Montgomery County Case 23-05-06629
Status: Active
Plaintiff purchased approximately 9.70 acres of land located in Montgomery County, Texas at a Trustees Sale and received a Substitute Trustees Deed dated May 5, 2022. The Substitute Trustees Deed was filed in the real property records of Montgomery County Real Property Records under document number 2022073617.
The Property that forms the basis of this cause of action was purchased by Vivian Diahn Quaye on or about September 27, 2019. The Beneficiary of the Deed of Trust was Alred Ofili.
Vivian Diahn executed a Warranty Deed with Vendors Lien for the property on or about May 27, 2020 for the benefit of Huios Group, LLC.
Zeus Mortgage Ltd d/b/a/ Zeuslending.com executed a Collateral Assignment of Note and Liens on or about June 22, 2020 regarding a promissory note executed by Huios Group, LLC that was dated May 27, 2020 in the amount of $456,000.
Alfred Ofili foreclosed on the property and was granted a Substitute Trustees dated July 6, 2021. The Substitute Trustees Deed was recorded in the Real Property records of Montgomery County, Texas.
Zeus Mortgage, Ltd d/b/a Zeuslending.com foreclosed and the Plaintiffs were issued a Substitute Trustees Deed for the property dated May 5, 2022 which was recorded in the real property records of Montgomery County, Texas.
Causes of Action.
a. Fraud – Plaintiff informed Defendant regarding the error made with the foreclosure and subsequent purchase by Plaintiff. Defendant failed and refused to refund funds to Plaintiff after the error was discovered.
b. Misrepresentation – Defendant represented to Plaintiff that they were the legal owner of the property when it was foreclosed on and subsequently purchased by Plaintiff. Defendant should have known that their lien was in second position to the prior lien held by Alfred Ofili that was extinguished by the previous foreclosure action.
Source: Plaintiff’s Original Petition filed 5/8/2023 (emphasis added)