Couple sues home seller over wrongful foreclosure

Kelly Holleran Jun. 24, 2012, 8:18am

Two Jefferson County residents have filed suit against the person who sold them their home, attempting she is wrongly attempting to foreclose on them even though they have made all required payments.

Caleb and Kristal Infante Spinks allege defendant Maria Infante Brown sold them a piece of Jefferson County property for $19,350. In turn, the Spinks made their monthly payments of $252.61, according to the complaint filed June 12 in Jefferson County District Court.

Suddenly, however, Brown stopped accepting their payments, the suit states. The plaintiffs later learned that Brown did not own a clear title to the property, the complaint says.

"Plaintiffs would show they have made considerable improvements to said property and defendant is urging the lienholder on said property to foreclose on plaintiffs, or convey title to the property back to defendant," the suit states.

Because of Brown's actions, the Spinks say they have suffered economic and mental damages.

Brown violated the Deceptive Trade Practices Consumer Protection Act by her actions, according to the complaint.

In their complaint, the Spinks allege economic, actual and punitive damages, plus costs, attorney's fees and other relief the court deems just.

Carl A. Parker of The Parker Law Firm in Port Arthur will be representing them.

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

Case No. A192-558

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