Homebuyers forced to make additional payments, suit claims

Kelly Holleran Feb. 27, 2012, 3:26pm

Two Jefferson County men have filed suit against the people who sold them their property for defaulting on the lien.

Mario Espinola and Tomas Espinola claim they purchased property at 3024 Commerce St. in Port Arthur from the defendants for $125,000 on April 1, 2011. They say they put down $62,500 at the time of the purchase and have been making monthly payments of $5,494.74.

Despite the Espinolas' payments, defendants Lloyd P. Broussard and Envirotech Services defaulted on the lien on the property, according to the complaint filed Feb. 21 in Jefferson County District Court. In turn, the lien holder, Great Central Mortgage Acceptance Mortgage Co., threatened to sell the property, the suit states.

"Plaintiffs had to pay four months of note payments, as well as attorneys' fees and late fees, to cure the default and prevent the property from being sold," the complaint says. "Additionally, Plaintiffs have continued to pay the monthly note owed to Great Central Mortgage Acceptance Company by defendants so they will not lose the property in which they have invested a large sum of money."

In their complaint, the Espinolas allege breach of contract and fraud against the defendants.

They are seeking actual damages, attorney's fees, costs, pre- and post-judgment interest at the highest rate allowed by law and other relief the court deems just.

Brandon P. Monk of The Monk Law Firm in Port Arthur will be representing them.

The case has been assigned to Judge Bob Wortham, 58th District Court.

Case No. A191-998

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