Lawsuit argues 2011 sale of Galveston house fraudulent

John Suayan, Galveston Bureau May 6, 2013, 5:34pm

GALVESTON - A Galveston woman alleges that she was misled into selling her home and has filed a lawsuit, recent court documents say. 

According to Sammi Gail Deming, Cody Michael Matousek, another Galveston local, took advantage of her decreasing mental capacity to acquire the subject property and sell it to someone else.

The suit was filed May 1 in Galveston County District Court.

Deming first sold the residence to Matousek on May 2, 2011, for approximately $24,000.

Matousek then "turned around" and sold said property to Esmaeil Moshtagh "for over a 100% profit" though the actual value as of the time of the closing was near $80,000, the original petition says.

It insists the plaintiff's condition made it difficult for her to understand what she was doing, stating Matousek was aware of her disability.

When Moshtagh was informed of the supposedly fraudulent transfter, he refused to return the house to Deming and the latter was subsequently evicted, the suit says.

Moshtagh joins Matousek as a defendant in the litigation.

Deming, who is unemployed and receiving government assistance, says she is now living in an apartment.

She also seeks unspecified monetary damages.

Attorney Colleen M. McClure of Houston is representing the complainant, and Galveston County 212th District Court Judge Susan Criss is presiding over the case.

Case No. 13-CV-611

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