The Bank of New York Mellon has filed a lawsuit in Harris County, Texas, seeking to resolve a dispute over a property loan. The complaint was filed on April 4, 2025, against several defendants including Gerardo Salazar and Marisol Perez, among others. This legal action stems from an unpaid mortgage debt related to the estate of Herlinda L. Perez.
According to the petition filed by The Bank of New York Mellon, formerly known as The Bank of New York as Trustee for Registered Holders of CWABS, Inc., Asset-Backed Certificates Series 2004-5, the case involves a mortgage agreement initially executed by Herlinda L. Perez on March 29, 2004. The loan amount was $86,925.00 and was secured by a property located at 2430 Summer Spring Drive in Spring, Texas. Following Herlinda L. Perez's death on February 12, 2022, her heirs allegedly inherited the property but failed to fulfill the obligations under the loan agreement.
The bank asserts that despite acquiring an interest in the property upon Herlinda's death, her heirs have not made any payments towards the outstanding debt since October 1, 2024. A notice of default was sent on December 12, 2024; however, no corrective action was taken by the heirs. Consequently, The Bank of New York Mellon seeks judicial intervention to enforce its rights under the loan agreement and recover its financial interests.
In their filing, The Bank of New York Mellon requests several forms of relief from the court. They seek a declaration affirming their statutory probate lien against the property and permission to proceed with either non-judicial or judicial foreclosure to satisfy the outstanding debt. Additionally, they request that any occupants be removed through a writ of possession if necessary after foreclosure proceedings are completed.
Representing The Bank of New York Mellon are attorneys Peter Knapp and Bradley Conway from Miller George & Suggs PLLC based in Plano, Texas. The case is presided over by Judge Monica Jackson in Harris County District Court under Case ID: 2025-23314.