Couple says lender foreclosed despite new buyer

Kelly Holleran Dec. 19, 2011, 6:11am

Two Beaumont residents allege their lender is wrongly attempting to foreclose on their home even though they have a buyer who is willing to pay off money the residents owe on a promissory note.

Martin C. Fontenot and Stacie Y. Fontenot filed a lawsuit Dec. 5 in Jefferson County District Court against Tin Inc. doing business as Temple-Inland.

The Fontenots allege Temple-Inland is threatening to foreclose on their property at 3911 Tolivar Canal Road in Beaumont because of missed payments they made on a promissory note. The Fontenots had used their property as security for the note, according to the complaint.

The couple had managed to find buyers for a portion of their land that would cover the debt they owed to Temple-Inland, the suit states. However, Temple-Inland has refused to cooperate with them to allow the transaction to go through, the complaint says.

In their complaint, the Fontenots allege wrongful foreclosure against the defendant.

They seek their legal rights and actual, consequential and incidental damages, plus attorneys' fees, costs, pre- and post-judgment interest and other relief the court deems just.

Wyatt D. Snider and Russell W. Heald of Snider Law Firm in Beaumont.

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

Case No, B191-431

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