Port Arthur woman alleges slander of title in real estate deal

Kelly Holleran Jul. 19, 2010, 6:39am

A Port Arthur woman has filed suit against the man who she claims is attempting to foreclose on her home.

Christi Odom claims she entered into an agreement with David and Lavina L. Pendergrass to purchase a home at 3449 Seventh Ave. in Port Arthur in 2003.

Later, the Pendergrasses assigned the deed of trust used in the transaction to defendant Eric Gradney, according to the complaint filed July 2 in Jefferson County District Court.

"Defendant Eric Gradney asserts ownership of the 'Note' and that he is the beneficiary the 'Deed of Trust,'" the suit states. "Further, he asserts that he has a right to initiate the foreclosure proceedings on the property, to which the 'Note' and the 'Deed of Trust' are secured to."

Gradney began to execute foreclosure proceedings on Odom's property on March 5, the complaint says.

Odom alleges slander of title against Gradney or, in the alternative, cloud on title.

She claims her home suffered from a fire that severely damaged it. Proceeds Odom obtained from an insurance policy should be sufficient to extinguish the debt she owes to Gradney, according to the complaint.

In her complaint, Odom is seeking a judgment clearing her title to her home, to have the cloud on her home removed and to leave her undisturbed and in peaceable possession of her home.

She also is seeking attorney's fees, costs, exemplary damages and other relief to which she may be entitled.

Peter F. Doyle Jr. of Port Arthur will be representing her.

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

Jefferson County District Court case number: B187-210.

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