Sunday, August 12, 2012

Contract For Deed Ends In Tug-Of-War For Title To Premises; Seller Refuses To Hand Over Title To Dead Buyer's Estate, Pockets $35K+ In Overpays: Suit

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

  • An area resident is accusing a Beaumont couple of failing to hand over the deed to a property that was paid for by the man's benefactor.

    Glen Brantley, as executor of the estate of Earl Brantley Jr., filed suit against Cristeto and Canlas Polvorosa on July 24 in Jefferson County District Court, seeking to take possession of the property of question.

    According to the lawsuit, Earl Brantley Jr. entered into a contract for deed agreement with the defendants. All payments required were made, including an overpayment of $35,225.85.

    However, the defendants refuse to provide the plaintiff with the deed to the property, racking up $682,500 in statutory penalties.

    The suit accuses the defendants of breach of contract, violating the Texas Property Code and promissory estoppel. The plaintiff is suing for actual damages, a refund of the overpayment and declaration that plaintiff is the legal titleholder of the property.

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