Wednesday, June 20, 2012

Property Buyer Pursuant To Contract For Deed Sues Seller For Failure To Transfer Legal Title After Being Tendered Payment

In Galveston, Texas, The Southeast Texas Record reports:
  • Local resident Ivonne Elena Davila has filed suit against Flor Reyna of Spring for failing to provide documentation to real property in Texas City. A lawsuit filed June 7 in Galveston County District Court says Reyna, also known as Flor Orihuela, has failed to provide annual accounting statements to Davila for property on 11th Street as mandated by Texas law.

  • The original petition states that Davila demanded the defendant execute a warranty deed conveying the legal title to the property, tendered a promissory note and drafted a deed of trust.

  • According to court papers, Reyna contacted Davila's attorney and notified him "that she was willing to sign the deed and accept the proposed promissory note and the proposed deed of trust." The defendant also reportedly divulged that she had an attorney, but the suit states "no communication from the defendant to the plaintiff's counsel is appropriate or needs to be recognized."

  • Davila alleges her counsel repeatedly urged Reyna's to approve and sign the proposed documents to no avail. Failure to do so violates state law, according to the suit.

  • The plaintiff seeks a temporary injunction which prevents the defendant or anyone affiliated with her from "accelerating, maturing or canceling the contract for deed or threatening to do so" and at least $20,000 in attorney's fees.