Eagle Pass Real Estate Investor sued for Deceptive Trade Practices and Fraud

By: Jose G. Landa, Eagle Pass Business Journal, Inc., Copyright 2015

Four Eagle Pass, Texas residents in two separate real estate transactions have sued Eagle Pass real estate investor Jose Alfredo Casares for fraud, deceptive trade practices, and violation of the Texas Property Code, according to Plaintiffs Verified Petition for Temporary Restraining Order, Temporary Injunction, and Permanent Injunction filed on November 2, 2015 in the 365th Judicial District Court, Maverick County, Texas.

Plaintiffs, Jose Luis Trevino and Vita Trevino and Jose Maldonado and Elizabeth Maldonado, filed a civil lawsuit against Defendant Jose Alfredo Casares for alleged civil violatons regarding the sale of two real estate properties according to an executory contract for deed (contract for deed).

Plaintiffs, Jose Luis Trevino and Vita Trevino, allege Defendant Jose Alfredo Casares sold them on August 8, 2008 a real property together with improvements thereon legally described as Lot 1, Block 14, of Rio Vista Subdivision, also known as 415 Daisy Diaz Street, Eagle Pass, Texas.  The Trevinos allege that Casares left on or about October 10, 2015 a Notice of Trustee’s Sale at the front door of their home at 415 Daisy Diaz Street in Eagle Pass disclosing that their property would be sold at a Trustee’s Sale at 10 A.M. on Tuesday, November 3, 2015  at the front of the Maverick County Courthouse steps.  The lawsuit further alleges that Defendant Casares returned to the Trevinos home at 415 Daisy Diaz Street in Eagle Pass and told the Trevinos that they were four months in arrears in their monthly payments and owed $1,992 with accrued interest, and that on or about October 20, 2015 Defendant Casares returned again to the Trevinos home to tell them that in addition to the $1,992 they owed him another $1,500 for attorneys fees for preparing the Notice of Trustee’s Sale.  The Notice of Trustee’s Sale was allegdly signed by Eagle Pass attorney Catrina Purcell Longoria, but attorney Catrina Purcell Longoria signed an Affidavit stating that neither she nor her law firm, Langley & Banack, represent Casares nor signed the Notice of Trustee’s Sale that Casares presented the Trevinos.  Prior to October 10, 2015, the Trevinos never received notice of default or the opportunity to cure the default as alleged in the Notice of Trustee’s Sale.

Plaintiffs, Jose Maldonado and Elizabeth Maldonado, allege that Defendant Casares sold them on February 23, 2010 a real property legally described as Lot 10, Tract 9-17, Block 2 in Riveride Acres Subdivision in Maverick County, Texas.  The Maldonados allege that on October 23, 2015 a neighbor called them to inquire if they were selling their property because someone had put “For Sale” signs on it.  The Maldonados immediately went to their property and found a Notice of Trustee’s Sale dated July 28, 2015 attached to their mobile home on the property alleging the property had been foreclosed on Tuesday, September 1, 2015 at a Trustee’s Sale.  The Notice of Trustee’s Sale was allegedly signed by Eagle Pass attorney Catrina Purcell Lomgoria, but attorney Catrina Purcell Longoria signed an Affidavit stating that neither she nor her law firm, Langley & Banack, represent Casares nor signed the Notice of Trustee’s Sale.  The Maldonados went to the Maverick County Clerk’s Office to inquire about the Notice of Trustee’s Sale document and learned that it was not legally filed with the County Clerk’s Office nor paid the customary filing fee despite being stamped as being filed with that same office.  The Maldonados never received notice of default or the opportunity to cure the default as alleged in the Notice of Trustee’s Sale.

365th Judicial District Judge Amado J. Abascal, III, granted Plaintiff’s Application for a Temporary Restraining Order against Defendant Jose Alfredo Casares from selling or repossessing the real properties on November 2, 2015, setting a Court hearing for a Temporary Injunction on November 10, 2015, at 11 A.M.

Plaintiffs allege that Defendant Casares violated the Texas Deceptive Trade Practices Act and Texas Property Code and committed fraud against them.  Plaintiffs allege Defendant Casares did not provide them notice of default and the opportunity to cure default and other legal requirements under the Texas Property Code.

Plaintiffs request the Court to grant them a Temporary and Permanent Injunction against Defendant Casares, award them damages, reasonable attorney’s fees, court costs, and expenses.

Attempts to reach Defendant Jose Alfredo Casares for comment on this lawsuit were unsuccessful.  Generally, a Defednant denies the allegations in Plaintiffs original petition.

The lawsuit will be heard in the 365th Judicial District Court in Maverick County, Texas before Judge Amado J. Abascal, III.