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Plaintiff alleges breach by Defendant Heirs over Defaulted Home Equity Loan

SOUTHEAST TEXAS RECORD

Tuesday, March 4, 2025

Plaintiff alleges breach by Defendant Heirs over Defaulted Home Equity Loan

State Court
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District Courts of Harris County | Official website

A mortgage company is seeking legal recourse to foreclose on a property after the death of the original borrower left the loan in default. Rocket Mortgage, LLC filed a complaint in the District Court of Harris County, Texas, on February 21, 2025, against several heirs of the deceased borrower, Jonathan L. Brown.

The case revolves around a home equity loan agreement secured by property located at 707 Beachcomber Lane, Houston, Texas. The plaintiff, Rocket Mortgage LLC f/k/a Quicken Loans Inc., claims that following Jonathan L. Brown's death on November 14, 2022, his heirs inherited an interest in the property and are now parties to this suit due to their failure to meet payment obligations under the loan agreement. The mortgage company states that no payments have been made since August 1, 2023, resulting in a default amount of $22,607.48 as of August 17, 2024. By November 1, 2024, the total payoff amount had increased to at least $96,911.48 due to accrued interest and other costs.

The defendants named in this lawsuit include Theresa Brown (a mortgagor), Sonya Crockett, Leigh Ann Brown, Christopher Brian Brown, Adma Travis Brown (incorrectly spelled; should be Adam Travis Brown), Tabitha Jo Brown, and Jonathon Travis Brown—all identified as heirs of Jonathan L. Brown. Rocket Mortgage asserts that these individuals acquired their interest in the property immediately upon Jonathan's death under Texas Estates Code §101.001 but have not assumed personal liability for the debt.

Rocket Mortgage seeks a declaratory judgment authorizing non-judicial foreclosure on the property under TEX CONST art XVI §50(a)(6) and TEX PROP CODE §51.002. They request that the court declare their right to foreclose and divest all defendants of any claim or interest in the property post-foreclosure sale through a trustee’s deed.

Additionally, Rocket Mortgage is pursuing enforcement of its statutory probate lien against the property under various sections of Texas law which provide that estate properties pass subject to debts owed by decedents at their time of death.

Representing Rocket Mortgage is attorney Thomas L. Brackett from Barrett Daffin Frappier Turner & Engel LLP based in Addison, Texas. The case was filed under Case ID: 2025-12044 with Judge Patricia Jones presiding over proceedings at Harris County District Court.

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