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Texas Foreclosure Questions & Answers
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
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
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
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...
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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... Read more »

Cristina M. Lipan
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
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
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... 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
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
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
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...
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1 Answer | Asked in Criminal Law, DUI / DWI, Foreclosure and Appeals / Appellate Law for Texas on
Q: Can I petion a my probation before a hearing with an active warrant
Robert Sterling Guest
Robert Sterling Guest answered on Feb 1, 2017

Petition? I'm not sure what you mean by that. If you have an active warrant for a probation violation you need to hire an attorney to talk to probation and the prosecutor to see what can be done.

1 Answer | Asked in Real Estate Law and Foreclosure for Texas on
Q: I owe to the HOA but foreclosure is not in the bylaws. How can I satisfy the balance on the mortgage and move?

This is in Texas. The HOA put a lien a few years ago. I am current with my mortgage but not with the HOA. What is my best option to break even with the mortgage and get out of here?

Matthew S Tadlock
Matthew S Tadlock answered on Sep 19, 2016

Breaking even will depend on the amount remaining in mortgage debt, the amount owed to the HOA, and the purchase price. The HOA and mortgage will need to be paid off at the time of any sale or before.

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