Sunday, April 29, 2012

Lawsuit: Property Seller Under Contract For Deed Pocketed $51K In Payments, Then Stiffed Buyer On Title Transfer

In Jefferson County, Texas, The Southeast Texas Record reports:

  • A Jefferson County woman claims the seller of property she purchased refuses to convey the property's deed to her. Doris Marie Living filed a lawsuit April 5 in Jefferson County District Court against Calvin Spikes.

  • In her complaint, Living claims she entered into a contract for deed and made $51,000 in payments. Despite Living's payments, however, Spikes refuses to transfer the deed to her, breaching his contract with her, according to the complaint.

  • Spikes also violated the Texas Property Code by refusing to transfer the property title to Living, the suit states. Not only did Spikes refuse to give Living the deed to the property she purchased, but he also overcharged her by $4,000, the complaint says.

  • In her complaint, Living seeks a declaratory judgment that she legally owns the title to the property.

  • She also seeks actual damages, a refund of overpayments, liquidated damages in the maximum amount allowed by law, attorneys' fees, costs, pre- and post-judgment interest and other relief the court deems just.

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