McClain v. Kelley

GARY W. LYNCH, Chief Judge.

Paul Kelley, Jr. and Connie Kelley (“Defendants”), appeal the trial court’s judgment awarding Gary Dean McClain and Darlene McClain (“Plaintiffs”) statutory damages for Defendants’ alleged failure to timely submit for filing a deed of release of a deed of trust, as required by section 443.130. 1 Finding that Plaintiffs failed to prove the existence of a demand letter which satisfied the requirements of the statute, we reverse and remand for a new trial.

Factual and Procedural Background

Plaintiffs borrowed $33,000.00 from Defendants, which was evidenced by a…