Real estate investor says wrong type of lien filed on property

By April Bamberg | Aug 29, 2014

A real estate investment company is suing for removal of a lien on a property they own, claiming the lien itself is unenforceable.

Hogar Community Reinvestment LLC filed suit July 30 in the Jefferson County District Court against Admire Kadinge.

According to the complaint, the defendant entered into a contract for resale of a Port Arthur property owned by the plaintiff. The contract was terminated and a release of earnest money agreement was signed and delivered to the title company, the suit states.

The lien in question is a mechanic's lien, for which an affidavit was filed in the property records office in Jefferson County on April 8. The plaintiffs say that while this lien is for the return of earnest money, the wrong type of lien has been filed and is therefore unenforceable. A mechanic's lien is meant for work not done or to have material returned, the suit states.

The plaintiff asks the court to remove the enforceable lien.

The company is represented by C. Mark Murrah of Phillips & Reiter PLLC of Houston.

Jefferson County District Court Case No. A195-930

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

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