Woman sues to get out of brother's mortgage debt

David Yates Jun. 25, 2008, 9:20am

ORANGE -- An Orange County woman who inherited part of her brother's mortgage when their mother died has filed suit against her sibling to recover her share of the man's debt.

Beverly Richardson filed suit in Orange County District Court on June 10 against her brother Putnam Richardson, seeking $14,440.30.

According to the plaintiff's petition, on April 18, 2002, Putnam entered into a loan agreement with his mother, Beverly Williams, for $100,000 for the purchase of a homestead at 3805 Huntwick in Orange.

Putnam was to make 180 monthly installments of $555.55. If Williams passed away before the loan was repaid, the debt was to be divided among her children.

"Beverly Williams died on Aug. 15, 2005," the suit says. "Plaintiff acquired an undivided one-half interest in the loan. According to Williams' records, defendant made only two payments on the loan. After Oct. 10, 2006, a total of $28,888.0 was due under the loan … and plaintiff made a demand to defendant for her one-half amount of $14,440.30."

Beverly Richardson has also demanded her brother furnish proof that he has insured the property, which is pursuant under the loan agreement. "Defendant made no payments to plaintiff nor did he furnish evidence of insurance," the suit says.

Beverly Richardson claims Putnam breached his contract and is suing him for the unpaid default payments and the rest of the loan amount, which comes to $50,000. She is also asking for attorneys' fees.

She is represented by attorney Gary Linthicum of the Wells, Peyton, Greenberg & Hunt law firm.

The case has been assigned to Judge Buddy Hahn, 260th Judicial District.

Case No. D-080225-c

More News