Couple seeks order to stop trustee's sale of property

Kelly Holleran Mar. 7, 2010, 1:53pm

A Beaumont couple claims a mortgage company is attempting to foreclose on their property even though they say they have made the required monthly payments.

Antonio R. and Hilda L. Trista Candelaria filed a lawsuit March 1 in Jefferson County District Court against Edward Williams, Citimortgage, Carolyn Ciccio, Tommy Jackson, Misti Montalvo, Selim Taherzadeh, Cara Featherstone and David Moon.

The Candelarias claim they own property in Beaumont, which they purchased from Williams on Feb. 19, 2002.

After Williams sold the Candelarias the property, he turned around and mortgaged the same property to Corinne Palmer Anold, who transferred the note to Citimortgage, according to the complaint.

The Candelarias faithfully paid their monthly mortgage payments to Williams, but remained unaware of the subsequent mortgage Williams issued, the suit states.

"Apparently Defendant, Edward Williams, did not pay the mortgage even though he was paid by your plaintiffs," the suit states. "The Defendant, Citimortgage, posted notice of trustee's sale for March 2, 2010."

Although the Candelarias claim they have attempted to resolve the issue with Citimortgage, the couple claims Citimortgage will not work with them since they are not the mortgagors. The Candelarias are facing additional resistance from Williams, who refuses to return their phone calls, according to the complaint.

"Unless a temporary restraining order, without notice, is granted by the Court, immediate and irreparable injury, loss, and harm will result to Plaintiffs in that they will lose their property and all of the money previously invested therein, without having a fair opportunity to protect their investment," the suit states.

The Candelarias seek a temporary restraining order preventing the defendants from conducting a trustee's sale, an order enjoining the defendants from selling the property after a hearing, costs and other relief to which they may be entitled.

Mel W. Shelander of Beaumont will be representing them.

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

Jefferson County District Court case number: E186-141.

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