PA man claims property owner failing to provide deed

Kelly Holleran May 18, 2010, 7:39am

A Port Arthur man claims he cannot rent out property he rightfully owns because its former owner refuses to transfer the deed.

Raymond McClain filed a lawsuit May 5 in Jefferson County District Court against Linda Garrison.

McClain claims he bought property located at 1148 Waco Ave. in Port Arthur from Linda Garrison for $4,000. The property formerly belonged to Linda Garrison's father, Oneal Garrison, but became hers after he died in August 2006, according to the complaint.

After purchasing the property, which had been damaged in Hurricane Ike, McClain claims he made significant improvements to it, believing that Linda Garrison would transfer the deed to him.

However, Linda Garrison has failed to perform acts required of her, such as filing an inventory, appraisement and list of claims, and the court removed her as executor of her father's estate in March, the suit states.

Still, McClain has attempted to get the deed transferred into his name, the complaint says.

"McClain has contacted the Defendant by phone and in writing several times, and even provided her with a deed to sign, but to date the Defendant has not signed the deed to the Property," the suit states. "As a result, record title to the Property still shows to be held by the estate of Oneal Garrison, and McClain is unable to rent the Property as section VIII housing."

In his three-count complaint, McClain alleges breach of contract and specific performance and trespass to try title against Linda Garrison.

He seeks a declaration that the agreement he signed with Linda Garrison obligates her to convey the property to him and that the property does belong to him. He also seeks attorney's fees, costs, pre- and post-judgment interest and other relief the court deems just.

Langston Scott Adams of Port Arthur will be representing him.

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

Jefferson County District Court case number: B186-791.

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