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Texas Foreclosure Questions & Answers
2 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for Texas on
Q: My house was foreclosed upon while I was under bankruptcy protection in 2004, is it too late to sue Ameriquest Mortgage?
Cristina M. Lipan
Cristina M. Lipan answered on Nov 3, 2021

The bank likely received an order from the court lifting the automatic stay to proceed with the foreclosure. This is not uncommon and they can do this for various reasons - no equity, no adequate assurance, you haven't been paying the mortgage post petition... etc. Take a look at your... Read more »

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1 Answer | Asked in Estate Planning, Foreclosure and Real Estate Law for Texas on
Q: I'll shorten down my question that I asked earlier should I file for a quit claim deed playing adverse poss or what?

I just want to be able to have a place to lay my head I don't need a lot I don't care if I have to go without electricity or water this is all I have left of my family is this house all my family's deceased I've either buried or cremated 98% of my family in the last 10 years I... Read more »

Teri A. Walter
Teri A. Walter answered on Aug 9, 2021

It sounds like you are having difficulty paying the mortgage and are trying to avoid foreclosure. A quit claim deed won't help in that situation (it doesn't even convey the land in Texas, and should virtually never be used).

An adverse possession claim is a way of acquiring...
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1 Answer | Asked in Foreclosure and Real Estate Law for Texas on
Q: Home Deeded in one name and Mortgaged in another.

I recently discovered my single dad, whom has a mortgage, deeded the house to me and his name is no longer on the deed. He is still paying the mortgage. If he defaults on his loan can the bank foreclose on the house, or will any of this ruin my credit in any way? Would he be able to refinance or... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 9, 2021

You have taken title subject to the mortgage. It is his debt as the notemaker, but the real property stands as secured collateral. The lender can always foreclose if the note is not paid or other terms are not met. It is not your debt.

1 Answer | Asked in Estate Planning, Foreclosure and Probate for Texas on
Q: How to get my name on the deed to my dads house after his passing

My father and I had lived in this home since I was 6 years old. He got married in 2014 and he was renting to own the home. when the payments were completed they put the house in my step moms name and now my father has passed away. I called the tax office and they are not listing me or my brothers... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Mar 3, 2021

Hire a local probate attorney to file an application for succession.

2 Answers | Asked in Estate Planning, Foreclosure and Probate for Texas on
Q: Recently contacted by an agency regarding surplus funds from my deceased sister's property.

Are those agencies reputable? I'm her only surviving family member, both our parents are deceased. I find nothing noted in our County's surplus listings, nor state listings. How can I verify if there is actual funds? And, do I need to go through the agency who contacted me, or an attorney?

Terry Lynn Garrett
Terry Lynn Garrett answered on Dec 24, 2020

This is most likely a scam. If there were surplus funds from any source (even a utility deposit) they would, in good time, be deposited with the state comptroller. They could not be accessed until then.

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1 Answer | Asked in Foreclosure, Land Use & Zoning and Real Estate Law for Texas on

I dont understand this the more I send to clear title on mortgage loan the boa sends to clerks to submit against me and there adding to what is already documented! Bexar County Clerks are allowing add ons and extension, refinance documents to be added to records already there. How is this happening... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 18, 2020

It appears that you need a competent Texas attorney to conduct a title search. Then with your belated Release, he should be able to discern how to properly clear your Title. The Release probably only affects some of your recorded instruments, and you may need more Releases.

1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Foreclosure for Texas on
Q: What to do if a Judge is making me part of a case and I am not listed as party where it shows active and inactive party

I had a case in the court, but the person litigated in another court, and was awarded his request. I filed an appeal. Then had a TI schedule, in the TI one attorney post fraud. I filed for bankruptcy, the Judge in the BK ruptcy court heard the case and overturned the lower court finding. As it was... Read more »

Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

Sorry, this is a complex fact situation which appears to involve at least 3 different matters. No helpful comments can be made without reviewing the status of the underlying cases. If there is currently a Motion for Summary Judgment filed against you in the Counterclaim, you need to make sure... Read more »

1 Answer | Asked in Family Law, Foreclosure, Child Support and Probate for Texas on
Q: Any options to sue horriable father?

My uncle ended up racking up $27,000 worth of back taxes and so the bank foreclosed on the home and was no will accordingmy cousin whose father has passed away revieved a part of the money that was left after the taxes were paid and the rest was split between my father,uncle and cousin (whos father... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Nov 15, 2020

If your father sexually "molested" you as a child, you may be able to sue him for for sexual assault. This depends on how old you were when the molestation occurred and how old you are now. There are civil statutes of limitation on suits of this nature which may prevent your suing him for... Read more »

1 Answer | Asked in Real Estate Law, Foreclosure, Landlord - Tenant and Probate for Texas on
Q: My husband recently passed. I am not on the mortgage for the house. The bank is telling me I have 30 days to move. Help!
Terry Lynn Garrett
Terry Lynn Garrett answered on Sep 26, 2020

Are you on the deed? Have you filed to probate your husband's estate? Federal law prohibits a lender from foreclosing for six months after a court appoints someone to settle the estate.

1 Answer | Asked in Foreclosure, Real Estate Law and Public Benefits for Texas on
Q: How do I get percentage commission without getting a realtor for the sale of a friend's home that I sold .

