Woman sues ex to get house payments

John Suayan, Galveston Bureau Nov. 4, 2009, 8:00am

GALVESTON - Faced with imminent foreclosure on property she won in divorce proceedings, a League City woman is suing her ex-husband and two financial servicing companies in Galveston County District Court to recover necessary payments.

Sophia Martin's suit against George Martin, Southstar Funding and Litton Loan Servicing, filed Oct. 28, faults the defendants for interfering with the plaintiff's right to title on the residence in question in addition to negligence, breach of contract and fraud.

"The defendants have not filed or signed the proper documents so that she can get title and make payments on the house so as to prevent foreclosure," the original petition says.

"Now it has come to a point where the defendants are posting for foreclosure. The plaintiff needs to stop the foreclosure."

Sophia Martin argues that she does not have an adequate remedy at law because the foreclosure was close at hand and insists she has exercised due diligence in prosecuting the claim.

In addition to the suit, the plaintiff has filed for a temporary restraining order and injunction effective Nov. 3.

"The injury to the plaintiff if the defendants continue the conduct... would outweigh any injury the restraining order and injunction might cause defendants, and issuance of the restraining order and injunction would not disserve the public interest," court papers say.

Along with the contested title and house payments, Sophie Martin seeks attorney's fees and a jury trial.

Houston attorney M.T. Sandoval is representing the plaintiff, and the case has been assigned to Galveston County 122nd District Court Judge John Ellisor.

Case No. 09CV2024

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