Groves woman claims company wrongly foreclosed on home

Kelly Holleran Oct. 23, 2008, 7:24am

A Groves woman has filed suit against a financial institution, claiming the company wrongfully foreclosed on her house.

Shelley Deane Aaron claims she owned property at 7077 32nd St. in Groves and entered into a deed of trust with Conseco Finance Servicing Corp. on Oct. 19, 2000.

Aaron fell behind on her payments in 2006, but gave Conseco permission to withdraw $2,313.51 from her account in October 2006, which she was told would catch her up for back payments, according to a complaint filed Oct. 21 in Jefferson County District Court.

But when she called the company on Oct. 24, 2006, inquiring about her payment, it told her she was in foreclosure and owed additional money, the suit states.

Aaron claims her home was worth about $65,000 at the time of the foreclosure, and she still owed $45,626.03 on it at the time.

She claims Conseco owes her $20,626.03, which is the difference between the value of the house and how much she owed.

Conseco's misstatement of fact in October 2006 has caused Aaron actual, consequential, statutory and incidental damages, plus lost property value, she claims.

In addition to the $20,626.03, Aaron is seeking consequential, mental anguish and statutory damages, plus attorney's fees, court costs, pre- and post-judgment interest and other relief the court deems just.

She is represented by Wyatt D. Snider and Jason M. Byrd of Snyder and Byrd in Beaumont.

Case No. D182-572.

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