Texas Foreclosure Questions & Answers

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

1 Answer | Asked in Foreclosure for Texas on
Answered on Aug 24, 2018
Tammy Lyn Wincott's answer
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.

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

1 Answer | Asked in Foreclosure for Texas on
Answered on Aug 24, 2018
Tammy Lyn Wincott's answer
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. There may be other assistance available, i.e. veteran's programs, etc.

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

1 Answer | Asked in Criminal Law, Estate Planning and Foreclosure for Texas on
Answered on Aug 16, 2018
Paul Looney's answer
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.

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????

1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Probate for Texas on
Answered on Jul 31, 2018
Terry Lynn Garrett's answer
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 Inability to Pay Court Costs and that is accepted, the filing fee will be waived. An Affidavit of Small Estate must be signed before a notary by all the heirs at law and by two people who will not...

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

1 Answer | Asked in Bankruptcy, Foreclosure and Real Estate Law for Texas on
Answered on Jun 23, 2018
Timothy Denison's answer
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.

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?

2 Answers | Asked in Bankruptcy and Foreclosure for Texas on
Answered on May 22, 2018
Cristina M. Lipan's answer
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.

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

1 Answer | Asked in Family Law, Foreclosure and Probate for Texas on
Answered on Mar 26, 2018
Terry Lynn Garrett's answer
Use the Find a Lawyer function on the State Bar of Texas to find a probate lawyer in your county.

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

1 Answer | Asked in Estate Planning, Foreclosure, Probate and Tax Law for Texas on
Answered on Feb 22, 2018
Terry Lynn Garrett's answer
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 necessarily apply to taxing authorities.

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

1 Answer | Asked in Foreclosure, Real Estate Law and Probate for Texas on
Answered on Feb 21, 2018
Terry Lynn Garrett's answer
Your question is not clear. Will what still be the same?

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

1 Answer | Asked in Foreclosure and Probate for Texas on
Answered on Dec 27, 2017
Terry Lynn Garrett's answer
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 notary by each heir and two witnesses who know the family composition and do not stand to inherit and submitted to the court where the decedent died or had real property.

If neither of these will...

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

1 Answer | Asked in Foreclosure and Real Estate Law for Texas on
Answered on Dec 13, 2017
Nels Hansen's answer
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 the lender or refinances it. If the investor holds the property as an investment you could remain on the mortgage for years. If the loan is paid late it will hit your credit. If the property is...

Q: Please help me

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Texas on
Answered on Dec 2, 2017
Terry Lynn Garrett's answer
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 Texas courts will not enforce until after it has been on file in the deed records for five years, and not an Affidavit of Small Estate, which can pass a home, personal property up to $60,000 and other...

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

1 Answer | Asked in Bankruptcy and Foreclosure for Texas on
Answered on Nov 29, 2017
Cristina M. Lipan's answer
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.

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

1 Answer | Asked in Bankruptcy, Business Formation and Foreclosure for Texas on
Answered on Aug 4, 2017
Nels Hansen's answer
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 dismissed terminates the stay.

Once the stay is terminated all creditors are free to resume collection activities including but not limited to repossession and foreclosure. If this was your second or...

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

1 Answer | Asked in Foreclosure and Probate for Texas on
Answered on May 29, 2017
Tammy Lyn Wincott's answer
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 direct advice and do not create any attorney/client relationship.

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

1 Answer | Asked in Contracts, Estate Planning and Foreclosure for Texas on
Answered on May 9, 2017
Terry Lynn Garrett's answer
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 treat the power of attorney as though it had never been revoked. A revocation should be recorded with the county clerk of every county where real property is located and sent to the former agent and...

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

1 Answer | Asked in Bankruptcy, Foreclosure and Real Estate Law for Texas on
Answered on Mar 30, 2017
Doug Allen Bernacchi's answer
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 housing. I really don't like these case for widows, but find them easier for heirs who often are younger and make money or have rising incomes to keep a home they otherwise could not get financing...

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

1 Answer | Asked in Foreclosure for Texas on
Answered on Mar 24, 2017
Nels Hansen's answer
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 have to honor the sale agreement but may do so to help along the sale. The HOA does not care about your money because of their lien on the property, you may have to get the cooperation of your lender...

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