A Jefferson County resident has filed suit against the man who she claims is wrongfully attempting to foreclose on her property.

Shirley Johnson claims attorney and Ward II Beaumont City Councilman Michael Gertz has scheduled a foreclosure against her property at 840 Palermo St. in Beaumont. However, Johnson has appealed his motion, according to the complaint filed Aug. 7 in Jefferson County District Court.

"In lieu of the events and circumstances by Plaintiff, between May through August, 2012, Plaintiff asserts that any foreclosure actions by Defendant is premature and should be abated," the suit states.

If her home is foreclosed on, Johnson claims she will suffer irreparable injury.

"Specifically, Plaintiff will be harmed in that this is their homestead and they will lose all of the money previously invested in the property without having a fair opportunity to protect the investment of which Plaintiff have not adequate remedy at law," the complaint says.

In her complaint, Johnson is asking the court to invalidate the foreclosure sale. She is also asking the court to permanently prohibit Gertz from foreclosing on her property and other relief the court deems just.

Gaylyn Leon Cooper of Beaumont will be representing her.

The case has been assigned to Judge Gary Sanderson, 60th District Court.

Case No. B192-784

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