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Nipper-Bertram Trust v. Aldine Independent School District, Harris County

The phrase "unpaid taxes, penalties, interest, or other amounts adjudged due under the judgment" is modified by the word "any." It is not restricted to any monies owed attributable to separate parcels of property, or separate tax liens; rather, this provision broadly encompasses all monies owed under the judgment.

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Affirmed and Opinion filed May 9, 2002.

OPINION

This is an appeal of an order disbursing alleged excess proceeds of $5,946.46 resulting from the judicial foreclosure of a tax lien. The underlying judgment dealt with delinquent taxes on two lots — Lots 6 and 7. Appellants Oscar Nipper and Nipper-Bertram Trust, two of the three former property-owners, appeal the district court’s denial of their request for the excess proceeds. They seek the excess proceeds from the tax sale of Lot 6, and the taxing authorities seek to apply those proceeds to monies owing on the judgment. Because we find that taxes, penalties, and interest were due on Lot 6 after the date of the judgment, and unpaid taxes, penalties, interest or other amounts due under the judgment were not satisfied from the tax sales, we affirm the trial court’s order.

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