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Discovery starts in wrongful foreclosure suit

SOUTHEAST TEXAS RECORD

Friday, November 22, 2024

Discovery starts in wrongful foreclosure suit

Foreclosure

Discovery has begun in litigation brought by Caleb and Kristal Infante Spinks, who sued Maria Infante Brown in June, alleging she is wrongly attempting to foreclose on them even though they have made all required payments. 

Court records show that on Aug. 24 a certificate of discovery was filed, showing the defendant had responded to the plaintiff’s request for admissions.

In their suit, the Spinks allege defendant 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 have suffered economic and mental damages.

The Spinks allege economic, actual and punitive damages, plus costs, attorney’s fees and other relief the court deems just.

Carl A. Parker of The Parker Law Firm in Port Arthur represents them.

Port Neches attorney H.P. Wright of Wright & Pitre represents the defendant.

The case is assigned to Judge Bob Wortham, 58th District Court.

Case No. A192-558

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