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Borrower alleges third party failed to submit their loan payments resulting in foreclosure

SOUTHEAST TEXAS RECORD

Thursday, November 21, 2024

Borrower alleges third party failed to submit their loan payments resulting in foreclosure

Lawsuits
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HOUSTON — The borrowers of a $370,000 loan claim their property faced foreclosure due to a third party's failure to submit their payments on time. 

Gregory Hunter and Nu Money Inc., filed a complaint July 16 in Harris County District Court against IRT & Associates Inc., its assigns and/or successors in interest alleging deceptive trade practices, breach of contract and other claims. 

According to the complaint, the defendant was the lender on a promissory note for $370,000 issued to the plaintiffs on May 1, 2015 as a loan for improvements to a property located on Rushing Spring Drive in Pearland. The plaintiffs claim that a deed of trust and general warranty deed with a wrap around mortgage on the property were simultaneously executed and that they submitted payments on the loan through IRT. 

The plaintiffs further claim that despite making payments on the loan, the property went under foreclosure on March 3, 2020, due to IRT's failure to submit the payments on time to the "underlying existing lien holders." They allege that IRT failed to peform their obligations under the deed of trust and "intended to cause substantial injury." 

The plaintiffs seek monetary relief, interest, trial by jury and all other just relief. They are represented by James Q. Pope of The Pope Law Firm in Houston. 

Harris County District Court case number 2021-43125

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