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Texas Foreclosure Questions & Answers

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 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 answered on Sep 28, 2018

Yes. He can.

1 Answer | Asked in Foreclosure for Texas on

Q: can a company rescind a sale after about 5 years when they have been paying taxes on the property the whole time?

purchased a property from a company who had previously owned the house, HOA foreclosed and took title to house buyers sue company for fraud because house belonged to the HOA and now HOA rescinds trustee sale for non payment of fees attempting to give ownership back to previous owners after the... Read more »

Tammy Lyn Wincott answered on Aug 24, 2018

This sounds like the HOA may have made a mistake and they're trying to "undo" it; however, they're making a larger mess of things.

Consult with a real estate attorney in your area as soon as possible; preferably one with HOA knowledge.

1 Answer | Asked in Foreclosure for Texas on

Q: If I can no longer pay my mortgage are there any alternatives to foreclosure?

Tammy Lyn Wincott answered on Aug 24, 2018

You can give the mortgage company a "Deed in Lieu of Foreclosure". You might also be able to put the arrears in a bankruptcy proceeding; however, you will need the income to pay towards your debts plus make your monthly payment.

Consult with a bankruptcy attorney as soon as possible....
Read more »

1 Answer | Asked in Criminal Law, Estate Planning and Foreclosure for Texas on

Q: In texas can my sister throw away my belongings if I can't pick it up

I have nowhere to go. I was evicted. She said she would hold my things. Now she says I need it gone in the week. Can she do that? Can I sue?

Paul Looney answered on Aug 16, 2018

You're in a tough spot, but your sister is well within her rights to evict you and your property. Find a place to land. You have no legal recourse.

1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Probate for Texas on

Q: I don't know what to do! No attorney and being sued. What do I do when I haven't even got into my late dad's bank????

Legal aide rejected me due to not enough resources so I don't know where to turn. I have 3 kids, one disabled and living off her SSI check and food stamps. No probate court since my dad had no assets. Bank wouldn't even tell me if it would be worth it, if there's any money in there at all even with... Read more »

Terry Lynn Garrett answered on Jul 31, 2018

If your father left no more than a home, $60,000 in personal goods and household effects and $75,000 in other assets (such as a car or bank accounts) you can file an Affidavit of Small Estate. The court filing fee ranges from about $300-350, varying with the county. If you file an Affidavit of... Read more »

1 Answer | Asked in Bankruptcy, Foreclosure and Real Estate Law for Texas on

Q: Hello, I need advice about a mortgage of a home that caught on fire

I have a manufacture home that caught on fire. the insurance sent me a check in my name and the mortgage company name. the company is refusing to send me copies of the documentation required to prove the amount that I owe for the house and they will not sign the check. they want me to sign the... Read more »

Timothy Denison answered on Jun 23, 2018

Have a local lawyer send them a letter requesting a payoff amount. They can determine exactly what is owed and negotiate deposit and payment of the check.

2 Answers | Asked in Bankruptcy and Foreclosure for Texas on

Q: if I file for chapter 13 in Texas (from lack of employment) how can I save my house and automobile, or do I loose them?

Do the house/car payments get adjusted and if so, how does it work and for how long do the payments get lowered?

Cristina M. Lipan answered on May 22, 2018

You probably wouldn't file a chapter 13 if you have no income. House and car may be exempted somewhat in a chapter 7. You need to speak to an attorney about your specific situation, as an answer on how to proceed depends on many factors.

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1 Answer | Asked in Family Law, Foreclosure and Probate for Texas on

Q: My father passed away 1 day later his home was sold in foreclos auction non judicial sale. what can I do. I live in home

Have not found a will my father had.

New owner sent me vacate notice 10 days ago.

No evictions have been filed.

Father was 100% Disabled Vet receiving benefits. He was owed back pay also.

father was receiving Pension from post office retirement.

Have not... Read more »

Terry Lynn Garrett answered on Mar 26, 2018

Use the Find a Lawyer function on the State Bar of Texas to find a probate lawyer in your county.

1 Answer | Asked in Estate Planning, Foreclosure, Probate and Tax Law for Texas on

Q: Property of deceased mother just went into foreclosure on tax loan i took out. Still in her name,no probate .

Took out with understanding sibs would help pay,but never did so left holding bag. Went to court but no one showed.Plantiff attorney is asking for names and addresses of other siblings. Intial loan the company sought me out and has since changed names 3 times. Also recieved calls saying theybwere... Read more »

Terry Lynn Garrett answered on Feb 22, 2018

You need to take the documents, your account and any Will to a local probate lawyer. If there is no Will, apply for a Determination of Heirship and Letters Testamentary. Foreclosure is supposed to be postponed until six months after the executor or administrator is appointed. This does not... Read more »

1 Answer | Asked in Foreclosure, Real Estate Law and Probate for Texas on

Q: Will it still be the same if the house not paid for yet? I already assumed the loan it's just the deed part

Ocwen still have payments till 2022 rent haven't been paid in a year it's bagged up 5900. The house was flooded. It's in bad shape. Mom died 2016.

Terry Lynn Garrett answered on Feb 21, 2018

Your question is not clear. Will what still be the same?

1 Answer | Asked in Foreclosure and Probate for Texas on

Q: My husband passed away going on three years ago. He had a home when we married. He adopted my son and he had three

Daughters. No will left. Trying to sell home. Have Heirship papers but daughters don’t want to sign. What can I do. It’s up for auction sale very soon due to foreclosure.

