Sunday, May 27, 2012

Suit: Trash-Out Contractor Swiped F'closed Homeowner's Work Tools From Adjacent Lot Not Part Of Sale Proceedings; Leaves Victim Unable To Earn Living

In Beaumont, Texas, The Southeast Texas Record reports:

  • A Jefferson County man has filed suit against the company that he claims refused to modify his mortgage after he faced financial hardships.
  • [Gregory James] Viator's property on White Perch Lane in Beaumont was sold on Aug. 3, 2010, to CMC, the suit states. Viator was given until Oct. 8, 2010, to vacate the premises, the complaint says.

  • Viator claims he moved all of his property onto an adjacent lot that was not subject to the foreclosure proceedings. However, when defendant Dana Bellanger was hired by defendant Federal National Mortgage Association to clean the property, he removed Viator's personal property from the adjacent lot, according to the complaint.

  • Although Viator has demanded return of his property, he has not yet received it back, the suit states. "Plaintiff, without his possessions, namely his work tools and equipment, is totally destitute and cannot perform his usual and normal trade to support himself," the complaint says.

  • In his complaint, Viator is seeking compensation for all tools and equipment that was destroyed and for lost wages. He is also seeking damages for his mental anguish, plus court costs, pre- and post-judgment interest and any other relief the court deems just.

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