY PERRY, DECEASED §
Defendants
RE: 22118 SRINGESTONE PINE COURT JUNCIAL INSTRICT
SPRING, TX T7388 §
SLAINTINO’S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Select Portfolio Servicing, Inc. its seocessors in interest or assigns
("Plaintii” or "Mortgagee" as the context herein implies}, and would respectfully show the
Court:
L
DISCOVERY
i Plaintiff imends to conduct discovery under Level 2 of TEX. R. CIV. PL 190,
Plaintiff seeks only nonmonetary relief.
0
PROPERTY
a,3 This proceeding concems a certain loan agreement, as that term is defined in
TEX. BUS. & COM. CODE § 26.02 ("Loan Agreement"), seoured by the real property and
improvements commonly known as 22110 Bridgestone Pine Court, Spring, TK 77388,
chereinafter “the Property”), The legal description of the Property is:
LOT TWENTY (20), IN BLOCK TWO @), OF BRIDGESTONE LAKES,
SECTION ONE G), AN ADDITION IN HARRIS C UNTY, TEXAS
ACCORINNG TO THE MAP OR PLAT THEREOF RE: CORDED UNDER
Page I of §
19033933
FILM CODE NO. 533052 OF THE MAP RECORDS OF HARRIS COUNTY,
TEXAS.
Tui.
PARTEES
3 Plaintiff acquires and/or originates security interests in real property in the State
of Texas and, when necessary, seeks to collect the delinquent debts related to such security
interests. With respect to the Property and Loan Agreement made the subject of this proceeding,
Plaintiff is the mortgagee, as "mortgagee" is defined in TEX. PROP. CODE § 12.017.
4 Michael Antonio Perry and Bonnie Gay Perry were the obligors under the Loan
Agreement,
5 Bonnie Gay Perry (hereinafter referred to as “Decedent”} is deceased.
6 Bonnie Gay Perry died on October 4, 2018. It appears no probate proceeding has
been opened for Decedent in the county where the Property is located. Therefore, there is no
executor or administrator to be made a party in this proceeding as the personal representative of
the Decedent’s probate estate.
7
Parsuant to TEX. ESTATES CODE § 101.001, the heireatdaw of Decedent
(Reir” or “Defendant” as the context implies), whether known or unknown, acquired
Decedent's undivided interest in the Property immediately upon Decedent's death. Bach Heir is
made a party of this proceeding pursuant to TEX. CIV. PRAC. & REM. CODE § 17.002.
8 Defendant Michael Antonio Perry is a Note Signor, Mortgagor and Heir at Law of
Decedent. Michael Antonis Perry may be served with process at 22110 Bridgestone Pine Court,
Spring, TX 77388 or wherever said Defendant may be found,
8 Defendant Kesha Dian Perry is a Mortgagor. Kesha Dian Perry may be served
with process at 22110 Bridgestone Pine Court, Spring, TX 77388 or wherever said Defendant
Page 2 of 9
$9.033931
may be found.
10. If Decedent had other Heirs-at-law who have an interest in the Property, but
whose identity and whereabouts are unknown, in accordance with TEX. CIV. PRAC, & REM.
CODE § 17.004, Plaintiff will seek service of process by citation by publication and will request
an attorney ad litem be appointed to represent such Defendants’ interests.
TV.
i URISDICTION
ik This Court has subject matter jurisdiction over the controversy because Plaintiff
seeks the removal of all clouds on title and a judicial declaration regarding the respective
property interests, and rights of the owners and lienholder of the property that secures the Loan
Agreement debt. TEX. CIV. PRAC. & REM. CODE § 17.002, and TEX. ESTATES CODE §§
101.001 and 101.051.
Vv.
12. Venue is proper in this county because the Property is located in this county.
VEL
FACTS
13. The documents attached to this petition are made a part of this proceeding for all
purposes and include true and correct copies of pertinent original Loan Agreement documents
related to the debt secured by the Loan Agreement and the Property made the subject of this
proceeding. Subject documents include:
a, An exact duplicate of the Deed as Exhibit “A”;
b An exact duplicate of the Deed of Trust, attached to this Petition as Exhibit “B”;
An exact duplicate of the Note, attached to this Petition as Exhibit “C”;
Exact duplicates of the Assignments of Deed of Trust, attached to this Petition as
Exhibit “D”;
Page 3 of #
19-033931
An exact duplicate of the Demand Letter-Notice of Defiult, attached to this
Petition as Exhibit “E°;
An exact duplicate of the Death Certificate, attached to this Petition as Exhibit
Fs and
An exact duplicate of the County Clerk Probate search resulta, attached to this
Petition as Exhibit SG".
id, The obligor of the debt evidences by the Loan Agreement used fimds advanced by
the original mortgages to purchase the Property. The debt created under the terms of the Loan
Agreement was secured by the Property.
