Bank wants to foreclose under reverse mortgage

Kelly Holleran Feb. 17, 2010, 8:58am

Bank of America claims it has the right under a reverse mortgage to foreclose on a woman's property after her death.

The bank filed a lawsuit Feb. 10 in Jefferson County Circuit Court against Darlene Foxworth, Denise Bainbridge, Dena Martinez and the other unknown heirs at law of Dorris Louise Guidry.

Bank of America claims Guidry executed a reverse mortgage on her home at 213 Hill Terrace Drive in Nederland. Under the terms of the mortgage, Guidry received monthly payments from Bank of America and had no liability under the debt.

However, when she died, the reverse mortgage debt would be accelerated, and the bank would foreclose on her property, according to the complaint.

Guidry died on Jan. 16, 2009, but since her death, no one has been ruled executor of her estate, the suit states. Because there is no executor, under Texas law, the heirs-at-law acquired all of Guidry's property, the complaint says.

Bank of America claims Foxworth, Bainbridge and Martinez became Guidry's heirs-at-law.

Now the bank wants the court to issue a declaratory judgment divesting Guidry's heirs-at-law of all right, title and interest in her property upon foreclosure of the property.

It also wants any occupants who remain in the property after foreclosure to be removed by writ of possession and seeks other relief the court deems just.

Mark G. Torabi of Barrett, Daffin, Frappier, Turner and Engle in Addison will be representing the bank.

The case has been assigned to Judge Bob Wortham, 58th District Court.

Jefferson County Circuit Court case number: A185-888.

More News