Jefferson County residents allege former property owner wrongly attempting to foreclose

By Kelly Holleran | Feb 4, 2013

Two Jefferson County residents claim they wrongly face foreclosure after the lender of their mortgage failed to honor his agreement with them. 

Dale and Beth Darby filed a lawsuit in Jefferson County District Court against Dennnis Y’Barbo.

In their complaint, the Darbys claim Y’Barbo lent them $135,000 so they could buy commercial property. In turn, the Darbys agreed to repay Y’Barbo $1,000 per month with 0 percent interest, according to the complaint.

For months, the Darbys made timely payments to Y’Barbo, but offered to hand back the keys and the property to Y’Barbo on June 1, 2010, because their business was not doing well, the suit states.

The Darbys have made $55,000 worth of payments since they began repaying the loan, but decided to place the property on sale after Y’Barbo refused to accept the keys, the complaint says.

Since discovering that the property is on the market, Y’Barbo demanded full payment of the amount he lent them. He represented that the Darbys owe him $110,000, plus 18 percent per interest, the according to the complaint. The Darbys, however, contend that they owe only $80,000 with 0 percent interest, the suit states.

In addition, they say it is difficult for them to sell the property because Y’Barbo, who lives there, has desecrated it, the complaint says.

“Defendant has accumulated and stored ‘junk’ on and around the property and had not cleaned up after his animals,” the suit states. “Because of his neglect, plaintiffs have had a hard time showing the property and selling the property.”

The Darbys allege misrepresentation and breach of contract against Y’Barbo.

In their complaint, the Darbys seek a temporary restraining order that would prevent Y’Barbo from foreclosing on the property, plus unspecified damages and other relief the court deems just.

Barrett P. Lindsay and Michael J. Lindsay of Lindsay, Lindsay and Parsons in will be representing them.

The case has been assigned to Judge Bob Wortham, 58th District Court, has been assigned to the case.

Case No. A193-869

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