18, Plaintiff is holder of the Note.
16, According to the Plaintiff's records, no payments have been made in accordance
with the terms of the Loan Agreement since March 1, 2019. Therefore, there has been a material
breach of the Deed with Vendor's Lien.
7 Decedent's intestate death creates a cloud on the title. Plaintiff intends to remove
all clouds on title and enforce its security interest against the Property as allowed under the Loan
Agreement, TEX. PROP. CODE § 51.002 and TEX. R. CTV. P. Rules 309,
is. it appears no probate proceeding has been opened for Decedent in the county
where the Property is located, (See County Clerk Letter finding no estate, attached and included
here as Exiubit “G"), Therefore, there is no executor or administrator to be made a party in this
proceeding as the personal representative of the Decedent's probate estate.
49, Subject to TEX. ESTATES CODE §§ 161.001 and 101.051, the heirs-at-law of
Decedent acquired all of Decedent’s interest in the Property immediately upon Decedent's death.
Although all Defendants have had the use, benefit, and enjoyment of the Property, they have
failed or refused to pay the debt evidenced by the Loan Agreement. All conditions precedent
have been performed or have occurred as required by TEX. R. CIV. PL Sa.
Page 4 of9
19-033931
28, Bat for the death of Decedent, Plaintiff would have exercised its right to enforce
is security instrument against the property beeause of the material breach of the Loan
Agreement. The most practical, efficient, and effective means to enforce Plaintiff's security
interest in the Property would be a public auction of the Property.
e
a The righis, responsibilities, and duties of Plai i and the trustee of the security
instrument are well known under Tex. Prop. ‘ode § 51,902 and Texas case law;
thersfore, a public agetion conducted in ec @ mamer ag non-fudicial
foreclosure sale would meet all constitution: standards of due process.
In addition, a public auction of the Property ¥ o be the most expedient
means to put the Property back in the stream uneros, as well as into the
housing stock of the community. Otherwise, Prop riy will continue to be a
wasting asset that is subject to vandalism and deterioration.
2b Under the terms of the security instrument, Plai ff will appoint a ate
‘Trustee to conduct the peblic auction.
VoL
CAUSES OF ACTION
RESCISSION OF VENDOR’S LIEN
22. Pursuant to the Texas Uniform Declaratory Judgment Act, TEX. CIV. PRAC. &
REM. CODE § 37.001, et seq, Plaintiff requests this Court declare and enter judgment that, as to
all Defendants, Plaintiff has superior title to the Property secured by a vendor's lien ag evidenced
by the reservation in the Deed, which states in pertinent part:
But it is expressly agreed and stipulated that the vendor's lien and superior title
are retained in favor of the payee in said note against the above-described
property, premises, and improvements until said note and all interest thereon is
Jilly paid according to the face, tenor, effect, and reading thereaf, when this deed
shall become absolute.
23. The Texas Supreme Court has long held, "no man shall claim title to the land of
another without payment of the price agreed upon." Estes v. Browning, 11 Tex. 237, 245 (1853).
24. Until the Loan Agreement debt used to acquire the Property is paid, the obligors
Page § of 9
19-033931
have only equitable title to the Property - that is the use, benefit and enjoyment of the Property
not legal which is held by Plaintiff.
25, Due to the default it payments under the Note, Plaintiff is entitled to enforce its
remedy of rescission of vendor's lien.
26. By exercising its right to rescind the vendor's lien, Plaintiff is not making a claim
for money against Decedent or Decedent’s putative Estate; therefore, there is no necessity of
administration of Plaintiff's claim under the Texas Estates Code. Walton vs. First Nat'l Bank of
Trenton, 936 8. W. 2d 647, 652 (Tex. App. —Texarkana, 1997).
27. For due process purposes, Plaintiff seeks to rescind the vendor’s lien by using the
provisions of the Loan Agreement and TEX. PROP. CODE § 51.002 to conduct a non-judicial
foreclosure of the property.