I did a friend a favor and I got a buyer for her home on a mortgage short sale.

Mortgage company guidelines state she needs a realtor to sell her home.

I am not a realtor or licensed .

Yet how do I go about it to get that 6% commission from mortgage company?

What... Read more »

Gregory Byrnes
Gregory Byrnes answered on Apr 29, 2020

I don't practice Texas law, however, you probably can't get a commission legally because you need to be licensed either as a real estate agent or broker. You could look into whether it is permissible to receive a finders fee in Texas:

1 Answer | Asked in Contracts, Real Estate Law, Bankruptcy and Foreclosure for Texas on
Q: I bought a house from someone, but it was foreclosed before the closing date.

On 01-11-2020, I signed the contract with the owner, and the closing date is 02-14-2020. After the house is closed, someone send me a notice on 02-16-2020 that the property had been foreclosed on 02-04-2020, and their deed is recorded on 02-11-2020. Nobody sent me any notice before the closing... Read more »

Timothy Denison
Timothy Denison answered on Feb 22, 2020

The owners title police will protect you, although it will likely take a while to sort it out legally.

1 Answer | Asked in Bankruptcy and Foreclosure for Texas on
Q: my house is set for foreclosure 3/2/20, can you help file chapter 13 before 3/1/20?

I'm 3 months past due. Was making single payments in the last two months. CENLAR did not apply my payments to my mortgage. I found out 3 days ago.

I need to save my: 1) home, 2). car 3) furnishings 4) pay off credit cards and other debt

Monthly Net Income is $2700. Mortgage... Read more »

Timothy Denison
Timothy Denison answered on Feb 22, 2020

You can likely save those things by filing bankruptcy, but you need to contact your local bar association or legal aid society. They maintain a list of pro bono or reduced fee atttitneys.

1 Answer | Asked in Bankruptcy and Foreclosure for Texas on
Timothy Denison
Timothy Denison answered on Jan 17, 2020

It means a judgment or order was set aside.

1 Answer | Asked in Foreclosure for Texas on
Q: I’m in foreclosure, what’s the best way to stop from having home taken away. I’m 6 months behind.

6 months behind, live in Texas. Payment $1100 per month.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 7, 2020

Perhaps you can modify your loan or enter a chapter 13 bankruptcy. You should consult with a debt assistance attorney to see what your options are.

1 Answer | Asked in Bankruptcy and Foreclosure for Texas on
Q: Can I file chapter 13 to stop foreclosure in Texas
Timothy Denison
Timothy Denison answered on Oct 27, 2019


1 Answer | Asked in Civil Litigation, Foreclosure, Constitutional Law and Municipal Law for Texas on
Q: Faulty hydrants caused total loss. No compensation only seizure of all personal and real property w/o a court hearing

They seized my personal and real property without cause or warrant. Selectively prosecuted me and and selectively inforced unconstitutional code took my property for a tax debt that was being paid but not for a house around thencorner owing $15,000 and not making payments. Destroyed my property... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 27, 2019

Whatever the municipal law, foreclosure, tax, or property damage issues are here, you mention prosecution. The matter appears to have escalated from something civil to something criminal in nature. Although there is not a question listed, as a higher priority than any of the civil damages you... Read more »

2 Answers | Asked in Foreclosure, Real Estate Law, Arbitration / Mediation Law and Banking for Texas on
Q: If someone passes away with a mortgage can their children just give the house back to the bank and walk away?

The bank is saying the family has to keep paying the mortgage until the house is sold. She had cancer and there is no life insurance or money left in her account. They are also saying we are responsible for selling the house

Samuel B. Edwards
Samuel B. Edwards answered on Jul 20, 2019

Generally, yes, you can turn the house back over to the bank. The bank would typically have you sign a deed in lieu of foreclosure form. However, that is often not the best option. There are investors who specialize in buying properties "subject to" an existing mortgage and they will... Read more »

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1 Answer | Asked in Banking and Foreclosure for Texas on
Q: Do I need to sue my mortgage company because they made a mistake in my escrow account?

We found an error on our escrow account analysis in January. When asked Flagstar about it, we got the run around, saying it was our fault. Back before October we got a letter stating it was time to renew home owners insurance. So we called, and we had to get the insurance company to fax Flagstar... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 25, 2019

Go with the answer you got: Stop everything until the bank gets it straightened out.

1 Answer | Asked in Bankruptcy and Foreclosure for Texas on
Q: If I file for bankruptcy to avoid foreclosure will my debt be the full price of the mortgage or the amount I am behind?

I bought a house with my sister and she took a mortgage payment and left me high and dry. It takes me a full month to get a payment because I am behind and they will not take partial payments. I do not want to lose my home. I am 6mo behind

Timothy Denison
Timothy Denison answered on Jan 7, 2019

Full price of mortgage.

1 Answer | Asked in Bankruptcy, Foreclosure and Real Estate Law for Texas on
Q: Can def file a mt to vacate jud or motion for rehearing in a fed civil case after judge accepts the magistrate report?

Judge hasn't posted a final judgment yet. And if a defendant can file a motion to vacate or a motion for a rehearing based on error in judgment contrary to the law can new evidence be introduced in that motion? This is a federal foreclosure case for home equity loan

Timothy Denison
Timothy Denison answered on Sep 28, 2018

Yes. He can.

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