Beaumont man says B of A wrongly sold his house at auction

Kelly Holleran Jul. 13, 2012, 7:42am

A Beaumont man claims Bank of America wrongly sold his house in public auction.

Jason W. Apodaca filed a lawsuit July 2 in Jefferson County District Court against Bank of America.

In his complaint, Apodaca alleges he obtained a mortgage for his home on Pinkstaff in Beaumont, which was assigned to Bank of America.

Since then, Bank of America has accelerated the mortgage, according to the complaint. On July 3, the bank then posted a substitute trustee notice of sale, selling the property in a public auction, the suit states.

Apodaca alleges he did not realize Bank of America held his mortgage until the notice of sale and that the sale should never have occurred, the complaint says.

In his complaint, Apodaca seeks a restraining order that prevents the bank from selling his property, plus actual and exemplary damages, pre- and post-judgment interest, costs, attorney's fees and other relief the court deems just.

Thomas J. Sibley of Beaumont will be representing him.

The case has been assigned to Judge Donald Floyd, 172nd District Court.

Case No. E192-643

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