ENFORCEMENT OF STATUTORY LIEN
28. Parsuant to the Texas Uniform Declaratory Judgment Act, TEX. CIV. PRAC. &
REM. CODE § 37.001, ef seq., Plaintiff seeks a declaration that a Plaintiff has an enforceable
statutory probate Hen against the Froperty under the terms of the Loan Agreement and the
following statutory authority:
a, TEX. ESTATES CODE § 101.001, which states in pertinent part:
“\.. [T]he estate of a person whe dies intestate vests immediately in the person’s
heirs at law”, subject to the liability of the estate for debts under TEX. ESTATES
CODE§ 101.051."
TEX. ESTATES CODE § 101.052, which states in pertinent part:
"Tn every case, the community estate passes charged with the debts against it.”
TEXAS TITLE EXAMINATION STANDARDS § 11.10, which states in
pertinent part:
Page § of 9
18-033931
“A decedent's Property passes to his or her heirs at law or devisees immediately
upon death, subject in each instance, except for exempt Property, to payment of
debts, including estate and inheritance taxes,” and
TEXAS TITLE EXAMINATION STANDARDS § 11.60, which states in
pertinent part:
“Property of a decedent passes subject to unpaid debts and taxes of the estate.
28. Plaintiff's statutory probate lien, reserved in TEX. ESTATES CODE §§ 101.051
and 101.001, is enforceable and a superior lien against the Heir’s in rem interest in the Property.
Because of a material breach of the Loan Agreement, Plaintiff seeks to enforce its statutory
probate lien and security interest against the Property in accordance with the terms of the Loan
Agreement, TEX. R. CIV. P. Rules 309.
38, Plaintiff requests that this Court declare that its security interest attach as a
superior Hen and statutory probate lien against any interest of the Heirs,
3i. Blaintiff seeks no personal lability against the Heirs. Plaintiff seeks only to act
against the Property acquired by the Heirs upon the death of the Decedent,
°
& SUIET TITLE
32. Pursuant to the Texas Uniform Declaratory Jadgment Act, TEX. CIV. PRAC. &
REM. CODE § 37.001, ef seq., Plaintiff asks this Court declare and enter judgment regarding the
title owners of the subject property and that any interest in the property held by the Heirs of the
Decadent pass subject fo Plaintiff's security interest pursuant to TEX. ESTATES CODE §§
101,001 and 101.051.
33. Heirs cannot hold greater rights in the property than the Decedent, who was an
obligor under the Loan Agreement, and receive their inheritance subject to statutory lien and
Loan Agreement. TEX, ESTATES CODE §§ 101.001 and 101.051.
Page 7 of $
19-033931
34, Though not personally liable on the debt, Heirs failed to make payments and/or
payoff the loan, while still enjoying the use and benefit of the property.
35, Because of the material breach of the Loan Agreement, Plaintiff seeks to enforce
its security interest in the Property, Plaintiff requests that this Court declare that any and all
interest in the Property owned or inherited by Heirs be extinguished when Plaintiff enforces its
security interest against the Property under the terms of the Loan Agreement, TEX. PROP,
CODE § 31.002 or TEX. R. CIV, P. 309,
VIEL
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plain respectfully prays that Defendants
be cited to appear and answer, and that upon final hearing the Court enters judgment gra
3) A declaration that all Decedent's heire-at-law have heen made parties to this suit and
are vesied with all of Defendant’s right, title and interest in the Property; and
2} A declaration that Maintiff’s vendor's lien against the Property be rescinded; and
3) A declaration that the methad for res sion of the vendor’s Hen be by a non-judicial
foreclosure, and that through foreclosure the Defendants be divested of Defendant's
right, title and interest to the Property
Plaintiff farther prays for all other relief, in law in equity, to which Plaintif? may show
itself to be justly entitled.
Respectfully submitted,
fs / Philis
ABLE BES C.he Reeves
Philip C Reeves
State Bar No. 24065959
Kirk Schwartz
State Bar No. 24004908
Shapire Schwartz, LLP
13105 Northwest Freeway, Suite 1200
Page 8 of 9
19-O33931
Houston, TX 77040
Telephone: (713) 462-2565
Facsimile: (847) 879-4854
Email: phreeves@logs.com
Attorneys for Select Portfolio Servicing, Inc.
