Wrongful foreclosure suit dismissed
A motion to dismiss was recently granted in litigation brought by Caleb and Kristal Infante Spinks, who sued Maria Infante Brown last June, alleging she is wrongly attempting to foreclose on them even though they have made all required payments.
Court records show that on Jan. 21 the plaintiffs filed a motion to dismiss, stating they no longer wished to prosecute the matter.
On Feb. 5 Judge Bob Wortham, 58th District Court, dismissed the defendant with prejudice.
In their suit, the Spinks alleged Brown sold them a piece of Jefferson County property for $19,350. In turn, the Spinks made their monthly payments of $252.61.
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 suffered economic and mental damages.
Carl A. Parker of The Parker Law Firm in Port Arthur represented them.
Port Neches attorney H.P. Wright of Wright & Pitre represented the defendant.
Case No. A192-558