Asked in Foreclosure and Real Estate Law for Texas

Q: Someone altered a unpaid promisary note and filed a mortgage on my home

What do I need do do to get this unpaid mortgage realeased

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2 Lawyer Answers
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: In Texas, the common practice is to use a deed of trust to secure a mortgage loan. The deed of trust must be sign by the homeowner which, in this case, is you.

If you did not sign the deed of trust and someone forged your signature, you should file a declaratory judgment action asking the court to declare that the deed of trust is void because you did not sign it.

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: Is there a question?

Sounds like some investigations need to happen. If the note is based in fraud, it is not enforceable.

Get a good lawyer and get after it ASAP.

Good Luck!

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