Habitat given property under liens, has to take donors to court

David Yates Oct. 11, 2007, 10:27am

Charitably, Beaumont residents Harvey and Alma Henry gave a piece of property to Habitat for Humanity of Jefferson County, Inc. but neglected to mention there were two federal tax liens against the property.

Habitat for Humanity is suing the Henrys in amount "to satisfy the federal tax liens." The organization filed its breach of warranty lawsuit with the Jefferson County District Court on Oct. 10.

According to the plaintiff's original petition, on July 7, 2006 the Henrys conveyed to Habitat for Humanity by gift special warranty deed a piece of property located at 765 Madison, Beaumont, Texas.

"Plaintiff has built a home on this property and was in the process of conveying the property when plaintiff learned of two federal tax Liens filed of record against Alma A. Henry," the suit said. "Plaintiff advised the Defendants of these liens and asked the Defendants to remove these liens. As of the date of the filing of this Petition, Defendants have failed to remove these liens."

Habitat for Humanity is suing the couple for breach of warranty for failing to convey the title free and clear of all encumbrances. "Defendants conveyed bad title which is a breach of warranty of title."

"Plaintiff hereby sues Defendants for its damages� in an amount necessary to satisfy the federal tax liens, attorney's fees, both at the trial and appellate level and prejudgment and postjudgment Interest," the suit said.

The plaintiff is represented by Walter Snider of the Snider & Byrd law firm.

The case has been assigned to 60th District Judge Gary Sanderson.

Case No. B180-498

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