Bank says foreclosure stalled because of missing paperwork at clerk's office

Kelly Holleran Jul. 13, 2012, 7:00am

A bank claims it is having difficulty foreclosing on a property due to missing paperwork in the county clerk's office.

Bank of America filed a lawsuit June 20 in Jefferson County District Court against Allen K. Marble, Shannon Marble, Shawn A. Jurek and Carolyn D. Jurek.

In its complaint, Bank of America claims its predecessor, Countrywide, issued a mortgage to the Jureks for $177,300 to help them buy property in 2007 from the Marbles at 1028 North 22nd St. in Nederland. The Jureks secured their loan with a Deed of Trust, according to the complaint.

Bank of America has since discovered that the Power of Attorney, the Warranty Deed and the Deed of Trust can no longer be found in the real property records in Jefferson County, the suit states. However, when the Jureks first purchased the property, the required paperwork was filed in the correct place, the complaint says.

"At some subsequent date, the County Clerk 'un-recorded' those instruments and removed them from the indexes," the suit states. "Plaintiff was not told of this 'un-recording' at the time in occurred."

As a result, Bank of America claims it has been impossible to foreclose on the Jureks' property.

The bank seeks a declaratory judgment that validates the Power of Attorney, the Warranty Deed and the Deed of Trust originally signed with the Jureks. It also seeks equitable relief in the form of a foreclosure, plus attorney's fees and general relief.

Larry E. Meyer of Jones Gill in Houston will be representing it.

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

Case No. A192-591

More News