Couple says lender unfairly foreclosed home

David Yates Apr. 23, 2007, 2:00pm

Ronald Benoit and his wife Judith are suing the Never Co., Citi Mortgage and Brian Vogt for unfairly foreclosing on their home and trying to evict them.

According to the plaintiffs' petition, filed in the Jefferson County District Court on April 20, Ronald was injured on the job and fell behind on his mortgage. The couple had more than $100,000 of equity built up in their home, but still owed Citi $37,033.90.

"Citi alleged plaintiffs defaulted under terms of the note," the petition stated, adding that the Benoits contacted the lender and informed Citi of their recent hardship.

The suit goes on to say Citi agreed to work with the Benoits and allow them to keep their home, but foreclosed on their home and sold the property to the Never Co. and Brian Vogt.

"Plaintiffs are unaware of the price paid by defendants Never and Vogt but believe the purchase price was only a fraction of the market value of plaintiffs' home," the suit said.

The Benoits claim Citi has committed common law fraud against them and illegally foreclosed on their home.

The couple seeks declaratory judgment declaring hat the foreclosure was illegal and is requesting a temporary restraining order and injunction.

"Plaintiffs would show that they are entitled to possession and ownership of the house, and defendants are making attempts to evict them; therefore, an injunction is necessary," the suit said.

If approved, the restraining order would keep Never and Vogt from evicting the couple.

The Benoits are also suing for court costs and are demanding a trial by jury.

They are represented by the Beaumont law firm Roebuck Thomas.

Court assignment is pending.

Case No. D179-148

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