Lawsuit filed by Jefferson County residents to contest foreclosure

A Beaumont couple filed suit in an attempt to contest a foreclosure action.

Floyd Riley and Sonia Riley filed a petition contesting the right to foreclose May 2 in the Jefferson County Court against Bank of New York Mellon, as Trustee for Certificate Holders of the CWABS Inc., Asset-Backed Certificates, Series 2004-5, Green Tree Servicing LLC and Bank of America NA.

According to the complaint, the plaintiffs obtained a Texas home equity loan for $104,000 from Countywide Home Loans on April 22, 2004. After the plaintiffs missed payments under the note, they entered into a loan modification agreement with Bank of America on June 6, 2009, according to the complaint. However, the plaintiffs contend the modification did not comply with the requirements of the Texas Constitution.

Floyd Riley and Sonia Riley are seeking declaratory relief, including asking the court to declare the lien void as of July 4, 2009, and/or declare the loan forfeited and damages. The plaintiffs are representing themselves in the case.

Jefferson County Court Case No. E-0195659.

This is a report on a civil lawsuit filed in the Jefferson County Court. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it only represents one side of the story.