Legal Question in Real Estate Law in Texas

Hello, I am a texas resident and I have lived with my sister for the past year and her home has been going through the modification process, while in foreclosure. She moved out this week and gave me the option to keep up morgage should modification is approved. So our question is, would she be considered to have abandoned her home by moving? Thank you for you time and help.


Asked on 9/04/10, 9:25 am

1 Answer from Attorneys

David Leon David L. Leon, P.C.

It might violate the due on sale clause if she were to deed it to you. It also may violate the loan modification. Better practice would be for you to 'short buy' (offer a lesser amount that the loan) and just buy the house outright. You can avoid a lot of uncertainty that way.

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Answered on 9/09/10, 10:18 am


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