SE Texas Record

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Disabled man claims he was swindled out of property by local couple

By Kelly Holleran | Oct 23, 2008

A Jefferson County man has filed suit against a Beaumont couple and the woman's mother, claiming their conspiracy against him has forced him to lose property that belongs to him.

Glen Ray Waldrop claims he is the owner of 3.27 acres located at 14775 Labelle Road in Beaumont.

He entered into what he believed to be a contract for deed with Jeff Allen and Theresa Ann Theal in May 2001, according to the complaint filed Oct. 21 in Jefferson County District Court.

In the contract for deed, Waldrop believed the Theals would purchase the property through monthly installments, the suit states.

Waldrop, who claims he is mentally and physically disabled but not incompetent, alleges the document he signed contained only a signature page while the face of the document was concealed from him, the suit states.

In fact, the document Waldrop signed was a general warranty deed, transferring ownership of the property to the Theals, he claims.

Theresa Ann's mother, Charlotte A. Prevost, executed the general warranty deed, but is prohibited from doing so because she is not an attorney, according to the complaint.

Waldrop knew nothing about the general warranty deed or Prevost's role until the Theals ceased their monthly payments in April 2007, the suit states.

Waldrop claims he tried to sell the land and had a buyer.

"As is customary, the title company performed a title search, at which time it was discovered that a Warranty Deed dated Feb. 20, 2000, concerning the subject property, had been recorded on Oct. 30, 2002, and record title was in the name of Defendants Theal," the suit states.

Waldrop claims the Theals and Prevost conspired against him, knowing that he was mentally disabled.

As part of their conspiracy, the Theals and Prevost allowed Prevost to practice law without a license, concealed the deed's true nature, caused the deed to be recorded in the Jefferson County Courthouse and caused a fraudulent entry in Prevost's notary book, according to the complaint.

Waldrop seeks a declaratory judgment that declares the general warranty deed void and unenforceable.

He also seeks an equitable lien in favor of him and against the Theals and Prevost, a judgment declaring the Theals to be in default of the equitable lien, an order of a judicial foreclosure of the equitable lien, an order declaring the installment sales agreement between Waldrop and the Theals null and void and an order declaring the Theals to have breached their installment sales agreement with Waldrop.

In addition he seeks unspecified damages, prejudgment interest, attorney's fees, costs and other relief the court deems just.

Waldrop is represented by Thomas P. Roebuck Jr., of Roebuck and Thomas in Beaumont.

Case No. A182-569.

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