Capital One seeks recovery of $70K promissory note

Kelly Holleran Feb. 18, 2010, 3:39am

Capital One has filed suit against a Jefferson County couple and a McLennan County business, claiming they failed to pay more than $70,000 owed under a promissory note.

Capital One claims it holds a homestead lien contract and deed of trust dated Sept. 13, 2009, which was executed by defendants Darrell W. and Becky A. Decluitt and The Praetorian Corp. securing a promissory note for $100,000.

According to the complaint filed Feb. 11 in Jefferson County District Court, the defendants have failed to make the required payments under the promissory note.

"Pursuant to the terms of the promissory note, the balance due as of Feb. 2, 2010, was $72,041.06, of which $65,714.36 is principal, $4,456.71 is accrued unpaid interest, $480.00 is late charges, and $703.25 is other fees/cost," the suit states.

In addition to the money it says it is owed, Capital One is seeking an order foreclosing its lien on the property and an order directing the issuance of an order of sale foreclosing its lien, plus costs and other relief the court deems just.

It will be represented by Robert B. Dunham of Sheldon and Dunham in Beaumont.

The case has been assigned to Judge Gary Sanderson, 60th District Court.

Jefferson County District Court case number: B185-922.

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