Deeshaa Investments, LLC has taken legal action against Morrell Masonry Supply, Inc., filing a lawsuit in the District Court of Harris County, Texas on November 27, 2024. The complaint accuses Morrell Masonry Supply of wrongfully attempting to sell Deeshaa's property through a foreclosure sale without proper standing or authority.
The plaintiff, Deeshaa Investments, LLC, claims that Morrell Masonry Supply has posted their property located at 1632 Potomac, Houston, TX for a constable’s sale scheduled on December 3, 2024. This move stems from an old dispute dating back to 2015 when Faribroz Shojai's company, Contract Developers, Inc., hired Morrell Masonry for rehabilitation work on another property. A disagreement over charges led to a lawsuit where Morrell Masonry won and obtained a writ of execution against Contract Developers. However, Deeshaa Investments argues that this writ does not apply to their property since it is owned by a different entity altogether.
Deeshaa Investments asserts that Morrell Masonry has violated the Texas Property Code by failing to provide proper notice of default and intent to accelerate the debt before proceeding with foreclosure actions. The plaintiff alleges that the defendant's actions amount to common law fraud as they have falsely represented their authority to foreclose on the property in question. "Defendant cannot produce any evidence that they have the ability...to sell Plaintiff's Property via a deed of trust," states the complaint.
In response to these alleged violations and fraudulent activities, Deeshaa Investments seeks several forms of relief from the court. They request a declaratory judgment affirming that Morrell Masonry lacks standing to initiate foreclosure proceedings on their property. Additionally, they seek injunctive relief in the form of both temporary and permanent injunctions preventing any further foreclosure actions until rightful ownership and authority are established.
Represented by Brick DeLaRue PLLC law firm based in Houston, Texas, Deeshaa Investments also seeks actual damages within the jurisdictional limits of the court along with exemplary damages due to what they describe as malicious conduct by Morrell Masonry. They further request reasonable attorney fees under Chapter 38 of the Texas Civil Practices & Remedies Code.
The case is presided over by Judge Wanda Chambers in Court No. 234 under Case ID: 2024-83557.