Loan company seeks summary judgment in suit over withholding insurance payments

David Yates Mar. 1, 2011, 5:28am

Two years ago, Paul and Anitra Henson sued their mortgage company, Homeq Servicing, for allegedly failing to endorse insurance proceeds for hurricane damage.

In their suit, filed April 17, 2009, in Jefferson County District Court, the Hensons say they forwarded insurance proceeds of $32,518 to Homeq and asked the company to endorse the checks so the Hensons could repair their home, which was damaged after Hurricane Ike.

According to the petition, Homeq contacted the Hensons and asked them to sign documents in order to have the insurance proceeds released.

The Hensons allege the packet of information asked them to do things that were unacceptable, such as to find a contractor who would sign a waiver of all current and future liens.

Court records show the couple refused to produce a waiver of lien, prompting Homeq to withhold the funds.

On Feb. 25 Homeq filed a motion for summary judgment, arguing that it had a right to hold the funds by law and that the Hensons have failed to produce any evidence of breach of contract, negligence or conversion.

The company is asking the court to grant it summary judgment and order that the plaintiffs take nothing.

Homeq is represented in part by Addison attorney Mark Cronenwett.

The Hensons are seeking unspecified actual, statutory, exemplary and consequential damages, plus damages for mental anguish. They are also asking for attorney's fees, court costs, pre- and post-judgment interest and other relief to which they may be entitled.

Wyatt D. Snider, Jason M. Byrd and Timothy Sawyer of Snider and Byrd in Beaumont represent them.

Judge Bob Wortham, 58th District Court, is presiding over the case.

Case No. A183-832

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