Page 9 of 9
YING
Preview
3/23/2020 3:27 PM Marilyn Burgess -District Clerk Harris County Envelope No. 41863704 2020-18773 / Court: 151 By: Carolina Salgado Filed: 3/23/2020 3:27 PM CAUSE NO. os een SELECT PORTFOLIO SERVICING, INC. 8 IN THE DISTRICT COURT OF Paine VS. § MICHAEL ANTONIO PERRY, BONNIE GAY PERRY AND KESHA INAN PERRY § HARRIS COUNTY, TEXAS AND THE HEARS AT LAW OF BONNIE GAY PERRY, DECEASED § Defendants RE: 22118 SRINGESTONE PINE COURT JUNCIAL INSTRICT SPRING, TX T7388 § SLAINTINO’S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Select Portfolio Servicing, Inc. its seocessors in interest or assigns ("Plaintii” or "Mortgagee" as the context herein implies}, and would respectfully show the Court: L DISCOVERY i Plaintiff imends to conduct discovery under Level 2 of TEX. R. CIV. PL 190, Plaintiff seeks only nonmonetary relief. 0 PROPERTY a,3 This proceeding concems a certain loan agreement, as that term is defined in TEX. BUS. & COM. CODE § 26.02 ("Loan Agreement"), seoured by the real property and improvements commonly known as 22110 Bridgestone Pine Court, Spring, TK 77388, chereinafter “the Property”), The legal description of the Property is: LOT TWENTY (20), IN BLOCK TWO @), OF BRIDGESTONE LAKES, SECTION ONE G), AN ADDITION IN HARRIS C UNTY, TEXAS ACCORINNG TO THE MAP OR PLAT THEREOF RE: CORDED UNDER Page I of § 19033933 FILM CODE NO. 533052 OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS. Tui. PARTEES 3 Plaintiff acquires and/or originates security interests in real property in the State of Texas and, when necessary, seeks to collect the delinquent debts related to such security interests. With respect to the Property and Loan Agreement made the subject of this proceeding, Plaintiff is the mortgagee, as "mortgagee" is defined in TEX. PROP. CODE § 12.017. 4 Michael Antonio Perry and Bonnie Gay Perry were the obligors under the Loan Agreement, 5 Bonnie Gay Perry (hereinafter referred to as “Decedent”} is deceased. 6 Bonnie Gay Perry died on October 4, 2018. It appears no probate proceeding has been opened for Decedent in the county where the Property is located. Therefore, there is no executor or administrator to be made a party in this proceeding as the personal representative of the Decedent’s probate estate. 7 Parsuant to TEX. ESTATES CODE § 101.001, the heireatdaw of Decedent (Reir” or “Defendant” as the context implies), whether known or unknown, acquired Decedent's undivided interest in the Property immediately upon Decedent's death. Bach Heir is made a party of this proceeding pursuant to TEX. CIV. PRAC. & REM. CODE § 17.002. 8 Defendant Michael Antonio Perry is a Note Signor, Mortgagor and Heir at Law of Decedent. Michael Antonis Perry may be served with process at 22110 Bridgestone Pine Court, Spring, TX 77388 or wherever said Defendant may be found, 8 Defendant Kesha Dian Perry is a Mortgagor. Kesha Dian Perry may be served with process at 22110 Bridgestone Pine Court, Spring, TX 77388 or wherever said Defendant Page 2 of 9 $9.033931 may be found. 10. If Decedent had other Heirs-at-law who have an interest in the Property, but whose identity and whereabouts are unknown, in accordance with TEX. CIV. PRAC, & REM. CODE § 17.004, Plaintiff will seek service of process by citation by publication and will request an attorney ad litem be appointed to represent such Defendants’ interests. TV. i URISDICTION ik This Court has subject matter jurisdiction over the controversy because Plaintiff seeks the removal of all clouds on title and a judicial declaration regarding the respective property interests, and rights of the owners and lienholder of the property that secures the Loan Agreement debt. TEX. CIV. PRAC. & REM. CODE § 17.002, and TEX. ESTATES CODE §§ 101.001 and 101.051. Vv. 12. Venue is proper in this county because the Property is located in this county. VEL FACTS 13. The documents attached to this petition are made a part of this proceeding for all purposes and include true and correct copies of pertinent original Loan Agreement documents related to the debt secured by the Loan Agreement and the Property made the subject of this proceeding. Subject documents include: a, An exact duplicate of the Deed as Exhibit “A”; b An exact duplicate of the Deed of Trust, attached to this Petition as Exhibit “B”; An exact duplicate of the Note, attached to this Petition as Exhibit “C”; Exact duplicates of the Assignments of Deed of Trust, attached to this Petition as Exhibit “D”; Page 3 of # 19-033931 An exact duplicate of the Demand Letter-Notice of Defiult, attached to this Petition as Exhibit “E°; An exact duplicate of the Death Certificate, attached to this Petition as Exhibit Fs and An exact duplicate of the County Clerk Probate search resulta, attached to this Petition as Exhibit SG". id, The obligor of the debt evidences by the Loan Agreement used fimds advanced by the original mortgages to purchase the Property. The debt created under the terms of the Loan Agreement was secured by the Property. 