Bacliff woman wants insurance funds released so home can be repaired

John Suayan, Galveston Bureau Nov. 17, 2010, 3:53pm

GALVESTON - Shirley Peebles seeks to recover from Green Tree Servicing insurance funds she claims are necessary for repairs to her property in Bacliff.

Peebles and Green Tree Servicing were issued a check in the amount of $9,759 after Hurricane Ike inflicted damage to the complainant's property, according to a lawsuit filed Nov. 16 in Galveston County District Court.

Recent court documents state that the defendant maintained a security interest in the aforementioned property by way of a loan.

Green Tree Servicing "has continued to hold a portion of the proceeds and has made it extremely difficult for (Peebles) to make repairs," the original petition says.

Peebles additionally faults the defendant for failing to conduct a timely inspection, claiming the act is a violation of the deed of trust between both parties.

"By breaching the deed of trust, the defendant has lost the right to hold the insurance proceeds in question," the suit says.

Consequently, the plaintiff demands the release of any remaining insurance proceeds, payment of interest equaling 10 per cent yearly on the insurance proceeds, attorney's fees and court costs as well as a jury trial.

Snider & Byrd LLP is representing Peebles, and Galveston County 405th District Court Judge Wayne Mallia is presiding over the case.

Case No. 10-cv-4168

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