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Texas Foreclosure Questions & Answers
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: https://legalbeagle.com/8579336-texas-finders-fee-laws.html

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
Q: WHAT DOES A REVERSED AND VACATED MEAN AT THE CAVC
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

Yes.

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.

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
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
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...
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
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... Read more »

Terry Lynn Garrett
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
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
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
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
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 »

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