Doctor sued over failure to pay note

Kelly Holleran Jul. 23, 2009, 9:11am

An Iowa company has filed suit against a doctor and a Winnie resident, alleging they have failed to make payments on a promissory note.

State Resources Corp. alleges Dr. Maria S. Blahey executed a promissory note with Wachovia Bank on Feb. 9, 2005, for $281,405.

According to the complaint filed July 21 in Jefferson County District Court, Brian MacCallum and Blahey also delivered commercial guarantees in which they guaranteed payments of the note.

In addition, Blahey granted a security interest in certain collateral to guarantee repayment of the note, the suit states.

On May 8, 2007, Wachovia transferred the note, along with its securities, to State Resources Corp., the complaint says.

Despite written demand, Blahey and MacCallum have failed to make payments on the note, State Resources Corp. claims.

It is suing for a judicial foreclosure of the security interest and is requesting that money from the collateral be used to pay for Blahey's and MacCallum's debt.

It is also asking that the unpaid principal and interest become due at the time of the trial. State Resources Corp. is seeking attorneys' fees, pre- and post-judgment interest, costs and other relief to which it may be entitled.

Diana L. Nichols and Jonathan M. Buck of Kelly, Hart and Hallman in Austin will be representing the plaintiff.

The case has been assigned to Judge Donald Floyd, 172nd District Court.

Jefferson County District Court case number: E184-532.

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