GALVESTON – Two Texas City residents are alleged to have misrepresented that a property was free and clear of all liens.
Cristina Velasquez-Cabrera and Jose Adan Jamarillo filed a complaint on Jan. 11 in the Galveston County District Court against Rocio Sorto and Amparo Monroy alleging breach of contract and fraud.
According to the complaint, the defendants sold to plaintiffs a real property on 16th Street Avenue, North Texas City for more than $80,000. The plaintiffs allege that the defendants represented that they owned the property "free and clean of all liens and encumbrances," but the plaintiffs later discovered the defendants' bank had a superior lien on the property.
The plaintiffs also allege the defendants represented the plaintiffs' payment included insurance coverage for any storm-related losses. The plaintiffs allege when Hurricane Harvey destroyed the roof, they learned the defendants had already received the money and they refused to pay the money to them.
The plaintiffs hold Sorto and Monroy responsible because the defendants allegedly breached their obligations under the contract by conveying the property to the plaintiffs when they were not the sole owners and also breached the agreement that all insurance proceeds would to go the plaintiffs for storm-related damages.
The plaintiffs request a trial by jury and seek an order declaring that contracts for sale of the property are illegal and unenforceable, award for monetary damages of more than $20,000, exemplary damages of more than $75,000, attorney fees and expenses and such other and further relief deemed just and proper. They are represented by Alfred Flores Jr. of The Flores Law Group in Houston.
Galveston County District Court case number 19-CV-0048