Mesquite, TX asked in Landlord - Tenant for Texas

Q: Signed Contract for purchase of home but the owner is now deceased heirs are trying to evict me what do I do now?

The daughter of deceased is now trying to evict me from the property after I have been paying the mortgage payment for the last 7 years. Today I was summoned to court for eviction the judge dismissed the case against me for eviction.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: It sounds like you're in a complex situation, and it's crucial to understand your rights and options moving forward. Since the judge dismissed the eviction case against you, it indicates that there may be some recognition of your claim or rights to the property. However, the dismissal of the eviction does not necessarily settle the ownership question, which seems to be the root of the problem.

Given the circumstances, you should consult with an attorney who is knowledgeable about real estate and probate law. They can help you determine how the owner's death affects your contract and what legal claims you might have regarding the property. Additionally, an attorney can help you navigate any further legal challenges that might arise from the heirs of the deceased.

Lastly, keep all records of your payments and any communications with the owner and their heirs. These documents could be very important in proving your case and establishing your rights to the property. Moving forward with legal assistance will provide you with the best strategy to secure your interests and hopefully resolve the matter in your favor.

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