18, Plaintiff is holder of the Note. 16, According to the Plaintiff's records, no payments have been made in accordance with the terms of the Loan Agreement since March 1, 2019. Therefore, there has been a material breach of the Deed with Vendor's Lien. 7 Decedent's intestate death creates a cloud on the title. Plaintiff intends to remove all clouds on title and enforce its security interest against the Property as allowed under the Loan Agreement, TEX. PROP. CODE § 51.002 and TEX. R. CTV. P. Rules 309, is. it appears no probate proceeding has been opened for Decedent in the county where the Property is located, (See County Clerk Letter finding no estate, attached and included here as Exiubit “G"), Therefore, there is no executor or administrator to be made a party in this proceeding as the personal representative of the Decedent's probate estate. 49, Subject to TEX. ESTATES CODE §§ 161.001 and 101.051, the heirs-at-law of Decedent acquired all of Decedent’s interest in the Property immediately upon Decedent's death. Although all Defendants have had the use, benefit, and enjoyment of the Property, they have failed or refused to pay the debt evidenced by the Loan Agreement. All conditions precedent have been performed or have occurred as required by TEX. R. CIV. PL Sa. Page 4 of9 19-033931 28, Bat for the death of Decedent, Plaintiff would have exercised its right to enforce is security instrument against the property beeause of the material breach of the Loan Agreement. The most practical, efficient, and effective means to enforce Plaintiff's security interest in the Property would be a public auction of the Property. e a The righis, responsibilities, and duties of Plai i and the trustee of the security instrument are well known under Tex. Prop. ‘ode § 51,902 and Texas case law; thersfore, a public agetion conducted in ec @ mamer ag non-fudicial foreclosure sale would meet all constitution: standards of due process. In addition, a public auction of the Property ¥ o be the most expedient means to put the Property back in the stream uneros, as well as into the housing stock of the community. Otherwise, Prop riy will continue to be a wasting asset that is subject to vandalism and deterioration. 2b Under the terms of the security instrument, Plai ff will appoint a ate ‘Trustee to conduct the peblic auction. VoL CAUSES OF ACTION RESCISSION OF VENDOR’S LIEN 22. Pursuant to the Texas Uniform Declaratory Judgment Act, TEX. CIV. PRAC. & REM. CODE § 37.001, et seq, Plaintiff requests this Court declare and enter judgment that, as to all Defendants, Plaintiff has superior title to the Property secured by a vendor's lien ag evidenced by the reservation in the Deed, which states in pertinent part: But it is expressly agreed and stipulated that the vendor's lien and superior title are retained in favor of the payee in said note against the above-described property, premises, and improvements until said note and all interest thereon is Jilly paid according to the face, tenor, effect, and reading thereaf, when this deed shall become absolute. 23. The Texas Supreme Court has long held, "no man shall claim title to the land of another without payment of the price agreed upon." Estes v. Browning, 11 Tex. 237, 245 (1853). 24. Until the Loan Agreement debt used to acquire the Property is paid, the obligors Page § of 9 19-033931 have only equitable title to the Property - that is the use, benefit and enjoyment of the Property not legal which is held by Plaintiff. 25, Due to the default it payments under the Note, Plaintiff is entitled to enforce its remedy of rescission of vendor's lien. 26. By exercising its right to rescind the vendor's lien, Plaintiff is not making a claim for money against Decedent or Decedent’s putative Estate; therefore, there is no necessity of administration of Plaintiff's claim under the Texas Estates Code. Walton vs. First Nat'l Bank of Trenton, 936 8. W. 2d 647, 652 (Tex. App. —Texarkana, 1997). 