A mortgage lender has taken legal action to foreclose on a property due to an alleged default on a loan agreement. Lakeview Loan Servicing, LLC filed the complaint in the District Court of Harris County, Texas, on November 15, 2024, against Jenita Boleware, Resurgence Financial, LLC, and the United States of America.
The case revolves around a property located at 12221 Valley Lodge Parkway in Humble, Texas. According to the filing, Jenita Boleware executed a promissory note for $246,453.00 with an interest rate of 4.250% per annum on December 17, 2021. The note was secured by a deed of trust encumbering the property. Lakeview Loan Servicing claims that Boleware failed to meet her payment obligations starting from February 1, 2024. As of November 8, 2024, the amount required to cure the default stood at $23,442.77.
Lakeview Loan Servicing asserts its position as the mortgagee under Tex. Prop. Code §51.0001(4) and seeks judicial foreclosure of the property due to Boleware's alleged breach of contract under the loan agreement evidenced by both the note and deed of trust. The plaintiff also highlights that all conditions precedent for foreclosure have been satisfied as per Texas Rules of Civil Procedure Chapter 51.
In addition to foreclosure relief, Lakeview Loan Servicing is pursuing damages totaling approximately $249,550.94 for unpaid amounts under the loan agreement and is seeking attorney fees and court costs as outlined in their contractual terms with Boleware. The plaintiff also requests post-judgment interest until full payment is made and a writ of possession to be issued following foreclosure.
Representing Lakeview Loan Servicing is Thomas L. Brackett from Barrett Daffin Frappier Turner & Engel LLP. The case has been assigned Case ID: 2024-80925 and will be presided over by judges from Harris County's judicial district.