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NORTHERN CALIFORNIA RECORD

Friday, April 19, 2024

Executrix files suit over Sacramento home's sale

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SACRAMENTO – An executor of the estate of a late Sacramento woman alleges that the decedent's home was put up for sale despite the terms of a reverse mortgage stating the estate could redeem the loan.

The estate of Joyce Whittaker, through its executrix Alberta Smith, filed a complaint on May 24 in the U.S. District Court for the Eastern District of California against Reverse Mortgage Solutions Inc., Federal National Mortgage Association, and all those claiming interest in certain real property known as 7637 Lisa Way, Sacramento, citing breach of contract and seeking declaratory relief.

According to the complaint, Smith is the sister of Joyce Whittaker, who died in 2015. Smith alleges that the family wished to purchase Whittaker's home. The plaintiff holds the defendants responsible because the defendants allegedly breached their contract with Whittaker when Reverse Mortgage Solutions offered the property for sale after the death of Whittaker.

The plaintiff requests a trial by jury and seeks to declare that the declaration of sale for the property is null and void, compensatory damages, general damages, special damages, statutory damages, all legal fees, appropriate injunctions, and any other relief as this court deems just. She is represented by Janis L. Turner of Janis L. Turner Law Offices in San Diego.

U.S. District Court for the Eastern District of California Case number 2:16-cv-01117-KJM-AC

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