27. For due process purposes, Plaintiff seeks to rescind the vendor’s lien by using the provisions of the Loan Agreement and TEX. PROP. CODE § 51.002 to conduct a non-judicial foreclosure of the property. ENFORCEMENT OF STATUTORY LIEN 28. Parsuant to the Texas Uniform Declaratory Judgment Act, TEX. CIV. PRAC. & REM. CODE § 37.001, ef seq., Plaintiff seeks a declaration that a Plaintiff has an enforceable statutory probate Hen against the Froperty under the terms of the Loan Agreement and the following statutory authority: a, TEX. ESTATES CODE § 101.001, which states in pertinent part: “\.. [T]he estate of a person whe dies intestate vests immediately in the person’s heirs at law”, subject to the liability of the estate for debts under TEX. ESTATES CODE§ 101.051." TEX. ESTATES CODE § 101.052, which states in pertinent part: "Tn every case, the community estate passes charged with the debts against it.” TEXAS TITLE EXAMINATION STANDARDS § 11.10, which states in pertinent part: Page § of 9 18-033931 “A decedent's Property passes to his or her heirs at law or devisees immediately upon death, subject in each instance, except for exempt Property, to payment of debts, including estate and inheritance taxes,” and TEXAS TITLE EXAMINATION STANDARDS § 11.60, which states in pertinent part: “Property of a decedent passes subject to unpaid debts and taxes of the estate. 28. Plaintiff's statutory probate lien, reserved in TEX. ESTATES CODE §§ 101.051 and 101.001, is enforceable and a superior lien against the Heir’s in rem interest in the Property. Because of a material breach of the Loan Agreement, Plaintiff seeks to enforce its statutory probate lien and security interest against the Property in accordance with the terms of the Loan Agreement, TEX. R. CIV. P. Rules 309. 38, Plaintiff requests that this Court declare that its security interest attach as a superior Hen and statutory probate lien against any interest of the Heirs, 3i. Blaintiff seeks no personal lability against the Heirs. Plaintiff seeks only to act against the Property acquired by the Heirs upon the death of the Decedent, ° & SUIET TITLE 32. Pursuant to the Texas Uniform Declaratory Jadgment Act, TEX. CIV. PRAC. & REM. CODE § 37.001, ef seq., Plaintiff asks this Court declare and enter judgment regarding the title owners of the subject property and that any interest in the property held by the Heirs of the Decadent pass subject fo Plaintiff's security interest pursuant to TEX. ESTATES CODE §§ 101,001 and 101.051. 33. Heirs cannot hold greater rights in the property than the Decedent, who was an obligor under the Loan Agreement, and receive their inheritance subject to statutory lien and Loan Agreement. TEX, ESTATES CODE §§ 101.001 and 101.051. Page 7 of $ 19-033931 34, Though not personally liable on the debt, Heirs failed to make payments and/or payoff the loan, while still enjoying the use and benefit of the property. 35, Because of the material breach of the Loan Agreement, Plaintiff seeks to enforce its security interest in the Property, Plaintiff requests that this Court declare that any and all interest in the Property owned or inherited by Heirs be extinguished when Plaintiff enforces its security interest against the Property under the terms of the Loan Agreement, TEX. PROP, CODE § 31.002 or TEX. R. CIV, P. 309, VIEL PRAYER WHEREFORE, PREMISES CONSIDERED, Plain respectfully prays that Defendants be cited to appear and answer, and that upon final hearing the Court enters judgment gra 3) A declaration that all Decedent's heire-at-law have heen made parties to this suit and are vesied with all of Defendant’s right, title and interest in the Property; and 2} A declaration that Maintiff’s vendor's lien against the Property be rescinded; and 3) A declaration that the methad for res sion of the vendor’s Hen be by a non-judicial foreclosure, and that through foreclosure the Defendants be divested of Defendant's right, title and interest to the Property Plaintiff farther prays for all other relief, in law in equity, to which Plaintif? may show itself to be justly entitled. Respectfully submitted, fs / Philis ABLE BES C.he Reeves Philip C Reeves State Bar No. 24065959 Kirk Schwartz State Bar No. 24004908 Shapire Schwartz, LLP 13105 Northwest Freeway, Suite 1200 Page 8 of 9 19-O33931 Houston, TX 77040 Telephone: (713) 462-2565 Facsimile: (847) 879-4854 Email: phreeves@logs.com Attorneys for Select Portfolio Servicing, Inc. Page 9 of 9 YING