Man says all facts weren't included in property agreement

By Harmon Marks | Dec 15, 2011

HAMLIN -– A man contends all the facts were not included in a November 2005 agreement to purchase property near Tornado and he wants a Lincoln Circuit Court jury to determine amounts of damages he is entitled to.

Dunbar attorney Stephen P. Swisher represents Gregory A. Bays against defendants Herschel Sowards and Donna Sowards.

Complaint says the Sowards' contracted to sell the property for $49,000 and Bays made a $2,000 down payment, the $3,000 by Nov. 25, 2005, with the balance to be paid in 55 monthly installments.

Saying he "fully paid off any and all of his obligations..." Bays wants a general warranty deed, which he says defendants refuse to draft and execute.

Detailing a second cause for suit, he claims the Sowardses represented the house and property he seeks was "fully paid for and there were no liens and encumbrances ..."

Complant says "defendants had already executed a note and deed of trust to Homeowners Loan Corporation ..." and Bays believes there still exists a substantial lien.

Bays seeks jury awards of an amount equal to the outstanding loan balance due Homeowners Loan and punitive damages of $100,000.

Circuit Judge Jay M. Hoke will hear the case.

Lincoln Circuit Court case number: 11-C-126

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