News

ABRAHAM WINS LAWSUIT AGAINST HOUSING AGENCY

By Erin France/OF THE COMMERCIAL STAFF
Tuesday, April 7, 2009 11:41 AM CDT

It’s been three days and as Barbara Abraham looked at the house that she said has cost her almost six years worth of worry, five years of litigation and more than $72,000, a man idled his truck in the road.

Barbara Abraham stands outside the house at 5330 W. Short Third Ave. on Monday. Pine Bluff Commercial/Erin France

“Did you win?” he shouted.

“Yes,” Abraham said.

Friday night around 10 p.m. a jury awarded Abraham the ability to rescind her contract, which allows her to give back the deed to the house at 5330 W. Short Third Ave. to Progressive Southeast Arkansas Housing Corp. and attempt to re-coup what she has paid on the mortgage.

She first filed the lawsuit in 2004 against Progressive, an agency designed to build low-income housing, and the group’s board president, James Black.

“It was like I was just waking up from a nightmare,” Abraham said.

“It is the only time I’ve had jurors hug my client at the end of the trial,” said Abraham’s lawyer, Jason Files.

Friday was the second day of the two-day trial. Lawyer Theresa Caldwell represented Black and Progressive.

At the heart of the trial was a series of arguments over responsibility for the property at 5330 W. Short Third Ave. and its defects.

Files brought forth former employees of Pine Bluff’s Inspection and Zoning Department who testified to the lack of required inspections on the home.

Caldwell used real estate and housing officials to cast doubt on Abraham’s motives and sincerity in retaining ownership of the structure.

“I’ve never been happier for a client who’s been vindicated,” Files said.

Abraham said she’s happy to leave the house buying market behind.

“I’m out of the house business,” she said.

She added that those purchasing a home should take along a knowledgeable, trusted friend when looking at the property.

“Don’t be naive about it like I was,” she said.

Calls to Caldwell and Progressive were not returned Monday.

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