San Antonio, TX asked in Real Estate Law for Texas

Q: I need help with a promissory note that used the home I reside in as collateral that is blocking us from a clear title

We signed a contract for deed with my aunt on my residence on Dec 2013 she then conveyed her interest to her ex husband (my uncle) in June 2014 which in return he purchased the home from her with Rocket Mortgage for $55,000. In the same month 6/2014 she had a promissory note of $70,000 stating that she was owed this money for the purchase of another home that my uncle was purchasing at the same time he just bought the home I reside in which is the collateral for the promissory note, ( please take note that me and my husband have lived in this same home since 12/2013 my aunt nor uncle never lived here after dec 2013 ) this was my grandparents home previously. My uncle signed a quit claimed deed that was notorized in May of 2021 due to his health, he has since passed away last october 2021, I need to know if and how I can have my aunt remove the lien since its harboring us from a clear title to purchase our home from Rocket Mortgage to pay off the june 2014 loan.

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1 Lawyer Answer

A: I just saw this question this evening. What a mess!

The good news is that there is a way to achieve your goal. The bad news is you will need to go to at least one court to resolve it. You may have to go to two different courts because it has to deal with an Estate now.

It looks like you initially signed a contract to sell an interest in the property to your aunt. After that I'm not sure if I get the facts straight. I will presume that when you sold to Aunt, you were to be paid off for the purchase price. Then she sells to Uncle for $55k. At this point does she pay you off? I will presume NO. Then she sells another home (not yours) and she is owed $70k? Then Uncle gives a Quit Claim deed to who? for what house? I presume the 1st house mentioned above. Now you want a lien cleared. What kind of lien? on which property? #1 above? I have never heard of a lien harboring a property. Even with all of the questions, I think you want to knock-out the QC Deed to clear the title. I would like to see all of the above paperwork so I can give you good advice. Nevertheless, You probably need to establish an estate for Uncle, then somehow sue the Estate in District Court to clear the lien. Sometimes you can bring all matters to the District Court. Sometimes you can bring all the matters to the Surrogate's court. Either way,you probably need the court to clear the title. There is another way to do it without court. It is complicated. and I am running out of room on this answer form. You can contact me or another lawyer to get solid advice but that would require a copy of all the documents.Also you could hire a lawyer to research and get all the docs.

Try to send another question or send me an email.

Good Luck!

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