Terry Lynn Garrett answered on Dec 27, 2017

An Affidavit of Heirship is signed before a notary by two witnesses who know the family composition and do not stand to inherit and then recorded in the deed records of the county clerk in the county in which the real property is located.

An Affidavit of Small Estate is signed before a...
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1 Answer | Asked in Foreclosure and Real Estate Law for Texas on

Q: I was laid off a year ago and entered into a forebearance program with my lender. I went into foreclosure

I found an “investor” who was to pay overage on mortgage and take over mortgage payments so I signed paperwork. The investor filed a TRO based on my info to delay the auction date of Dec 5th. The overage has not been caught up and will not be until I am out of the house. The loan is non... Read more »

Nels Hansen answered on Dec 13, 2017

You may have sold your house already. The investor does not want to catch the loan up while you are still in the house because you may then decide not to leave. One of the problems with this type of deal is you will remain responsible for the mortgage until the investor sells the house and pays off... Read more »

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Texas on

Q: Please help me

My mom and step dad passed away and they own a house. They left no will and they owed back taxes. I have been paying 500 monthly on them. Was told that more taxes will be added next month because the homestead will fall off. I think i am going to do a affidavit of heirship but I dont know why they... Read more »

Terry Lynn Garrett answered on Dec 2, 2017

If your mother and stepfather left property in California, please repost under California probate. While California and Texas (where I practice) are both community property states, the rules are a bit different.

Please also make sure that you want to file an Affidavit of Heirship, which...
Read more »

1 Answer | Asked in Bankruptcy and Foreclosure for Texas on

Q: I own a home in Ca &one Tx. I have 30k in debt I cant pay.Can I be forced to sell one of my homes by not paying my bills

I am considering BK 7. Or possibly just stop paying the bills as it would save me 1000 per month. I am on a fixed income now. The homes are being rented out. I'm aware of the homestead law. If I were to homestead, I would protect the home in California. The home in Tx is about a year old, new... Read more »

Cristina M. Lipan answered on Nov 29, 2017

Homestead laws only apply when you reside in the property. You indicated the homes are being rented out, so you might not have this exemption. You should speak to a local bankruptcy attorney that can more accurately analyze the situation.

1 Answer | Asked in Bankruptcy, Business Formation and Foreclosure for Texas on

Q: Should my mortgage company foreclose my house if I filed for bankruptcy and informed them about it with my case #?

In Texas, if I filed for bankruptcy, informed my mortgage company about it with my case # and got jailed for a different reason before the bankruptcy got concluded, should it be in effect or should my mortgage company foreclose my house? Do I have any legal option if the mortgage company foreclosed... Read more »

Nels Hansen answered on Aug 4, 2017

If this was your first case the mortgage company should not have foreclosed while the automatic stay was in place. The automatic stay is in force from the time the case is filed until it is lifted or your case is dismissed. Getting locked up does not terminate the stay. Having your case... Read more »

1 Answer | Asked in Foreclosure and Probate for Texas on

Q: I have a Notice of Excess Funds. Is there a way to extend the deadline?

This is a probate issue originating from out of state. I may have to do some preliminary work which might take a while. can i go ahead and file or do something to keep the claim alive?

Tammy Lyn Wincott answered on May 29, 2017

I suggest consulting directly with an attorney on this as a lot more details would need to be known before any good advice can be given. Further, don't take or not take action according to answers you receive on a forum. Forums are good for general information; however, they are not meant to give... Read more »

1 Answer | Asked in Contracts, Estate Planning and Foreclosure for Texas on

Q: Who all needs to be added on a revocation of power of attorney form?

My parents own a home (both their names are on the mortgage) which they gave power of attorney to someone a few years ago. I am wanting to get a revocation of power of attorney to take that persons powers away. However, I would like to know, do both my parents name need to be on the document or can... Read more »

Terry Lynn Garrett answered on May 9, 2017

Anyone who signs a power of attorney appointing someone as agent must sign the revocation. In addition, they must notify all interested parties (the former agent, any bank or other entity which might be asked to treat the power of attorney as current). Anyone who is not notified is entitled to... Read more »

1 Answer | Asked in Bankruptcy, Foreclosure and Real Estate Law for Texas on

Q: One of my neighbors passed away and did not leave a will. She claimed chapter 13, and the house is part of it.

Her son makes 10 an hour and has no money. There is no will and he will not pursue the house . How can I jump in as an investor and get this house I would like to flip it and give him a little money so he can get an apartment. Since there is not a heir in the mix, should I wait until chapter... Read more »

Doug Allen Bernacchi answered on Mar 30, 2017

This often works. I think she did the right thing if she has regular income and afford the plan payments. If not she could only be using the file to obtain cheap rent and delay the inevitable, which could have real economic value in the short run, but not address her long term need for affordable... Read more »

1 Answer | Asked in Foreclosure for Texas on

Q: I am giving up my condo in a short sale - how do I handle fees still owed to the HOA?

Nels Hansen answered on Mar 24, 2017

Many times back owed HOA fees are paid out of the closing proceeds even in a foreclosure or short sale. For the bank, this is a better deal than having to go through a foreclosure even with the added fees included. HOA liens are separate from the mortgage holder’s lien.

An HOA does not...
Read more »

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