Couple sued for breaching Collinsville condo contract

Kelly Holleran Oct. 29, 2008, 2:21am

Victorina A. and Francisco C. Tejada, Jr., have filed suit against Enrique E. and Shelly M. Patterson Earnst, claiming the couple has failed to pay the balance owed on a contract for deed.

The Earnsts entered into the contract on Oct. 15, 2004, agreeing to buy a condominium at 1022 Lafayette Court in Collinsville for $63,000, according to the complaint filed Oct. 16 in Madison County Circuit Court.

The contract stipulates $5,000 would be paid at the time of its signing and the remaining sum would be paid in monthly installments of $366.60, the suit states.

The remaining balance, plus any interest, was supposed to be paid by Oct. 30, 2007, according to the contract.

The Tejadas claim the Earnsts have failed to pay the principal balance due by Oct. 30, 2007. In addition, the couple has failed to pay real estate taxes and to pay the condominium dues of $137 per month on time, according to the complaint.

The Earnsts were served a 30-day notice on Aug. 21 that stipulated full compliance with the terms of the contract was required or the Tejadas would seek possession of the property, the suit states.

The Tejadas claim the Earnsts failed to comply with the notice.

The Tejadas claim they are entitled to possession and right to sell the property because of the Earnsts' default.

The Tejadas are seeking an order granting the complaint for forcible entry and detainer that would require the Earnsts to vacate the premises and relinquish their possession, an order finding the contract for deed in default, an order granting the Tejadas the ability to sell the property and apply the proceeds of the sale and an order finding the defendants in fault.

They are also seeking the principal balance of $59,622.75, plus interest and attorney's fees and costs.

William L. Berry of William Berry and Associates in Collinsville will be representing them.

Madison County Circuit Court case number: 08-L-977.

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